South Australia act

Biodiversity Act 2025

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

9/10 complexity

The Act replaces South Australia’s native‑vegetation regime with a single statewide Biodiversity Act: it creates a Council and specialist committees, establishes three public biodiversity funds, tightly regulates clearing of native plants and use of protected animals, mandates a mitigation hierarchy and SEBs (including tradable credits), and enables biodiversity agreements attached to title.

It affects landowners, farmers, developers, miners, commercial users, Aboriginal communities and public agencies. It matters because it shifts how biodiversity is conserved and funded—using permits, market‑style credits and strong enforcement—while recognising Aboriginal custodianship.

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Current sections

Direct links to the current provisions in Biodiversity Act 2025.

Part 2

Objects, principles and general duty etc

Part 2—Objects, principles and general duty etc 7—Objects The objects of this Act are— (a) to promote biodiversity conservation and restoration as a responsibility equitably shared by all of society across all sectors and supported by individual accountability; and (b) to recognise and respect that Aboriginal people are the enduring custodians of the lands and waters of the State and have a fundamental role in, and knowledge of, caring for Country, including in relation to conserving and restoring biodiversity; and (c) to protect, restore and enhance biodiversity such that there is an improvement in the state of biodiversity at all scales and to build the resilience of biodiversity, including resilience to the impacts of climate change; and (d) to promote halting and reversing biodiversity loss; and (e) to identify and prioritise biodiversity assets for conservation and restoration across the State to inform land use planning and decision‑making frameworks; and (f) to ensure that biodiversity management takes into account the importance of biodiversity in addressing climate change; and (g) to ensure that interactions with, management of and use of biodiversity is sustainable and appropriate such that the current generation maintains or enhances the health and resilience of biodiversity for the benefit of future generations. A person or body engaged in the administration of this Act must seek to give effect to the objects in this section. 8—Principles A person or body engaged in the administration of this Act must seek to give effect to the following principles: (a) that halting and reversing biodiversity loss, such that there is an improvement in the state of biodiversity, will require embracing new and transformative ways of thinking and acting to support the environment, culture, economy and wellbeing of the current generation and future generations; (b) that the community has a right to know about and participate in environmental decision‑making; (c) that Aboriginal people with a strong connection to Country will be engaged in a way that is respectful and mindful of cultural sensitivities and the historical and persisting impacts of colonisation; (d) that decisions should be based on the best available evidence, including scientific evidence, Aboriginal knowledges and local knowledge, and be made having regard to the potential long‑term, medium‑term and short‑term impacts of climate change; (e) that lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation if there are threats of serious or irreversible environmental damage. 9—Acting consistently with State Biodiversity Plan A person or body engaged in the administration of this Act must act consistently with, and where appropriate give effect to, the State Biodiversity Plan in making decisions under this Act. 10—Aboriginal knowledges A person or body engaged in the administration of this Act must, as far as is practicable, seek Aboriginal knowledges and, where available and endorsed by the holders of the knowledges, consider and apply the knowledges, at all times respecting the sensitivity of the sharing of cultural knowledge, in the following: (a) the identification, approval and management of Culturally Significant Biodiversity Entities; (b) preparing and reviewing the State Biodiversity Plan; (c) preparing and implementing plans following the listing of native species, ecological communities and ecological entities on a designated list and the declaration of critical habitat in accordance with Part 6; (d) preparing Council guidelines and biodiversity policies under this Act; (e) in the case of the Scientific Committee—carrying out an extinction inquiry under section 82. 11—General duty (1) A person must not carry out or undertake an act or activity that harms or has the potential to harm biodiversity unless the person takes all reasonable and practicable measures to prevent or minimise any resulting harm. (2) In determining what reasonable and practicable measures are required to be taken in accordance with this section, regard is to be had, amongst other things, to the following: (a) the objects of this Act in section 7 and the principles in section 8; (b) the likelihood of harm arising from the act or activity, taking account of factors such as the sensitivity of the affected environment or element of biodiversity; (c) the potential impact of the harm, including the nature, extent and duration of any harm and the extent to which the harm might have a cumulative effect; (d) the extent to which the person knows or ought reasonably to know about, or have reasonably foreseen, the likelihood of harm and ways to eliminate or minimise it; (e) the availability, suitability and practicability (including cost) of measures to prevent or minimise harm or the risk of harm; (f) any matters prescribed by regulations or a biodiversity policy in accordance with subsection (3). (3) Regulations or a biodiversity policy may specify— (a) acts and activities that will, or will not, be taken to harm biodiversity; and (b) matters to be taken into account in determining what reasonable and practicable measures are required to be taken under this section; and (c) measures that will, or will not, be taken to constitute reasonable and practicable measures for the purposes of compliance with the duty. (4) A person will be taken not to be in breach of the duty under this section if they are acting— (a) in accordance with a requirement under this Act or another Act; or (b) in accordance with a permission, right or entitlement under this or another Act; or (c) in prescribed circumstances; or (d) in compliance with a biodiversity policy made for that purpose. (5) Failure to comply with the duty under this section does not of itself constitute an offence, but— (a) compliance with the duty may be enforced by the issuing of a compliance order or reparation order; and (b) an order may be issued or an order may be made by the ERD Court under Part 8 Division 4 Subdivision 1 in respect of non‑compliance with the duty. (6) For the purposes of this section— act includes any omission; harm to biodiversity is taken to be a direct or indirect adverse impact on biodiversity that is not trivial, having regard to— (a) the extent and scale of the impact; and (b) the sensitivity of the affected environment; and (c) any matter that may be prescribed by regulations or a biodiversity policy.

Part 3

Administration

Part 3—Administration

Div 1

General

Division 1—General 12—Delegation by Minister (1) Subject to this section, the Minister may delegate any of the Minister's functions under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act. (2) A delegation— (a) must be made by instrument in writing; and (b) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the delegator to act in any matter. (3) The Minister cannot delegate the function of making recommendations to the Governor. (4) A person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator. Maximum penalty: $20 000. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter. 13—Ministers not to administer Act The following Ministers must not assume responsibility for the administration of this Act: (a) the Minister administering a mining Act; (b) the Planning Minister.

Div 2

Statutory bodies

Division 2—Statutory bodies

Subdiv 1

Biodiversity Council

Subdivision 1—Biodiversity Council 14—Establishment of Biodiversity Council The Biodiversity Council is established. 15—Composition of Council (1) The Council will consist of at least 7 members and not more than 12 members appointed by the Governor, on the recommendation of the Minister, of whom— (a) 1 must be a member of the CAC; and (b) 2 must be members of the ABC (being persons of different genders); and (c) 1 must be a member of the Scientific Committee. (2) The Minister must, when recommending persons for appointment to the Council, seek to ensure that, as far as is practicable, the members of the Council— (a) have a balance of expertise that is relevant to addressing the conservation, restoration and enhancement of biodiversity; and (b) collectively have skills, knowledge and experience in the following areas: (i) terrestrial biodiversity conservation and restoration; (ii) aquatic biodiversity conservation and restoration; (iii) local government; (iv) energy and resources; (v) scientific research in relation to biodiversity; (vi) primary production or pastoralism; (vii) land use, urban or regional planning; (viii) climate change adaptation and mitigation; (ix) Aboriginal knowledges. (3) In addition, the Minister should seek to recommend persons for appointment to the Council who can demonstrate— (4) Subject to subsection (6), the following applies to the recommendation of persons for appointment to the Council: (a) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Conservation Council of South Australia for the purposes of subsection (2)(b)(i) and (ii); (b) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Local Government Association of South Australia for the purposes of subsection (2)(b)(iii); (c) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the South Australian Chamber of Mines and Energy for the purposes of subsection (2)(b)(iv); (d) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by Primary Producers South Australia for the purposes of subsection (2)(b)(vi); (e) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Premier's Climate Change Council established by the Climate Change and Greenhouse Emissions Reduction Act 2007 for the purposes of subsection (2)(b)(viii). (5) If a body referred to in subsection (4) fails to nominate a panel in accordance with the requirements of that subsection, or the Minister considers that none of the 3 persons on a panel referred to in that subsection has the required skills, knowledge or experience, the Minister must request that the body nominate a panel of 3 persons or a panel of 3 different persons (as the case requires). (6) If, after the Minister makes a request under subsection (5), the body fails to nominate a panel, or the Minister considers that none of the 3 persons on a panel nominated has the required skills, knowledge or experience, the Minister may instead recommend for appointment to the Council any person who the Minister considers has the required skills, knowledge or experience. (7) If a body referred to in subsection (4) ceases to exist, and no other body takes over its functions, the regulations may prescribe a body to take over the ceased body's function under that subsection and, if the regulations do not do so, the Minister may make a recommendation without a nomination. (8) The Minister may consult with any entity the Minister thinks fit before recommending a person for appointment to the Council. (9) The Minister may only recommend a member of the ABC for appointment as a member of the Council on the nomination of the ABC. (10) The Minister will designate a member of the Council to chair meetings of the Council. (11) The chair of the Council may not be a member of the Public Service. 16—Functions of Council The Council has the following functions: (a) to provide advice to the Minister in relation to the administration of this Act; (b) to provide advice to the Minister in relation to the State Biodiversity Plan, including in relation to any reviews of the Plan; (c) to prepare and adopt guidelines for the purposes of section 174; (d) to make the SEB policy and a biodiversity policy relating to environmental benefit credits and to provide advice in relation to other biodiversity policies; (e) to manage the Biodiversity Restoration Fund; (f) to keep under review the operation of the principles of preservation of native plants and to advise the Minister of any changes it considers are necessary or desirable; (g) to keep under review the operation of the mitigation hierarchy and to advise the Minister of any changes it considers are necessary or desirable; (h) to advise the Minister, and provide approvals, in relation to biodiversity agreements; (i) to, on application, review decisions of the CAC to refuse to give consent to applications for consent to clear native plants under Part 4 Division 3 or to revoke such a consent; (j) to engage the community in relation to the importance of biodiversity conservation; (k) such other functions assigned to it by or under this Act or by the Minister.

Subdiv 2

Clearance Assessment Committee

Subdivision 2—Clearance Assessment Committee 17—Establishment of Clearance Assessment Committee The Clearance Assessment Committee is established. 18—Composition of CAC etc (1) The CAC will consist of the prescribed number of members. (2) Members of the CAC will be appointed by the Minister on the basis of the skills and expertise considered necessary to achieve its functions. (3) In addition, the Minister should seek to appoint persons to the CAC who can demonstrate— (4) One member of the CAC must be an Aboriginal person who may, but need not, be a member of the ABC. (5) The Minister will designate a member of the CAC to chair meetings of the CAC. (6) The chair of the CAC may not be a member of the Public Service. (a) set out requirements as to the requisite skills and expertise of the members of the CAC; and (b) prescribe requirements in respect of the appointment of members of the CAC. 19—Functions of CAC The CAC has the following functions: (a) to make assessments and decisions regarding clearance of native plants, including determining applications for consent to clear native plants and applications referred under the Planning, Development and Infrastructure Act 2016; (b) to make assessments and decisions regarding destruction, damage and disturbance of critical habitat under Part 6; (c) to apply the SEB policy; (d) to be a source of expert advice to the Council and the Minister in relation to native plant matters, including the management, conservation, restoration and enhancement of native plants; (e) to initiate enforcement action relating to the unlawful clearance of native plants in accordance with Part 8; (f) such other functions assigned to it by or under this Act or by the Minister.

