Part 2Objects, 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.