Subdiv 3

Aboriginal Biodiversity Committee

Subdivision 3—Aboriginal Biodiversity Committee 20—Establishment of Aboriginal Biodiversity Committee The Aboriginal Biodiversity Committee is established. 21—Composition of ABC etc (1) The ABC will consist of the prescribed number of members. (2) Members of the ABC will be appointed by the Minister on the basis of the environmental and cultural expertise considered necessary to achieve its functions. (3) In addition, the Minister should seek to appoint persons who can demonstrate— (4) All members of the ABC must be Aboriginal persons. (5) The Minister will designate a member of the ABC to chair meetings of the ABC. (6) The chair of the ABC may not be a member of the Public Service. (a) set out requirements as to the requisite skills and expertise of the members of the ABC; and (b) prescribe requirements in respect of the appointment of members of the ABC. 22—Functions of ABC The ABC has the following functions: (a) to provide advice to the Minister in relation to the management of biodiversity from Aboriginal perspectives; (b) to provide advice to the Minister in relation to Aboriginal perspectives on any matters included in this Act that are relevant to Aboriginal people, including the State Biodiversity Plan; (c) to provide advice to the Minister in relation to the application of Aboriginal knowledges in the management of biodiversity; (d) to co‑develop with the Minister relevant biodiversity policies, including the following: (i) a policy about the consideration and application of Aboriginal knowledges in connection with the operation of this Act; (ii) a policy for identifying, approving and managing Culturally Significant Biodiversity Entities; (iii) a policy about cultural burning of native plants undertaken by Aboriginal persons; (e) such other functions assigned to it by or under this Act or by the Minister.

Subdiv 4

Scientific Committee

Subdivision 4—Scientific Committee 23—Establishment of Scientific Committee The Scientific Committee is established. 24—Composition of Scientific Committee etc (1) The Scientific Committee will consist of the prescribed number of members. (2) Members of the Scientific Committee will be appointed by the Minister on the basis of the technical skills and scientific expertise considered necessary to achieve its functions. (3) In addition, the Minister should seek to appoint persons who can demonstrate— (4) One member of the Scientific Committee must be an Aboriginal person who may, but need not, be a member of the ABC. (5) The Minister will designate a member of the Scientific Committee to chair meetings of the Scientific Committee. (6) The chair of the Scientific Committee may not be a member of the Public Service. (a) set out requirements as to the requisite skills and expertise of the members of the Scientific Committee; and (b) prescribe requirements in respect of the appointment of members of the Scientific Committee. 25—Functions of Scientific Committee (1) The primary function of the Scientific Committee is to make final listing decisions and provisional listings in respect of the designated lists. (2) In addition, the Scientific Committee has the following functions: (a) to provide advice on matters in relation to Part 6, including advice relating to the assessment, listing and recovery of native species, ecological communities and ecological entities; (b) to prepare nominations under Part 6 for native species, ecological communities and ecological entities; (c) to review and provide advice on nominations and assessments in relation to listing decisions under Part 6; (d) to provide advice in relation to the adequacy of the eligibility criteria prescribed for the purposes of section 73; (e) to review and provide advice on nominations, assessments and declarations of critical habitat under Part 6; (f) to review and provide advice on action plans and threat abatement plans under Part 6; (g) to undertake extinction inquiries in accordance with section 82; (h) to provide advice in relation to the adequacy of the designated lists required to be maintained under Part 6 and the effectiveness of the listing processes; (i) to report annually on the operation of Part 6, including on the maintenance of the designated lists required to be maintained under that Part; (j) to provide advice in relation to the State Biodiversity Plan and other relevant plans and policies developed under this Act; (k) such other functions assigned to it by or under this Act or by the Minister.

Subdiv 5

Other committees, advisory bodies and trusts

Subdivision 5—Other committees, advisory bodies and trusts 26—Other committees and advisory bodies (1) The Council may, with the approval of the Minister, establish such committees as the Council thinks fit to advise or assist the Council. (2) A committee established under subsection (1) may, but need not, consist of or include members of the Council. (3) The Minister may establish such committees and advisory bodies as the Minister thinks fit for the purposes of this Act. (4) One member of a committee or advisory body established under this section must be an Aboriginal person who may, but need not, be a member of the ABC. (5) The regulations may make any provisions necessary or desirable in relation to a committee or advisory body established under this section. 27—Ability to establish trusts The regulations may establish a trust for the purposes of this Act and make any provisions necessary or desirable in relation to such a trust.

Subdiv 6

Conditions of membership, remuneration, procedures and other matters

Subdivision 6—Conditions of membership, remuneration, procedures and other matters 28—Conditions of membership (1) A member of the Council and any committee or advisory body established by or under this Act will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment. (2) The Minister may remove a member of the Council or a committee or advisory body established by or under this Act from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for failing to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for misconduct. (3) The office of a member of the Council or a committee or advisory body established by or under this Act becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). 29—Remuneration A member of the Council and any committee or advisory body established by or under this Act is entitled to such remuneration, allowances and expenses as the Minister may determine (if any). 30—Procedures The procedures of the Council and any committee or advisory body established by or under this Act will be as prescribed by regulation or, to the extent that they are not prescribed, as determined by— (a) in the case of procedures of the Council or a committee established by the Council—the Council; or (b) in the case of procedures of the CAC, ABC, Scientific Committee or a committee or advisory body established by the Minister—the Minister; or (c) in the case of procedures of a committee or advisory body and to the extent that the procedure is not determined by the Council or the Minister—by the committee or advisory body. 31—Application of Public Sector (Honesty and Accountability) Act The Public Sector (Honesty and Accountability) Act 1995 applies to a member of the Council and any committee established by or under this Act as if the Council or committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. 32—Staff (1) There must be a secretary to the Council and each committee and advisory body established by or under this Act and such other staff to assist the Council and each committee and advisory body as the Minister thinks fit. (2) Each secretary and other members of staff are to be Public Service employees. (3) The Council and each committee and advisory body established by or under this Act may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. 33—Annual reports (1) The Council, CAC, ABC and Scientific Committee must, on or before 31 October in each year, prepare and present to the Minister a report on the work of the Council, CAC, ABC or Scientific Committee (as the case requires) in carrying out its functions and achieving the objects of this Act during the financial year ending on the preceding 30 June. (2) The Minister must, within 6 sitting days after receiving a report presented under this section, cause copies of the report to be laid before both Houses of Parliament and publish the report on a website determined by the Minister. 34—Delegation (1) Subject to this section, the Council or a committee or advisory body established by or under this Act may, with the approval of the Minister, delegate any of its functions. (2) A delegation— (a) must be made by instrument in writing; and (b) may be made— (i) to a particular person or body; or (ii) to a person for the time being occupying a particular office or position; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the delegator to act in any matter. (3) A delegation may only be made to a local council or an officer of a local council under this section with the written approval of the relevant council. (4) A person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator. Maximum penalty: $20 000. (5) A person who is a member of a local council or the governing body of a body corporate to which functions have been delegated under this section must not take part in any deliberations or decisions of the local council or body corporate made in accordance with the delegation in relation to any matter in which that person has a direct or indirect personal or pecuniary interest. (6) It is a defence to a charge of an offence against subsection (4) or (5) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter. 35—Validity of acts of Council, committees, advisory bodies and trusts No act or proceeding of the Council or a committee, advisory body or trust established by or under this Act is invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.

Div 3

Funds

Division 3—Funds Subdivision 1—Biodiversity Restoration Fund 36—Biodiversity Restoration Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Biodiversity Restoration Fund. (2) The Biodiversity Restoration Fund is subject to the management of the Council. (3) The Biodiversity Restoration Fund consists of— (a) money (other than the money referred to in section 39(3)(a)) that was, immediately before the commencement of this section, held in the Native Vegetation Fund under the Native Vegetation Act 1991; and (c) grants, donations, gifts or bequests made to the Minister or the Council for purposes related to the Fund; and (d) income from investment of the Fund; and (e) expiation fees and penalties recovered in respect of offences under this Act or the regulations relating to native plants (other than prescribed offences); and (f) payments by order of a court under this Act relating to the clearance of native plants or an administrative order in relation to such clearance; and (g) where an order is made by a court in relation to a contravention of a requirement to comply with the general duty under section 11—any payment specified in the order to be made to the Fund; and (h) payments made in lieu of a requirement to achieve a significant environmental benefit; and (i) money required or authorised by or under this or any other Act to be paid to the Fund; and (j) money the Minister determines should be held and applied by the Fund; and (k) money paid into the Fund from the Biodiversity Administration Fund. (4) Subject to subsection (5), the Council may apply any part of the Biodiversity Restoration Fund— (a) towards ecological restoration, including, but not limited to, re‑establishing, enhancing, preserving, managing and researching native plants; or (b) in accordance with section 99; or (c) towards any other purpose for which the Fund may be applied under this Act. (5) The part of the Biodiversity Restoration Fund that constitutes payments made in lieu of a requirement to achieve a significant environmental benefit must be applied in accordance with the SEB policy. 37—Accounts and audit (1) The Council must keep proper accounts of receipts and payments in relation to the Biodiversity Restoration Fund. (2) The Auditor‑General may at any time, and must at least once in each year, audit the accounts of the Biodiversity Restoration Fund. Subdivision 2—Biodiversity Conservation Fund 38—Biodiversity Conservation Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Biodiversity Conservation Fund. (2) The Biodiversity Conservation Fund is subject to the management and control of the Minister. (3) The Biodiversity Conservation Fund will consist of— (a) all moneys that were, immediately before the commencement of this section, held in the Wildlife Conservation Fund under the National Parks and Wildlife Act 1972; and (c) grants, donations, gifts or bequests made to the Minister or the Council for purposes related to the Fund; and (d) income from investment of the Fund; and (e) expiation fees and penalties recovered in respect of offences under this Act or the regulations relating to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat; and (f) expiation fees and penalties recovered in respect of offences under this Act or the regulations relating to hunting; and (g) expiation fees and penalties recovered in respect of offences under Part 6; and (h) expiation fees and penalties recovered in respect of offences under Part 9; and (i) royalty paid under this Act; and (j) money arising from any sale that the Minister is authorised to make under this Act (including from the sale of any item surrendered to the Minister or seized or disposed of in accordance with this Act); and (k) payments by order of the ERD Court in relation to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat, or an administrative order made under this Act in relation to protected animals, protected animal products, eggs of a protected animal (whether protected eggs or otherwise) or protected habitat; and (l) where an order is made by the ERD Court in relation to a contravention of a requirement to comply with the general duty under section 11—any payment specified in the order to be made to the Fund; and (m) money required or authorised by or under this or any other Act to be paid to the Fund; and (n) money the Minister determines should be held and applied by the Fund; and (o) money paid into the Fund from the Biodiversity Administration Fund. (4) Subject to this Act, the Minister may apply any portion of the Biodiversity Conservation Fund towards— (a) plant and animal conservation programs; and (b) the promotion of research into— (i) problems relating to the conservation of plants and animals; or (ii) the impact of the issue of any permits under this Act; or (iii) any other matter connected to this Act; and (c) programs for the benefit of any industry requiring a permit under this Act; and (d) any other purpose for which the Fund may be applied under this Act. Subdivision 3—Biodiversity Administration Fund 39—Biodiversity Administration Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Biodiversity Administration Fund. (2) The Biodiversity Administration Fund is subject to the management and control of the Minister. (3) The Biodiversity Administration Fund consists of— (a) a prescribed amount of money that was, immediately before the commencement of this section, held in the Native Vegetation Fund under the Native Vegetation Act 1991; and (c) income from investment of the Fund; and (d) expiation fees and penalties recovered in respect of offences that are not referred to in section 36(3) or section 38(3); and (e) subject to subsection (4)—fees (other than expiation fees) paid under this Act; and (f) all other money that is required or authorised by or under this Act or any other law to be paid into the Fund; and (g) money the Minister determines should be held and applied by the Fund. (4) If an application to clear native plants is made to a local council or other body corporate or other person acting under delegation from the CAC, the prescribed fee paid by the applicant under this Act may be retained by the local council or other body or person. (5) The Minister may apply any part of the Biodiversity Administration Fund— (a) in paying any amount into the Biodiversity Restoration Fund or the Biodiversity Conservation Fund that the Minister determines should be held and applied for the purposes of that fund rather than under this section (and any such determination will have effect according to its terms); or (b) for any other purpose to further the objects of this Act or to support the operation or administration of this Act; or (c) in making any other payment required or authorised by or under this Act. Subdivision 4—General 40—Ability to establish other funds The regulations may establish a fund for the purposes of this Act and make any provisions necessary or desirable in relation to such a fund. 41—Investment Any money in a fund maintained under this Division that is not for the time being required for the purposes for which that fund may be applied under this Division may be invested in a manner determined by the Minister.

Part 4

Native plants

Part 4—Native plants Division 1—Preliminary 42—Regulated acts or activities (1) For the purposes of this Part, the following acts or activities are regulated acts or activities: (a) clearance of native plants of a relevant kind on land (whether public land or otherwise) within the regulated clearance area or on public land outside the regulated clearance area; (b) clearance of native plants on land that is subject to a biodiversity agreement; (c) taking a native plant of a relevant kind from public land; (d) taking a native plant of a prescribed species; (e) dealing with a native plant of a prescribed species; (f) an act or activity prescribed by the regulations for the purposes of this subsection that relates to native plants; (g) attempting, assisting in, or taking part in the process of an act or activity referred to in a preceding paragraph. (2) Despite subsection (1), for the purposes of this Part, the acts and activities specified in Schedule 2 as amended from time to time by regulation are not regulated acts or activities if carried out or undertaken in accordance with any requirements, and subject to any restrictions, set out in that Schedule. However, see also Part 6 Division 5 in relation to requirements in respect of critical habitat features of critical habitat (which may comprise or constitute native plants). 43—Clearing and taking of plants by Aboriginal persons (1) This section does not apply to the clearance or taking of— (a) a plant of a prescribed species; or (b) a plant by a prescribed means or in prescribed circumstances. (2) Nothing in this Part prevents an Aboriginal person from clearing or taking a native plant for the purposes of using the plant for a non‑commercial cultural or spiritual practice (which may include using the plant as food in the course of that practice). In clearing or taking a plant in accordance with this section, an Aboriginal person is subject to laws of general application. 44—Declaration to clear and take certain native plants (1) The Minister may, by notice in the Gazette, declare that native plants of a specified species that are not indigenous to the State may be cleared or taken, or both cleared and taken. (2) A notice under this section— (a) must not relate to plants of a threatened species; and (b) does not apply in relation to plants that comprise a threatened ecological community or comprise or constitute a critical habitat feature of critical habitat; and (c) may only be made if the Minister is satisfied that the clearing or taking of the species at levels that could reasonably be expected as a result of the declaration would not reasonably cause the species to be considered for assessment as a threatened species in accordance with Part 6. (3) A notice under this section— (a) must state— (i) the period (if any) during which the plants may be cleared or taken; and (ii) the parts of the State to which the declaration applies or that the declaration applies to the whole State (as the case may be); and (b) may prescribe restrictions or conditions applicable to the declaration. (4) The Minister must publish a statement of reasons for a declaration under this section on the Biodiversity Register within 30 days after the notice making the declaration is published in the Gazette. (5) It is lawful to clear or take a native plant in accordance with a notice under this section. Division 2—Offences 45—Offence to carry out or undertake regulated act or activity without authorisation Subject to this Act, a person must not carry out or undertake a regulated act or activity unless the person is taken to hold an authorisation under section 48 authorising the person to carry out or undertake the regulated act or activity. (a) in the case of a body corporate—a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $1 000 000, whichever is greater; (b) in the case of an individual— (i) a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $500 000, whichever is greater; or (ii) imprisonment for 5 years. 46—Contravention of condition of consent A person must not contravene a condition attached to a consent given under Division 3 that is held by the person. (a) in the case of a body corporate—a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $1 000 000, whichever is greater; (b) in the case of an individual— (i) a sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $500 000, whichever is greater; or (ii) imprisonment for 5 years. Expiation fee: $1 500. 47—Illegal possession of native plants A person must not have in their possession or control a native plant that has been illegally taken or acquired. (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000 or imprisonment for 5 years. Division 3—Authorisation 48—Authorisation to carry out or undertake regulated act or activity (1) For the purposes of this Part, a person is taken to hold an authorisation to carry out or undertake a regulated act or activity if— (a) in the case of clearance of native plants— (i) subject to section 56, the person has been given consent by the CAC in accordance with this Division to carry out or undertake the clearance; or (ii) the clearance is carried out or undertaken in prescribed circumstances; or (b) in the case of taking or dealing with native plants—the person has been granted a permit by the Minister under Part 9 to carry out or undertake the act or activity; or (c) in the case of an act or activity prescribed by the regulations for the purposes of section 42(1)—the person has been given any authorisation required by the regulations to carry out or undertake the act or activity. (2) If a person who is (apart from this subsection) taken to hold an authorisation to carry out or undertake a regulated act or activity in accordance with this section fails to carry out or undertake the regulated act or activity in accordance with the consent, permit or authorisation required by the regulations (as the case requires), the person is taken not to hold the authorisation. 49—Application for consent (1) An application for consent to clear native plants may be made by any person. (2) An application for consent to clear native plants must be made in a manner and form approved by the CAC and must be accompanied by— (a) a report relating to the proposed clearance— (i) prepared by a person; and (ii) in a form, approved by the CAC; and (b) information about how the applicant has applied the mitigation hierarchy in accordance with Council guidelines made for that purpose; and (c) such information as may be required by the CAC that establishes that— (i) a significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or (ii) it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy; and (d) such other information as the CAC reasonably requires; and (e) the prescribed fee. (3) The CAC may, following receipt of an application under this section, request the applicant to provide such additional documents or information as the CAC may reasonably require to assess the application. (4) Without limiting the content of the report referred to in subsection (2)(a), that report must establish the category of the clearance in accordance with Council guidelines about categorising levels of clearance. (5) The CAC must cause a copy of the report referred to in subsection (2)(a), and a copy of any assessment report prepared by the Department in response to the making of an application under this section, to be published on the Biodiversity Register. (6) If an applicant provides information referred to in subsection (2)(c)(ii), the applicant must propose that they make a payment into the Biodiversity Restoration Fund in lieu of achieving a significant environmental benefit in relation to the proposed clearance. (7) A person may, at any time, make an application for clearance in relation to native plants, or land on which native plants are growing or situated, in respect of which an application for clearance has previously been made. 50—Matters CAC must have regard to when determining application (1) Subject to this Division, in deciding whether to consent to an application to clear native plants, the CAC must— (a) be satisfied that the mitigation hierarchy has been applied in respect of the proposed clearance in accordance with Council guidelines made for that purpose; and (b) have regard to the principles of preservation of native plants in so far as they are relevant to that decision; and (c) consider the potential cumulative impact, both direct and indirect, that is reasonably likely to result from the proposed clearance in accordance with Council guidelines made for that purpose. (2) When determining an application to clear native plants that are growing or situated on land that forms part of a property that is used for the business of primary production, the CAC must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to operate the business as efficiently as possible. (3) When determining an application to clear native plants, the CAC must have regard to the principle that such plants should not be cleared if, in the opinion of the CAC— (a) the land on which the plants are growing or situated will be used for a particular purpose after the clearance; and (b) the regional landscape board for the landscape management region where the land is situated has, as part of its regional landscape plan under the Landscape South Australia Act 2019, assessed— (i) the capability and preferred uses of the land; and (ii) the condition of the land; and (c) according to that assessment the use of the land for that purpose cannot be sustained. 51—Circumstances in which consent may be given etc (1) Subject to subsection (2), the CAC cannot give its consent to the clearance of native plants under this Division if the plants contain, or are constituted of, a stratum of native plants that is substantially intact. (2) The CAC may, despite subsection (1), but subject to the other requirements of this Division, give its consent in accordance with this section to the clearance of native plants in specified circumstances. (3) Subject to subsection (4), if the applicant proposes that they make a payment into the Biodiversity Restoration Fund as contemplated by section 49(6), the CAC cannot give its consent to the clearance of native plants unless the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy. (4) Subsection (3) does not apply to a clearance that is determined to be a small scale clearance in accordance with Council guidelines about categorising levels of clearance. (5) Subject to subsection (7), in deciding whether to consent to an application to clear native plants, the CAC must not make a decision that is seriously at variance with the principles of preservation of native plants. (6) For the purposes of subsection (5), whether a decision is seriously at variance with the principles of preservation of native plants is to be determined in accordance with Council guidelines made for that purpose. (7) The CAC may give its consent to the clearance of native plants in contravention of subsection (5) if the particular circumstances justify the giving of consent and— (a) the CAC is satisfied that a significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or (b) if the clearance is in specified circumstances and the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy—the CAC attaches to the consent conditions in accordance with section 53(1)(b). (8) The CAC may give its consent to clearance of native plants under this section only if— (a) the CAC is satisfied that a significant environmental benefit has been, or will be, achieved in accordance with the requirements of the SEB policy; or (b) if the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy—the CAC attaches to the consent a condition in accordance with section 53(1)(b). (9) If the clearance that is the subject of the application under this Division relates to a native plant that is a critical habitat feature of critical habitat and is, in the opinion of the CAC, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the CAC must not give consent unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and— (a) that the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the CAC is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or (b) that the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the CAC is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be). (10) For the purposes of subsection (9), the CAC may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by the clearance. (11) For the purposes of this section, the following are specified circumstances: (a) clearance of native plants incidental to work being undertaken by or on behalf of the Commissioner of Highways; (b) subject to subsection (12), clearance of native plants required in order to erect a prescribed building or other facility that is ancillary to a prescribed building, provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained; (c) clearance of native plants required in connection with the provision of infrastructure (including, to avoid doubt, renewable energy infrastructure within the meaning of the Hydrogen and Renewable Energy Act 2023), provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained; (d) clearance of native plants required in connection with the division of land for use for residential purposes (including clearance for the construction of infrastructure), provided that any development authorisation required by or under the Planning, Development and Infrastructure Act 2016 has been obtained; (e) clearance of native plants for the purposes of establishing or maintaining a track for recreational activity involving pedestrians, bicycles or horses; (f) clearance of native plants for the purposes of establishing or widening a track that is more than 5 m in width and reasonably required to provide access for commercial purposes by vehicles having at least 4 wheels, other than clearance on a road reserve, rail corridor or rail reserve; (g) clearance of native plants incidental to the lawful construction or expansion of a dam situated on pastoral land. (12) Subsection (11)(b) does not apply to clearance of native plants undertaken in connection with subdivision of the land on which the plants are growing or situated. 52—Consultation and representations (1) The CAC must, before giving its consent under this Division— (a) consult the regional landscape board for the landscape management region in which the native plants are situated and have regard to the board's recommendations (if any) in relation to the application; and (b) in the case of an application relating to clearance of native plants on pastoral land, consult the Pastoral Board and have regard to the Board's recommendations (if any) in relation to the application; and (c) in the case of an application relating to clearance of native plants within a River Murray Protection Area, consult the Minister responsible for the administration of the River Murray Act 2003 and comply with that Minister's directions (if any) in relation to the application; and (d) in the case of an application relating to clearance of native plants within the Adelaide Dolphin Sanctuary that is within a class of applications prescribed by the regulations for the purposes of this paragraph, consult the Minister responsible for the administration of the Adelaide Dolphin Sanctuary Act 2005 and— (i) in the case of an application relating to native plants that are mangroves—comply with that Minister's directions (if any) in relation to the application; or (ii) in any other case—have regard to the views of that Minister in relation to the application. (2) The CAC must allow any person who desires to do so to make representations in writing to the CAC in relation to an application to clear native plants within the period of 28 days from the day on which the application is received by the CAC. (3) The CAC may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the CAC should or should not consent to an application to clear native plants. 53—Conditions of consent (1) A consent under this Division to the clearance of native plants is subject to such conditions as the CAC thinks fit to impose or as may be imposed by or under this or another provision of this Act and— (a) if the CAC determines a significant environmental benefit is to be achieved in accordance with the requirements of the SEB policy— (i) such conditions as the CAC thinks fit to ensure that a significant environmental benefit will be achieved in accordance with the requirements of the SEB policy; and (ii) a condition that any measures taken, actions undertaken or requirements complied with to achieve the significant environmental benefit are taken, undertaken or complied with in accordance with a biodiversity management plan; and (iii) if the land on, or in relation to, which a significant environmental benefit will be achieved is not subject to a biodiversity agreement on such terms as the CAC thinks fit—a condition requiring that such an agreement be entered into before the clearance is undertaken; or (b) if the CAC is satisfied that it is not reasonable or practicable for the applicant to achieve a significant environmental benefit in accordance with the requirements of the SEB policy— (i) if the CAC considers it is appropriate in the circumstances—such conditions as the CAC thinks fit to ensure an environmental benefit will be achieved; and (ii) a condition requiring the applicant to make a payment into the Biodiversity Restoration Fund of an amount considered by the CAC to be sufficient to achieve the significant environmental benefit that would otherwise be required by the SEB policy, after taking into account any environmental benefit that would be achieved by compliance with a condition referred to in subparagraph (i). (2) Without limiting subsection (1), consent may be subject to 1 or more of the following conditions: (a) a condition that the clearance be undertaken by the owner of the land on which the clearance is to be undertaken or a person authorised by the owner of the land to undertake the clearance; (b) a condition requiring the applicant to— (i) establish a specified number of plants of a specified species on specified land, or cause such plants to be established; and (ii) nurture, protect and maintain the plants, or cause the plants to be nurtured, protected and maintained, until they are fully established or for such period as the CAC specifies; (c) a condition requiring the applicant to protect native plants growing or situated on specified land, or to cause such plants to be protected; (d) a condition restricting the purposes for which land referred to in a condition under paragraph (b)(i) or (c) can be used; (e) a condition requiring the applicant to destroy plants of a specified species growing on specified land, or to cause such plants to be destroyed; (f) a condition requiring the applicant to pay into the Biodiversity Administration Fund an amount determined by the CAC to support the administration, monitoring and enforcement of measures, actions or requirements that relate to the satisfaction of a requirement to achieve a significant environmental benefit in relation to the clearance of native plants. (3) If the applicant has, in accordance with section 51(9)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the clearance, the CAC must attach a condition to the consent requiring that the proposed act or activity be achieved. (4) Conditions imposed on consent to clear native plants are binding on, and enforceable against— (a) the holder of the consent; and (b) the owner, and any subsequent owner, of the land to be cleared and any other land to which a condition relates; and (c) an occupier of the land to be cleared and any other person who acquires the benefit of the consent. (5) The CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land (including conditions under subsection (2)(d)) in accordance with section 170. 54—Assignment of consent (1) The CAC may, on application, assign a consent to undertake clearance under this Division to another person. (2) An application for the assignment of a consent under this section must be made in a manner and form approved by the CAC. (3) A consent assigned under subsection (1) is subject to the same conditions to which it was subject immediately before it was assigned. (4) If the CAC assigns a consent under subsection (1), the person to whom it is assigned becomes the holder of the consent. 55—Other matters relating to consents (1) Consent to undertake clearance under this Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix at the time of giving consent or subsequently on application by a person who has the benefit of the consent. (2) If, following the giving of a consent to undertake clearance under this Division, the CAC becomes aware that information in, or provided in support of, the application for consent was incorrect or incomplete, the CAC may, by notice in writing to the holder of the consent— (a) vary the consent (including by varying or removing conditions of the consent or by imposing additional conditions) to reflect the consent that would have been given had the CAC been aware of the correct or complete information at the time the application was determined; or (b) revoke the consent if the application would have been refused had the CAC been aware of the correct or complete information at the time the application was determined. (3) The CAC must observe the rules of natural justice when considering and determining an application for consent under this Division. (4) The CAC must provide the applicant with a written statement of the reasons for its decision under this Division. (5) The CAC must cause its decisions and statements of reasons under this Division to be published on the Biodiversity Register. 56—Consent of Minister required if biodiversity agreement applies (1) Subject to subsection (2), native plants that are growing or situated on land that is subject to a biodiversity agreement cannot be cleared unless the Minister has also given consent to the clearance (whether conditional or unconditional). (2) Subsection (1) does not apply if the biodiversity agreement allows the clearance to be undertaken. (3) If the Minister attaches conditions to their consent under subsection (1), the CAC's consent to the clearance will be taken to be subject to the same conditions, in addition to any other conditions imposed by the CAC. 57—Application of Division if referral under Planning, Development and Infrastructure Act (1) Sections 50 and section 51(5) to (10) (inclusive) also apply to circumstances where the CAC is considering a development application referred to it under the Planning, Development and Infrastructure Act 2016 as if the CAC were considering an application for consent under this Act, subject to such modifications, additions or exclusions as the CAC considers may be necessary for the purpose. (2) Subsection (1) does not limit the matters that the CAC may take into account in considering such an application. 58—Avoidance of duplication of procedures etc (1) The purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where the clearance of native plants requires consent under this Act and approval under the Commonwealth Act. (2) Despite any other provision of this Act, the CAC may— (a) accept a Commonwealth Act document as an application for consent under section 49 if (subject to subsection (5)) it complies with the requirements of this Act; and (b) accept the whole or part of a plan, report, statement, assessment or other document used, or to be used, for the purposes of the Commonwealth Act as a biodiversity management plan required to be provided in relation to an application for consent to clear native plants if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act. (3) To avoid doubt, where a controlled action under the Commonwealth Act comprises or includes the clearance of native plants, the CAC may, when considering an application for consent to clear the native plants, use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give their approval to the controlled action under that Act. (4) If a controlled action under the Commonwealth Act comprises or includes the clearance of native plants, the CAC— (a) must, if the Commonwealth Minister has given their approval to the controlled action, consider whether the conditions (if any) to be imposed on the consent should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act; and (b) may impose a condition on the consent that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act. (5) A document accepted under subsection (2)— (a) may be in a form that does not comply with the requirements of this Act; and (b) may include information or other material that is irrelevant for the purposes of this Act. (6) Once a document is accepted under subsection (2) the document will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act. (7) In this section— assessment report means— (a) an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or (b) a report under section 121 of the Commonwealth Act; Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; Commonwealth Act document means any document required under the Commonwealth Act for the purposes of approval under that Act.

Div 4

Environmental benefit credits

Division 4—Environmental benefit credits 59—Environmental benefit credits (1) If a person (including, to avoid doubt, an accredited third party provider)— (a) has achieved, or proposes to achieve, an environmental benefit (not being a significant environmental benefit required in relation to a consent to clear native plants or in accordance with any other requirement under this Act); or (b) has achieved, or proposes to achieve, in accordance with a consent to clear native plants, an environmental benefit that exceeds the value of the minimum significant environmental benefit needed to offset the loss of the cleared plants, the person may apply to the CAC to be credited with having achieved an environmental benefit (an environmental benefit credit). (2) Following receipt of an application under this section, the CAC may— (a) if the environmental benefit is proposed to be achieved— (i) cause the proposal to achieve the environmental benefit to be published on the Biodiversity Register as an indication that an environmental benefit credit may in future be granted in respect of the proposal; or (ii) grant the person an environmental benefit credit of a value determined by the CAC in accordance with the biodiversity policy relating to environmental benefit credits; or (b) if the environmental benefit has been achieved—grant the person an environmental benefit credit of a value determined by the CAC in accordance with the biodiversity policy relating to environmental benefit credits. (3) The CAC must not grant an environmental benefit credit under this section unless the CAC is satisfied that the land that is the subject of the credit is, or will be within the period specified by the CAC, subject to a biodiversity agreement and biodiversity management plan. (4) The CAC may grant an environmental benefit credit to a person under this section subject to such conditions as it thinks fit. (5) The CAC may, by notice in writing, vary or revoke a condition of the grant of an environmental benefit credit. 60—Use of environmental benefit credit (1) Subject to this section, a person granted an environmental benefit credit under section 59 may apply to the CAC to— (a) assign the whole or part of the credit to another person; or (b) apply the whole or part of the credit against a requirement under this Act, either of the person holding the credit or another person, to achieve a significant environmental benefit. (2) A person assigned a credit under subsection (1)(a) or this subsection may apply to the CAC to— (a) assign the whole or part of the credit to another person; or (b) apply the whole or part of the credit against a requirement under this Act, either of the person holding the credit or another person, to achieve a significant environmental benefit. (3) Following receipt of an application under this section, the CAC may approve the assignment or application of a credit. (4) In considering an application under this section, the CAC may reassess the value of the credit at the time of application and adjust the value of the credit accordingly before applying it to the purpose for which the application was made. (5) Before granting approval in respect of an application under subsection (1)(b) or (2)(b), the CAC must have regard to the SEB policy. (6) The CAC may grant an approval under this section subject to such conditions as it thinks fit including (without limitation)— (a) a condition requiring the execution of an agreement varying a biodiversity agreement or biodiversity management plan that relates to the land that was originally the subject of the environmental benefit credit; or (b) a condition requiring the payment of an amount, determined by the CAC to be necessary to satisfactorily complete any acts or actions required by the biodiversity management plan referred to in section 59(3) that remain outstanding at the time of the approval, into a trust established for that purpose. (7) The CAC may, by notice in writing, vary or revoke a condition of an approval under this section. (8) If an approval is granted to apply a credit under subsection (1)(b) or (2)(b), the CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land in accordance with section 170. 61—Other matters relating to environmental benefit credits (1) An application under this Division— (a) must be made in a manner and form approved by the CAC; and (b) must be accompanied by such information as the CAC may reasonably require; and (c) must be accompanied by any prescribed fee. (2) For the purposes of this Division, a trust may be established in accordance with section 27 for the purposes of receiving money required by section 60(6)(b) and its disbursement in the prescribed manner. (3) The CAC must account for the grant of an environmental benefit credit and any subsequent assignment or application against a requirement to achieve a significant environmental benefit in accordance with the regulations. (4) The Council may accredit, in accordance with the regulations, a person to achieve environmental benefits (to be known as an accredited third party provider).

Div 5

Review etc of clearance refusal or revocation

Division 5—Review etc of clearance refusal or revocation 62—Review by Council of clearance refusal or revocation (1) A person who has made an application for consent to clear native plants under Part 4 Division 3 may apply to the Council for review of a decision of the CAC to refuse to give its consent to the clearance. (2) A person whose consent to clear native plants given under Part 4 Division 3 has been revoked may apply to the Council for review of the decision of the CAC to revoke the consent. (3) For the avoidance of doubt, the following decisions are not reviewable under this section: (a) a decision of the CAC to give consent to clear native plants to an extent that is lesser than that requested by the person in their application for consent; (b) a decision of the CAC as to any conditions or other requirements relating to a consent; (c) a decision of the CAC pursuant to a direction of the Council under subsection (7). (4) An application under this section— (a) must be made in a manner and form approved by the Council; and (b) must be accompanied by the prescribed fee; and (c) must be made within 2 months after the making of the decision. (5) If the reasons of the CAC are not given to the applicant for the review in writing at the time of making the decision and— (a) that person (within 2 months of the making of the decision) requires the CAC to state the reasons in writing; or (b) the CAC otherwise provides that person with a written statement of the reasons for its decision after making the decision, the time for making an application to the Council runs from the time at which that person receives the written statement of those reasons. (6) The Council may, in conducting a review under this section, examine and review the decision of the CAC on the information that was available to the CAC at the time it made its decision but the Council may, as it thinks fit, allow further information to be provided to it. (7) The Council may, on a review under this section— (a) confirm the decision that is being reviewed; or (b) direct the CAC to vary or reverse the decision that is being reviewed. (8) The Council must, if required by the applicant for the review, state in writing the reasons for the decision. 63—Appeal to ERD Court against review by Council of clearance refusal or revocation (1) If, on a review under section 62, the Council confirms the decision that was being reviewed, the person who made the application under that section may appeal to the ERD Court against that decision of the Council. (2) An appeal to the ERD Court under this section must be made in a manner and form determined by the Court, setting out the grounds of the application, and must be made within 2 months after the applicant is notified of the decision by the Council unless the Court, in its discretion, allows an extension of time. (3) If the reasons of the Council are not given to the applicant for the review under section 62 in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Council to state the reasons in writing, the time for appealing to the ERD Court runs from the time at which that person receives the written statement of those reasons. (4) An appeal under this section must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993. (5) The ERD Court may, on hearing an appeal, do 1 or more of the following: (a) confirm, vary or revoke the decision appealed against; (b) order or direct a person or body to take such action as the Court thinks fit, or to refrain, either temporarily or permanently, from such action or activity as the Court thinks fit; (c) make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient. (6) The ERD Court should only seek to deal with and resolve those issues raised in the appeal and should not, unless the Court considers it to be necessary or appropriate to do so, consider any aspect of the decision that is not being challenged.

Part 5

Protected animals

Part 5—Protected animals 64—Regulated acts or activities (1) For the purposes of this Part, the following acts or activities are regulated acts or activities: (a) taking a protected animal or a protected egg; (b) interfering with a protected animal; (c) releasing a protected animal from captivity; (d) keeping a protected animal or a protected egg; (e) dealing with a protected animal or a protected egg; (f) farming a protected animal; (g) harvesting a protected animal; (h) dealing with an animal product of a protected animal that has been harvested; (i) destroying, damaging or disturbing a protected habitat; (j) an act or activity prescribed by the regulations for the purposes of this subsection that relates to a protected animal, protected animal product, protected egg or protected habitat; (k) attempting, assisting in, or taking part in the process of an act or activity referred to in a preceding paragraph. (2) Despite subsection (1), for the purposes of this Part, the acts or activities specified in Schedule 4 as amended from time to time by regulation are not regulated acts or activities if carried out or undertaken in accordance with any requirements, and subject to any restrictions, set out in that Schedule. 65—Offence to carry out or undertake regulated act or activity without permit Subject to this Act, a person must not carry out or undertake a regulated act or activity unless the person holds a permit granted by the Minister under Part 9 authorising the person to carry out or undertake the act or activity. 66—Taking of animals and eggs by Aboriginal persons (a) an animal, or an egg of an animal, of a prescribed species; or (b) an animal or egg by a prescribed means or in prescribed circumstances. (2) Nothing in this Part prevents an Aboriginal person from taking a protected animal or protected egg for the purposes of using the animal or egg for a non‑commercial cultural or spiritual practice (which may include using the animal or egg as food in the course of that practice). In taking an animal or egg in accordance with this section, an Aboriginal person is subject to laws of general application. 67—Illegal possession of protected animals etc A person must not have in their possession or control a protected animal, protected animal product or egg of a protected animal that has been illegally taken or acquired. 68—Management plan in relation to harvesting relevant protected animals (1) The Minister must prepare a draft management plan in relation to the harvesting of each relevant protected animal. (2) The draft plan must— (a) assess the likely impact of taking animals of that species— (i) on the species concerned; and (ii) on the ecosystems which animals of that species form part; and (iii) on the diversity of the species of animals and plants comprising those ecosystems; and (iv) on the ability of the species to maintain natural genetic diversity throughout its population; and (b) identify factors that are likely to reduce or increase the number of animals of the species to be harvested; and (c) identify any other factors that will affect the species as a renewable resource for the future; and (d) assess whether there is a need to reduce the number of animals of the species to protect the environment, crops, stock or other property; and (e) specify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals in accordance with a permit under this Act; and (f) address any other matters that should, in the opinion of the Minister, be addressed. (3) The Minister must, by notice published on a website determined by the Minister— (a) state the website at which the draft plan is available; and (b) invite interested persons to provide the Minister with written comments in relation to the draft plan. (4) A draft plan must be made available on a website specified in the notice under subsection (3) for public comment for at least 30 days before adoption by the Minister. (5) Before adopting the draft plan, the Minister must have regard to any comments received in relation to the draft plan during the period referred to in subsection (4) and may, if the Minister thinks fit, vary the plan to take account of those comments. (6) The Minister must, by notice in the Gazette— (a) state that a management plan has been adopted under this section; and (b) state the website at which the plan is available. (7) A management plan may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section. relevant protected animal means an animal of the following species: (a) red kangaroo—Osphranter rufus; (b) western grey kangaroo—Macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—Osphranter robustus; (d) eastern grey kangaroo—Macropus giganteus; (e) tammar wallaby—Notamacropus eugenii; (f) western grey kangaroo—Macropus fuliginosus fuliginosus; (g) a species prescribed by regulation for the purposes of this definition. 69—Declaration to take certain protected animals (1) The Minister may, by notice in the Gazette, declare that 1 or both of the following may be taken: (a) protected animals of a specified species; (b) protected eggs of a specified species of protected animal. (2) A notice under this section— (a) must not relate to animals or eggs of a threatened species; and (b) may only be made if the Minister is satisfied that the taking of the species at levels that could reasonably be expected as a result of the declaration would not reasonably cause the species to be considered for assessment as a threatened species in accordance with Part 6; and (c) does not apply in relation to animals or eggs within— (i) a reserve, other than a game reserve; or (ii) a wilderness protection area or wilderness protection zone; or (iii) a sanctuary; or (iv) a game reserve unless the notice expressly provides that the declaration applies in relation to that reserve. (3) A notice under this section— (a) must state— (i) the period during which the animals or eggs may be taken (including, if the Minister thinks fit, the hours of the day during which animals or eggs may be taken); and (ii) the parts of the State to which the declaration applies; and (b) may specify that a permit granted by the Minister under section 153 is required to take the species; and (c) may prescribe restrictions or conditions applicable to the declaration. (4) The Minister must publish a statement of reasons for a declaration under this section on the Biodiversity Register within 30 days after the notice making the declaration is published in the Gazette. (5) It is lawful to take a protected animal or protected egg in accordance with a notice under this section.

Part 6

Threatened species, threatened ecological communities and listed ecological entities

Part 6—Threatened species, threatened ecological communities and listed ecological entities Division 1—Designated lists 70—Threatened species list The Minister must establish and maintain a threatened species list that— (a) contains the native species that are eligible to be included in the list; and (b) includes the following categories: (i) nationally extinct; (ii) nationally extinct in the wild; (iii) nationally critically endangered; (iv) nationally endangered; (v) nationally vulnerable; (vi) nationally conservation dependent; (vii) SA extinct; (viii) SA extinct in the wild; (ix) SA critically endangered; (x) SA endangered; (xi) SA vulnerable; (xii) SA rare; (xiii) any other category prescribed by the regulations. 71—Threatened ecological communities list The Minister must establish and maintain a threatened ecological communities list that— (a) contains the ecological communities eligible to be included in the list; and (b) includes the following categories: (i) nationally collapsed; (ii) nationally critically endangered; (iii) nationally endangered; (iv) nationally vulnerable; (v) SA collapsed; (vi) SA critically endangered; (vii) SA endangered; (viii) SA vulnerable; (ix) SA rare; (x) any other category prescribed by the regulations. 72—Ecological entities list The Minister may establish and maintain a list in respect of any ecological entity, other than a native species, ecological community or critical habitat, that— (a) contains the ecological entities eligible to be included in the list; and (b) includes any prescribed categories. Division 2—Eligibility 73—Eligibility criteria (1) The Governor may, by regulation made on the recommendation of the Minister, prescribe the criteria to be applied to determine the eligibility of a native species, ecological community or ecological entity to be included in a designated list and in a particular category of a designated list. (2) The Minister must, in recommending eligibility criteria to be prescribed for the purposes of subsection (1), be satisfied that the criteria— (a) only relate to matters of biodiversity conservation; and (b) take into account national and international best practice in relation to criteria and categories. (3) Before recommending eligibility criteria to be prescribed for the purposes of subsection (1), the Minister must consult with the Scientific Committee on the proposed criteria. Division 3—Processes 74—Establishing or revoking designated lists (1) A designated list will be established by the Minister in accordance with processes prescribed by the regulations. (2) An ecological entities list established and maintained under section 72 may be revoked by the Minister in circumstances prescribed by the regulations and in accordance with processes determined by the Minister or prescribed by the regulations. 75—Listing decision For the purposes of this Part, a listing decision in respect of a designated list is a decision to— (a) add a native species, ecological community or ecological entity to a designated list; or (b) remove a native species, ecological community or ecological entity from a designated list; or (c) move a native species, ecological community or ecological entity to a different category within a designated list; or (d) otherwise amend a designated list in relation to a native species, ecological community or ecological entity; or (e) not amend a designated list in a manner referred to in a preceding paragraph. 76—Listing process (1) Subject to section 77, a listing decision may only be made in accordance with the process set out in this section. (2) Any entity (including the Department or Scientific Committee) may, in a manner and form determined by the Minister, nominate a native species, ecological community or other ecological entity to the Minister for a listing assessment. (3) The Minister may reject a nomination under subsection (2) in the following circumstances: (a) the nomination was not made in a manner or form determined by the Minister or does not contain sufficient documentation or evidence; (b) the Minister considers that the nomination is vexatious, frivolous or not made in good faith; (c) the Minister considers that it is unlikely that the nomination will result in a listing decision referred to in section 75(a) to (d) (inclusive). (4) Before the Minister rejects a nomination, the Minister must seek the advice of the Scientific Committee. (5) The Minister must, unless the nomination is rejected, undertake a listing assessment against the eligibility criteria prescribed in accordance with section 73 within the prescribed period and make a preliminary listing decision. (6) The Minister's preliminary listing decision must take into account any advice provided by the Scientific Committee and must be made in accordance with any requirements prescribed by the regulations. (7) After a preliminary listing decision has been made, the Minister must— (a) notify the entity that made the nomination of the preliminary listing decision; and (b) publish a notice on a website determined by the Minister that invites submissions on the preliminary listing decision; and (c) if the listing decision relates to a fish or aquatic plant—notify the Minister responsible for the administration of the Fisheries Management Act 2007 of the preliminary listing decision; and (d) carry out any other consultation prescribed for the purposes of this paragraph. (8) After the Minister has complied with subsection (7), the Minister must refer the preliminary listing decision to the Scientific Committee for a final listing decision. (9) The Scientific Committee must, by notice in the Gazette, make a final listing decision in accordance with any requirements prescribed by the regulations and within the prescribed period. (10) Before the Scientific Committee makes a final listing decision, the Scientific Committee must consider any submissions received in relation to the preliminary listing decision, insofar as the submissions relate to biodiversity conservation. (11) The Scientific Committee must cause a statement of reasons for the final listing decision to be published on the Biodiversity Register. (12) The Minister must update the designated list in respect of which the final listing decision is made in accordance with that decision and publish the updated list on the Biodiversity Register. 77—Expedited listing process (1) The Minister and the Scientific Committee need not follow the process set out in section 76 in the following circumstances: (a) to incorporate or reflect a list, or a change to such a list, in another Australian jurisdiction relating to a native species or ecological community; (b) to make a minor amendment to a designated list; (c) to make a provisional listing under section 78. Australian jurisdiction means the Commonwealth or another State or a Territory of the Commonwealth; minor amendment means an amendment to reflect a change in nomenclature, minor taxonomic revisions or typographical errors, or an amendment in prescribed circumstances. 78—Provisional listing (1) The Scientific Committee may, by notice in the Gazette, make a provisional listing in the following circumstances: (a) if a native species or ecological community is discovered in the State and is considered by the Scientific Committee to be threatened; (b) if a new native species or new ecological community is described resulting from a taxonomic revision and is considered by the Scientific Committee to be threatened; (c) if a native species that was presumed to be extinct or extinct in the wild (whether nationally or in the State) has been located or reintroduced in the State and is considered by the Scientific Committee to be threatened; (d) if an ecological community that was presumed to be collapsed (whether nationally or in the State) has been located or reintroduced in the State and is considered by the Scientific Committee to be threatened; (e) if an event rapidly changes the extinction risk or potential extinction risk of a native species or ecological community; (f) in circumstances of a kind prescribed by the regulations. (2) Circumstances prescribed under subsection (1)(f) must relate to matters of biodiversity conservation. (3) A provisional listing expires— (a) on the making of a final listing decision in place of that provisional listing; or (b) 2 years after the provisional listing is made, whichever occurs sooner. (4) If a provisional listing has been made in respect of a native species or ecological community, that species or community (as the case may be) will be taken to be a threatened species or threatened ecological community (as the case requires) during the period that the provisional listing is in operation. (5) In this section— threatened means eligible, or likely to be eligible, to be the subject of a listing decision referred to in section 75(a) to (d) (inclusive). Division 4—Protection of threatened species, threatened ecological communities and listed ecological entities etc 79—Action plans (1) The Minister may prepare and publish on the Biodiversity Register an action plan in respect of a threatened species, threatened ecological community, listed ecological entity or critical habitat. (2) In preparing an action plan, the Minister must— (b) undertake such consultation on the proposed plan as the Minister considers appropriate; and (c) have regard to any submissions received during the consultation period. (3) If an action plan relates to a native species or ecological community that is a Culturally Significant Biodiversity Entity, the Minister must undertake such engagement with Aboriginal persons and groups as the Minister considers appropriate, having regard to any relevant policy or other document published under this Act, and must take into account any feedback provided by such persons and groups. (4) An action plan may refer to, apply or incorporate, wholly or partially and with or without modification, any document prepared or published by an entity referred to in the plan. (5) The regulations may prescribe matters relating to an action plan, including in relation to the form and content of, and procedures for developing, a plan. (6) The Minister must— (a) take reasonable steps to implement an action plan; and (b) report on the implementation and effectiveness of the plan in accordance with the requirements prescribed by the regulations for the purposes of this paragraph. 80—Declaration of key threatening process The Minister may, by notice in the Gazette, declare a threatening process to be a key threatening process if, in the Minister's opinion— (a) it adversely affects 1 or more threatened species, threatened ecological communities or listed ecological entities; or (b) it could cause 1 or more native species that are not threatened species to become eligible to be added to the threatened species list; or (c) it could cause 1 or more ecological communities that are not threatened ecological communities to become eligible to be added to the threatened ecological communities list. 81—Threat abatement plans (1) The Minister may prepare and publish on the Biodiversity Register a threat abatement plan in respect of a key threatening process. (2) In preparing a threat abatement plan, the Minister must— (b) undertake such consultation on the proposed plan as the Minister considers appropriate; and (c) have regard to any submissions received during the consultation period. (3) A threat abatement plan may refer to, apply or incorporate, wholly or partially and with or without modification, any document prepared or published by an entity referred to in the plan. (4) The regulations may prescribe matters relating to a threat abatement plan including in relation to the form and content of, and procedures for developing, a plan. (5) The Minister must— (a) take reasonable steps to implement a threat abatement plan; and (b) report on the implementation and effectiveness of the plan in accordance with the requirements prescribed by the regulations for the purposes of this paragraph. 82—Extinction inquiry (1) If the Scientific Committee considers that— (a) it is possible that a native species endemic to the State has, after the commencement of this section, become extinct in the State or extinct in the wild in the State; or (b) it is possible that an ecological community endemic to the State has, after the commencement of this section, collapsed in the State, the Scientific Committee must undertake an inquiry into the potential extinction of the native species or the potential collapse of the ecological community (as the case requires) in the State. (2) If the Scientific Committee considers that— (a) it is possible that a native species not endemic to the State has, after the commencement of this section, become extinct in the State or extinct in the wild in the State; or (b) it is possible that an ecological community not endemic to the State has, after the commencement of this section, collapsed in the State, the Scientific Committee may undertake an inquiry into the potential extinction of the native species or the potential collapse of the ecological community (as the case requires) in the State. (3) The regulations will prescribe requirements in relation to the conduct of an inquiry under this section. 83—Protection of threatened species of fish (1) If a species of fish is added to the threatened species list, the Minister must consult with the Minister responsible for the administration of the Fisheries Management Act 2007 to determine appropriate mechanisms for ongoing protection of the species aimed at ensuring sustainability of the species. (2) If, after consultation under subsection (1), the Minister determines that protections under the Fisheries Management Act 2007 are appropriate, the Minister may not prescribe the species of fish for the purposes of the definition of protected animal in section 3. Division 5—Protection of critical habitat 84—Declaration of critical habitat (1) The Minister may, by notice in the Gazette, declare habitat of a threatened species, threatened ecological community or listed ecological entity to be critical habitat if the habitat is eligible to be so declared in accordance with subsection (2). (2) A habitat is eligible to be critical habitat if, in the opinion of the Minister after consideration of the biodiversity policy referred to in section 175(4)(c), the habitat significantly contributes to the conservation of a threatened species, threatened ecological community or listed ecological entity such that its loss would increase the risk of extinction or collapse, or negatively impact on the recovery, of the threatened species, threatened ecological community or listed ecological entity (as the case may be). (3) A declaration under subsection (1) must identify the habitat by reference to— (a) the features that make it eligible to be critical habitat in accordance with subsection (2) (the critical habitat features); and (b) the area in which the habitat is located. (4) The Minister must make a critical habitat declaration decision, being a decision to— (a) make a declaration under subsection (1); or (b) repeal a declaration made under subsection (1); or (c) amend a declaration made under subsection (1); or (d) not make a decision of a kind referred to in a preceding paragraph, within 6 months following the making of a final listing decision of a kind referred to in section 75(a) to (d) (inclusive) or on the recommendation of the Scientific Committee, and may make such a decision at any other time. (5) The Minister must publish a statement of reasons for any critical habitat declaration decision on the Biodiversity Register within 30 days after the decision is made. (6) Before making a critical habitat declaration decision, the Minister must— (b) undertake public consultation, and such other engagement as the Minister considers appropriate, on the proposed declaration in the manner the Minister considers appropriate; and (c) where reasonably practicable, seek to consult with any owners of land affected by the proposed declaration and any other person with a legal or equitable interest in that land or with a prescribed right in relation to that land; and (d) if the proposed declaration relates to a native species or ecological community that is a Culturally Significant Biodiversity Entity—undertake such engagement with Aboriginal persons and groups as the Minister considers appropriate, having regard to any relevant policy or other document published under this Act, and take into account any feedback provided by such persons and groups; and (e) have regard to any submissions received during the consultation period. (7) The Minister may make a critical habitat declaration decision referred to in subsection (4)(b) or (c) if the Minister considers that the decision is appropriate on the basis of the eligibility requirements under subsection (2). 85—Minister may enter into agreement or arrange for action plan The Minister may take steps to engage with the owner of land on which critical habitat is located to do 1 or both of the following: (a) enter into a biodiversity agreement to protect the habitat; (b) arrange for the preparation of an action plan under section 79 in respect of the habitat. 86—Offence to destroy, damage or disturb critical habitat without authorisation (1) Subject to this Act, a person must not destroy, damage or disturb critical habitat features of critical habitat unless the person is taken to hold an authorisation under section 88 authorising the person to carry out or undertake the destruction, damage or disturbance (as the case requires). (b) in the case of an individual—$500 000 or imprisonment for 5 years. (2) For the purposes of an offence against subsection (1), the Minister may make a biodiversity policy in relation to each critical habitat that outlines what does or does not constitute destruction, damage or disturbance of critical habitat features of that habitat and whether a person has committed an offence against subsection (1) will be determined in accordance with the policy. 87—Destroying, damaging or disturbing critical habitat by Aboriginal persons (1) This section does not apply to the destruction, damage or disturbance of, or in respect of— (a) critical habitat, or critical habitat features of critical habitat, of a prescribed class; or (b) critical habitat features of critical habitat by a prescribed means or in prescribed circumstances. (2) Nothing in this Division prevents an Aboriginal person from destroying, damaging or disturbing critical habitat features of critical habitat for the purposes of using the critical habitat features for a non‑commercial cultural or spiritual practice (which may include using the features as food in the course of that practice). In destroying, damaging or disturbing critical habitat features of critical habitat in accordance with this section, an Aboriginal person is subject to laws of general application. 88—Authorisation to destroy, damage or disturb critical habitat features (1) For the purposes of section 86, a person is taken to hold an authorisation to destroy, damage or disturb critical habitat features of critical habitat if— (a) in the case of destruction, damage or disturbance that constitutes a regulated act or activity under Part 4 carried out or undertaken in respect of critical habitat features that comprise or constitute native plants— (i) in the case of a regulated act or activity under Part 4 constituting clearance of native plants— (A) subject to section 56, the person has been given written consent by the CAC in accordance with Part 4 Division 3 to clear the critical habitat features; or (B) the act or activity is carried out or undertaken in prescribed circumstances; or (ii) in the case of a regulated act or activity under Part 4 constituting taking native plants—the person has been granted a permit by the Minister under Part 9 to take the critical habitat features; or (b) in any other case—the person has been given consent by the CAC in accordance with this Division to destroy, damage or disturb the critical habitat features. (2) If a person who is (apart from this subsection) taken to hold an authorisation to destroy, damage or disturb critical habitat features of critical habitat in accordance with this section fails to destroy, damage or disturb the critical habitat features in accordance with the consent or permit (as the case requires), the person is taken not to hold the authorisation. 89—Application for consent (1) An application for consent under this Division may be made by any person. (2) An application for consent under this Division must be made in a manner and form approved by the CAC and must be accompanied by— (a) such information as the CAC reasonably requires; and (b) the prescribed fee. (3) The CAC may, following receipt of an application under this section, request the applicant to provide such additional documents or information as the CAC may reasonably require to assess the application. (4) A person may, at any time, make an application for destroying, damaging or disturbing critical habitat features of critical habitat, or land on which critical habitat is situated, in respect of which an application under this section has previously been made. 90—Circumstances in which consent may be given etc (1) If proposed destruction, damage or disturbance of critical habitat features of critical habitat that is the subject of an application under section 89 is, in the opinion of the CAC, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the CAC must not give consent unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and— (a) that the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the CAC is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or (b) that the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the CAC is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be). (2) For the purposes of subsection (1), the CAC may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by the destruction, damage or disturbance of critical habitat features. 91—Consultation and representations (1) The CAC must, before giving its consent under this Division, undertake such consultation as is required (if any) by a scheme set out in the regulations. (2) The CAC must allow any person who desires to do so to make representations in writing to the CAC in relation to the giving or refusal of consent to an application to destroy, damage or disturb critical habitat features of critical habitat within the period of 28 days from the day on which the application is received by the CAC. (3) The CAC may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the CAC should or should not consent to an application to destroy, damage or disturb critical habitat features of critical habitat. 92—Conditions of consent (1) A consent given under this Division is subject to such conditions (if any) as the CAC thinks fit to impose. (2) Without limiting subsection (1), consent may be subject to a condition that the destruction, damage or disturbance of the critical habitat features of the critical habitat be undertaken by the owner of the land on which the destruction, damage or disturbance is to be undertaken or a person authorised to undertake the destruction, damage or disturbance by the owner of the land. (3) If the applicant has, in accordance with section 90(1)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the destruction, damage or disturbance of the critical habitat features of the critical habitat, the CAC must attach a condition to the consent requiring that the proposed act or activity be achieved. (4) Conditions imposed on consent given under this Division are binding on, and enforceable against— (a) the holder of the consent; and (b) the owner, and any subsequent owner, of the land to be cleared and any other land to which a condition relates; and (c) an occupier of the land to be cleared and any other person who acquires the benefit of the consent. (5) The CAC must inform the Registrar‑General of all conditions imposed under this section that relate to land in accordance with section 170. 93—Contravention of condition of consent A person must not contravene a condition of a consent given under this Division that is held by the person. (b) in the case of an individual—$500 000 or imprisonment for 5 years. 94—Assignment of consent (1) The CAC may, on application, assign a consent under this Division to another person. (2) An application for the assignment of a consent under this section must be made in a manner and form approved by the CAC. (3) A consent assigned under subsection (1) is subject to the same conditions to which it was subject immediately before it was assigned. (4) If the CAC assigns a consent under subsection (1), the person to whom it is assigned becomes the holder of the consent. 95—Other matters relating to consents (1) Consent under this Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix at the time of giving consent or subsequently on application by a person who has the benefit of the consent. (2) If, following the giving of a consent under this Division, the CAC becomes aware that information in, or provided in support of, the application for consent was incorrect or incomplete, the CAC may, by notice in writing to the applicant— (a) vary the consent (including by varying or removing conditions of the consent or by imposing additional conditions) to reflect the consent that would have been given had the CAC been aware of the correct or complete information at the time the application was determined; or (b) revoke the consent if the application would have been refused had the CAC been aware of the correct or complete information at the time the application was determined. (3) The CAC must observe the rules of natural justice when considering and determining an application for consent under this Division. (4) The CAC must provide the applicant with a written statement of the reasons for its decision under this Division. (5) The CAC must cause its decisions and statements of reasons under this Division to be published on the Biodiversity Register.

Part 7

Conserved areas

Part 7—Conserved areas Division 1—Sanctuaries and other conservation areas 96—Establishment of sanctuaries (1) The Minister may, by notice in the Gazette, declare land to be a sanctuary if the Minister is of the opinion that the declaration is desirable to conserve protected animals or native plants and— (a) where the land is reserved for or dedicated to a public purpose—the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or (b) where the land is private land, or is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the owner and occupier of the land have consented to a declaration under this section. (2) The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made. (3) The Minister— (a) may repeal any declaration under this section; and (b) where private land, or land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989, constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary—must repeal the declaration under which that land is constituted as a sanctuary. (4) In this section— owner means— (a) in the case of private land that is held in fee simple—the holder of the estate in fee simple; or (b) in the case of land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the lessee under that lease. 97—Other conservation areas The regulations may establish, or set out processes for establishing, conservation areas on private land, with the consent of the owner of the land, and make provision in respect of the management of such areas. Division 2—Biodiversity agreements 98—Biodiversity agreements (1) The Minister may enter into a biodiversity agreement with the owner of land (including, to avoid doubt, where the Minister is the owner of the land) for the conservation, restoration or enhancement of biodiversity on the land. (2) A biodiversity agreement may contain such provisions as the Minister thinks fit including (without limiting the generality of this subsection) provisions to— (a) restrict the use of land to which it applies; and (b) require specified work or work of a specified kind to be carried out in accordance with specified standards on the land; and (c) restrict the nature of work that may be carried out on the land; and (d) provide for the management of the land, native plants on the land or any animals living on or visiting the land in accordance with a biodiversity management plan to be agreed from time to time between the Minister and the owner; and (e) provide for the period for or within which specified measures, actions or requirements are to be taken, undertaken or complied with; and (f) specify the term for which the agreement is to operate; and (g) in respect of an agreement deemed to operate in perpetuity— (i) provide for remission of rates or taxes in respect of the land; and (ii) provide for the Minister to pay to the owner of the land an amount in respect of the decrease in the value of the land resulting from the execution of the biodiversity agreement; and (h) provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the biodiversity agreement. (3) If a biodiversity agreement specifies the term for which the agreement is to operate, the term of the agreement must not be for a period of less than 20 years. (4) If a biodiversity agreement does not specify the term for which the agreement is to operate, it is deemed to operate in perpetuity. (5) Subject to subsections (6) and (7), the Minister may, by agreement with the owner of the land to which a biodiversity agreement applies— (a) vary the biodiversity agreement, including to vary the term of the agreement (but not so as to reduce the term of the agreement to a period of less than 20 years from the commencement of the agreement); or (b) terminate the biodiversity agreement. (6) If a biodiversity agreement is deemed to operate in perpetuity in accordance with subsection (4), the agreement cannot be varied to include a term for which the agreement is to operate. (7) If a biodiversity agreement (the original agreement) is entered into in relation to a requirement under this Act that an environmental benefit be achieved by a person, the original agreement must not be varied or terminated if that variation or termination would prevent the achievement of the required environmental benefit in full, unless the variation or termination is as a consequence of some other agreement or arrangement under this Act being entered into for the conservation, restoration or enhancement of biodiversity on the land to which the original agreement applied that, in the opinion of the Council, offers the same or more protection for biodiversity on the land than the original agreement. (8) A biodiversity agreement attaches to the land and is, during the term for which the agreement operates, binding on the current owner of the land whether or not that owner was the person with whom the agreement was made. (9) A biodiversity agreement is, during the term for which the agreement operates and to the extent specified in the agreement, binding on the occupier of the land. (10) The Minister must not enter into, vary or terminate a biodiversity agreement under this section without first consulting and obtaining the approval of the Council. (11) If— (a) the Minister enters into a biodiversity agreement; or (b) the Minister varies a biodiversity agreement (including varying the term of the agreement); or (c) the Minister terminates a biodiversity agreement; or (d) the term of a biodiversity agreement, if specified in the agreement, expires, the Minister must inform the Registrar‑General of the agreement, or the variation, termination or expiry, in accordance with section 170. (12) A provision of a biodiversity agreement providing for the remission of rates or taxes has effect despite any law to the contrary. (13) The amount that the Minister agrees to pay in respect of the decrease in the value of the land referred to in subsection (2) must not exceed the amount of the decrease determined by the Valuer‑General. (14) Any money required by the Minister to meet the Minister's obligations under a biodiversity agreement entered into under this section must be paid from the Biodiversity Restoration Fund. (15) If, in the opinion of the Minister, a person to whom money from the Biodiversity Restoration Fund has been paid under a biodiversity agreement has contravened a term of the agreement, the Minister may serve written notice on that person demanding repayment of the amount paid or such lesser amount as is specified in the notice. (16) An amount demanded by the Minister under subsection (15) is a debt due by the person from whom it is demanded to the Minister and on recovery must be paid by the Minister into the Biodiversity Restoration Fund. (17) A court that is considering a claim for payment of a debt referred to in subsection (16) may refuse to order payment of all or part of the amount if, in its opinion, the person to whom the money was paid did not contravene the terms of the agreement. Division 3—Financial and other assistance 99—Financial and other assistance (1) An application may be made to the Council for financial or other assistance for 1 or more of the following purposes: (a) undertaking ecological restoration on land, including, but not limited to, restoring or establishing native plants on the land; (b) managing land, native plants growing or situated on land or any animals living on or visiting land; (c) preserving or enhancing native plants growing or situated on land; (d) undertaking research in relation to the conservation, restoration, enhancement or management of native plants growing or situated on land or of animals living on or visiting land; (e) to purchase land for the purpose of conserving, protecting or enhancing native plants growing or situated on the land; (f) to purchase land for the purpose of undertaking ecological restoration on the land, including, but not limited to, restoring or establishing native plants on the land. (2) An application must be made in a manner and form approved by the Council and must— (a) set out the applicant's proposals for the application of the assistance requested by the applicant; and (b) include any other information required by the Council. (3) The applicant's proposals must be based on Council guidelines referred to in section 174(2)(g). (4) In granting an application for assistance under this section, the Council must be satisfied that the land that is the subject of the application for financial assistance is, or will be, subject to a biodiversity agreement. (5) The Council may attach to a grant of assistance under this section such conditions as it thinks fit. (6) Money payable by way of financial assistance under this section must be paid from the Biodiversity Restoration Fund. (7) If, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section— (a) contravenes a condition attached to the grant of the assistance; or (b) contravenes a term of a biodiversity agreement in respect of the relevant land; or (c) fails, within a reasonable time, to apply the amount granted for the purpose for which it was granted, the Council may serve written notice on that person demanding repayment of the amount granted or such lesser amount as is specified in the notice. (8) An amount demanded by the Council under subsection (7) is a debt due by the person from whom it is demanded to the Council and on recovery must be paid by the Council into the Biodiversity Restoration Fund. (9) A court that is considering a claim for payment of a debt referred to in subsection (8) may refuse to order payment of all or part of the amount claimed if, in its opinion, the person to whom the financial assistance was granted has applied it in accordance with the conditions on which it was granted or in accordance with what the person genuinely believed to be the conditions on which it was granted.

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Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Biodiversity Act 2025

South Australia Biodiversity Act 2025 An Act to provide for the conservation, restoration and enhancement of biodiversity in the State for the benefit of current and future generations, to make related amendments to various Acts, to repeal the Native Vegetation Act 1991 and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Interaction with other Acts 5 Act to bind Crown 6 Operation of Act Part 2—Objects, principles and general duty etc 7 Objects 8 Principles 9 Acting consistently with State Biodiversity Plan 10 Aboriginal knowledges 11 General duty Part 3—Administration Division 1—General 12 Delegation by Minister 13 Ministers not to administer Act Division 2—Statutory bodies Subdivision 1—Biodiversity Council 14 Establishment of Biodiversity Council 15 Composition of Council 16 Functions of Council Subdivision 2—Clearance Assessment Committee 17 Establishment of Clearance Assessment Committee 18 Composition of CAC etc 19 Functions of CAC Subdivision 3—Aboriginal Biodiversity Committee 20 Establishment of Aboriginal Biodiversity Committee 21 Composition of ABC etc 22 Functions of ABC Subdivision 4—Scientific Committee 23 Establishment of Scientific Committee 24 Composition of Scientific Committee etc 25 Functions of Scientific Committee Subdivision 5—Other committees, advisory bodies and trusts 26 Other committees and advisory bodies 27 Ability to establish trusts Subdivision 6—Conditions of membership, remuneration, procedures and other matters 28 Conditions of membership 29 Remuneration 30 Procedures 31 Application of Public Sector (Honesty and Accountability) Act 32 Staff 33 Annual reports 34 Delegation 35 Validity of acts of Council, committees, advisory bodies and trusts Division 3—Funds Subdivision 1—Biodiversity Restoration Fund 36 Biodiversity Restoration Fund 37 Accounts and audit Subdivision 2—Biodiversity Conservation Fund 38 Biodiversity Conservation Fund Subdivision 3—Biodiversity Administration Fund 39 Biodiversity Administration Fund Subdivision 4—General 40 Ability to establish other funds 41 Investment Part 4—Native plants Division 1—Preliminary 42 Regulated acts or activities 43 Clearing and taking of plants by Aboriginal persons 44 Declaration to clear and take certain native plants Division 2—Offences 45 Offence to carry out or undertake regulated act or activity without authorisation 46 Contravention of condition of consent 47 Illegal possession of native plants Division 3—Authorisation 48 Authorisation to carry out or undertake regulated act or activity 49 Application for consent 50 Matters CAC must have regard to when determining application 51 Circumstances in which consent may be given etc 52 Consultation and representations 53 Conditions of consent 54 Assignment of consent 55 Other matters relating to consents 56 Consent of Minister required if biodiversity agreement applies 57 Application of Division if referral under Planning, Development and Infrastructure Act 58 Avoidance of duplication of procedures etc Division 4—Environmental benefit credits 59 Environmental benefit credits 60 Use of environmental benefit credit 61 Other matters relating to environmental benefit credits Division 5—Review etc of clearance refusal or revocation 62 Review by Council of clearance refusal or revocation 63 Appeal to ERD Court against review by Council of clearance refusal or revocation Part 5—Protected animals 64 Regulated acts or activities 65 Offence to carry out or undertake regulated act or activity without permit 66 Taking of animals and eggs by Aboriginal persons 67 Illegal possession of protected animals etc 68 Management plan in relation to harvesting relevant protected animals 69 Declaration to take certain protected animals Part 6—Threatened species, threatened ecological communities and listed ecological entities Division 1—Designated lists 70 Threatened species list 71 Threatened ecological communities list 72 Ecological entities list Division 2—Eligibility 73 Eligibility criteria Division 3—Processes 74 Establishing or revoking designated lists 75 Listing decision 76 Listing process 77 Expedited listing process 78 Provisional listing Division 4—Protection of threatened species, threatened ecological communities and listed ecological entities etc 79 Action plans 80 Declaration of key threatening process 81 Threat abatement plans 82 Extinction inquiry 83 Protection of threatened species of fish Division 5—Protection of critical habitat 84 Declaration of critical habitat 85 Minister may enter into agreement or arrange for action plan 86 Offence to destroy, damage or disturb critical habitat without authorisation 87 Destroying, damaging or disturbing critical habitat by Aboriginal persons 88 Authorisation to destroy, damage or disturb critical habitat features 89 Application for consent 90 Circumstances in which consent may be given etc 91 Consultation and representations 92 Conditions of consent 93 Contravention of condition of consent 94 Assignment of consent 95 Other matters relating to consents Part 7—Conserved areas Division 1—Sanctuaries and other conservation areas 96 Establishment of sanctuaries 97 Other conservation areas Division 2—Biodiversity agreements 98 Biodiversity agreements Division 3—Financial and other assistance 99 Financial and other assistance Part 8—Enforcement Division 1—Authorised officers 100 Appointment of authorised officers 101 Identification of authorised officers 102 Powers of authorised officers 103 Issue of warrants 104 Provisions relating to seizure 105 Offence to hinder etc authorised officers 106 Self‑incrimination Division 2—Power to require or obtain information 107 Information discovery orders 108 Obtaining of information on non‑compliance with order 109 Appeal to ERD Court Division 3—Administrative remedies 110 Interpretation 111 Compliance orders 112 Reparation orders 113 Action on non‑compliance with compliance order or reparation order 114 Registration of orders by Registrar‑General 115 Enforceable voluntary undertakings Division 4—Enforcement proceedings Subdivision 1—Civil enforcement 116 Application to ERD Court for enforcement 117 Order where native plants have been cleared 118 No development orders 119 Interim order 120 Enforcement of ERD Court orders 121 Miscellaneous provisions 122 Commencement of proceedings 123 Initiating civil proceedings to require offender to make good clearance of plants 124 Recovery of civil penalty in respect of breach Subdivision 2—Criminal enforcement 125 Jurisdiction of ERD Court 126 Applications during or after criminal proceedings 127 Commencement of proceedings for offence 128 Offences by bodies corporate 129 Sentencing considerations Subdivision 3—Defences 130 Application of defences 131 Notice of defences 132 General defence 133 Acts authorised under legislation 134 Defences in relation to Part 5 135 Defence in relation to hunting Subdivision 4—Evidentiary provisions 136 Interpretation 137 General evidentiary matters 138 Documents and data 139 Possession Subdivision 5—General provisions 140 Classification of offences 141 Aggregation of offences 142 Culturally sensitive information 143 Interest 144 Sale of land for non‑payment 145 Constitution of ERD Court 146 Assessment of costs and expenses 147 Vicarious liability 148 Statement of officer evidence against body corporate 149 Recovery from related bodies corporate Subdivision 6—Appeals 150 Appeal to ERD Court against prescribed order 151 Appeals to Supreme Court Part 9—Permits 152 Prescribed matters 153 Permits—general matters 154 Permits—conditions 155 Permits—fees 156 Permits—provision of information 157 Permits—certain areas 158 Permits for commercial purposes relating to native plants 159 Permits to take native plant that is critical habitat feature 160 Permits to carry out or undertake regulated acts or activities under Part 5 161 Permits to hunt 162 Review by SACAT of certain permits 163 Contravention of condition etc of permit 164 Royalty 165 False representation Part 10—Miscellaneous 166 Offence to hunt without permit 167 Hunting by Aboriginal persons 168 Unlawful entry on land 169 Restriction on use of certain devices 170 Noting of conditions or agreements against title to land 171 Minister may sell or dispose of surrendered animal, animal product or egg 172 State biodiversity data 173 State Biodiversity Plan 174 Council guidelines 175 Biodiversity policies 176 Biodiversity management plans 177 Biodiversity Register 178 False and misleading information 179 Service of notices etc 180 Concurrence under Planning, Development and Infrastructure Act 181 Reports of public sector agencies 182 Waiver etc of fees 183 Regulations and fee notices 184 Review of Act Schedule 1—Regulated clearance area 1 Regulated clearance area Schedule 2—Native plants—regulated acts or activities exclusions Part 1—Preliminary 1 Interpretation 2 Operation of Schedule Part 2—Clearance or taking of native plants Division 1—Intentionally sown or planted native plants 3 Intentionally sown or planted native plants Division 2—Maintaining existing developments and infrastructure 4 Native plants within 3 m of prescribed building 5 Maintenance of infrastructure 6 Maintenance of dam 7 Clearance or taking under Electricity Act 1996 8 Roadside or rail corridor plant management Division 3—New developments and infrastructure 9 Impact assessed development 10 Infrastructure 11 Works on behalf of Commissioner of Highways Division 4—Tracks and fences 12 Pedestrian tracks on private land 13 Vehicle tracks 14 Fences Division 5—Mining and petroleum operations 15 Mining operations 16 Mineral exploration operations Division 6—Plant and animal control 17 Plant and animal control Division 7—Safety and fire prevention 18 Clearance or taking under Emergency Management Act 2004 19 Clearance or taking for purposes of Fire and Emergency Services Act 2005 20 Safety of persons and property 21 Fuel hazard reduction 22 Fuel hazard reduction with Chief Officer approval Division 8—Traditional cultural practices 23 Cultural burning Division 9—Miscellaneous 24 Land subject to biodiversity agreement 25 Fungi and algae 26 Firewood 27 Regrowth 28 Conservation, restoration and enhancement of biodiversity 29 Grazing practices 30 Maintenance of existing agriculture, forestry or farming 31 Licence under Aquaculture Act 32 Cultana Training Area 33 Maintenance pruning 34 Dead plants Part 3—Dealing with native plants 35 Commercial floriculture Part 4—Assisting in regulated act or activity 36 Assisting in regulated act or activity Schedule 3—Principles of preservation of native plants 1 Principles of preservation of native plants Schedule 4—Protected animals—regulated acts or activities exclusions 1 Protected animals—regulated acts or activities exclusions Schedule 5—Related amendments and repeals Part 1—Amendment of Adelaide Dolphin Sanctuary Act 2005 1 Amendment of section 3—Interpretation 2 Amendment of section 5—Related operational Acts Part 2—Amendment of Arkaroola Protection Act 2012 3 Amendment of section 5—Administration of Act Part 3—Amendment of Biosecurity Act 2025 4 Amendment of section 171—Consultation requirements 5 Amendment of section 182—Emergency order prevails 6 Amendment of section 195—Consultation requirements 7 Amendment of section 209—Interaction with other Acts 8 Amendment of section 245—Interaction with other Acts Part 4—Amendment of Coast Protection Act 1972 9 Amendment of section 14—General duties of Board Part 5—Amendment of Community Titles Act 1996 10 Amendment of section 3—Interpretation Part 6—Amendment of Criminal Assets Confiscation Act 2005 11 Amendment of section 3—Interpretation Part 7—Amendment of Criminal Investigation (Covert Operations) Act 2009 12 Amendment of section 3—Interpretation Part 8—Amendment of Crown Land Management Act 2009 13 Amendment of section 5—Principles of Crown land management 14 Amendment of section 55—Minister may make declaration in relation to land 15 Amendment of section 78—Liability of the Crown Part 9—Amendment of Dog and Cat Management Act 1995 16 Amendment of section 59D—Power to destroy dogs 17 Amendment of section 63—Power to destroy cats 18 Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Part 10—Amendment of Energy Resources Act 2000 19 Amendment of section 6A—Interaction with other legislation Part 11—Amendment of Environment Protection Act 1993 20 Amendment of section 112—State of environment reports Part 12—Amendment of Fire and Emergency Services Act 2005 21 Amendment of section 42—Powers 22 Amendment of section 71—State Bushfire Coordination Committee 23 Amendment of section 91—Duty to report unattended fires 24 Amendment of section 97—Powers Part 13—Amendment of Firearms Act 2015 25 Amendment of section 56—Power of police officer or warden to require production of licence etc Part 14—Amendment of Fisheries Management Act 2007 26 Amendment of section 3—Interpretation 27 Amendment of section 54—Application for licence, permit or registration 28 Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited 29 Amendment of section 115—Exemptions Part 15—Amendment of Harbors and Navigation Act 1993 30 Amendment of section 15—Property of Crown Part 16—Amendment of Hydrogen and Renewable Energy Act 2023 31 Amendment of section 4—Interpretation Part 17—Amendment of Landscape South Australia Act 2019 32 Amendment of section 3—Interpretation 33 Amendment of section 7—Objects and principles 34 Amendment of section 9—Functions of Minister 35 Amendment of section 25—Functions of boards (general) 36 Amendment of section 33—Landscapes affecting activities control policies 37 Amendment of section 44—State Landscape Strategy 38 Amendment of section 61—Associated Ministerial consents 39 Amendment of section 97—Interpretation 40 Amendment of section 106—Activities not requiring a permit 41 Amendment of section 185—Preliminary 42 Amendment of section 201—Protection of certain vegetation and habitats Part 18—Amendment of Land Tax Act 1936 43 Amendment of section 4—Imposition of land tax Part 19—Amendment of Livestock Act 1997 44 Amendment of section 42—Exercising powers in relation to native or feral animals Part 20—Amendment of Maralinga Tjarutja Land Rights Act 1984 45 Amendment of section 3—Interpretation 46 Amendment of section 15A—Interpretation 47 Amendment of section 15B—Establishment of co‑management board 48 Amendment of section 17—Rights of traditional owners with respect to lands Part 21—Amendment of Marine Parks Act 2007 49 Amendment of section 3—Interpretation 50 Amendment of section 32—Appointment of authorised officers Part 22—Amendment of Mining Act 1971 51 Amendment of section 10B—Interaction with other legislation Part 23—Amendment of National Parks and Wildlife Act 1972 52 Amendment of long title 53 Amendment of section 1—Short title 54 Amendment of section 5—Interpretation 55 Amendment of section 10—Research and investigation 56 Repeal of section 11 57 Amendment of section 11A—Director of National Parks and Wildlife 58 Amendment of section 12—Delegation 59 Amendment of section 13—Information to be included in annual report 60 Amendment of section 14—Minister not to administer this Act 61 Amendment of section 19C—Functions of Council 62 Insertion of Subdivision heading Subdivision 1—Wardens 63 Substitution of sections 21 to 26 21 Powers of wardens 22 Issue of warrants 23 Provisions relating to seizure 24 Offence to hinder etc wardens 25 Self‑incrimination 64 Insertion of Part 2 Division 3 Subdivision 2 Subdivision 2—Power to require or obtain information 26 Information discovery orders 26A Obtaining of information on non‑compliance with order 26B Appeal to ERD Court 65 Amendment of heading to Part 3 66 Amendment of section 37—Objectives of management 67 Amendment of section 38—Management plans 68 Amendment of section 42—Prohibited areas 69 Insertion of section 43BA 43BA Culling o