Biodiversity Act 2025
Part 5Adelete the Part and substitute:
Start here
Get a plain-English read of Part 5A
Turn the raw legal text into a practical explanation grounded in Biodiversity Act 2025.
Part 5A—delete the Part and substitute: Part 5A—Taking of plants and animals by Aboriginal persons 68D—Taking of plants and animals by Aboriginal persons (a) a plant of a species prescribed for the purposes of section 43(1)(a) of the Biodiversity Act 2025; or (b) a plant by a means or in circumstances prescribed for the purposes of section 43(1)(b) of the Biodiversity Act 2025; or (c) an animal, or an egg of an animal, of a species prescribed for the purposes of section 66(1)(a) of the Biodiversity Act 2025; or (d) an animal, or an egg of an animal, by a means or in circumstances prescribed for the purposes of section 66(1)(b) of the Biodiversity Act 2025. (2) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a native plant from a reserve (other than a co‑managed park) in accordance with this section if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the reserve. (3) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a reserve (other than a co‑managed park) in accordance with this section if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the reserve. (4) The Governor may, by proclamation, amend or repeal a proclamation referred to in subsection (2) or (3). (5) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in accordance with this section from a co‑managed park if the native plant, protected animal or eggs are taken— (a) if there is a co‑management board for the park—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or (b) in accordance with the provisions of the co‑management agreement for the park. (6) A plant, animal or egg is taken in accordance with this section if it is taken for the purposes of using the plant, animal or egg for a non‑commercial cultural or spiritual practice (which may include using the plant, animal or egg as food in the course of that practice). (7) Nothing in this section prevents a native title holder from taking a plant, animal or egg in the exercise of their native title rights and interests. native title holder has the same meaning as in the Native Title (South Australia) Act 1994. 74—Amendment of section 69—Permits Section 69(7)—delete subsection (7) 75—Repeal of sections 74 and 74A Sections 74 and 74A—delete the sections 76—Amendment of section 75—Evidentiary provisions (1) Section 75(2)—delete "or sanctuary" (2) Section 75(2)—delete "sanctuary," (3) Section 75(5) and (6)—delete subsections (5) and (6) 77—Amendment of section 75A—Defence Section 75A(a)—delete "Native Vegetation Act 1991" and substitute: 78—Amendment of section 80—Regulations (1) Section 80(2)(k)—delete "or sanctuary" (2) Section 80(2)(wa)—delete paragraph (wa) (3) Section 80(2a)—delete subsection (2a) 79—Repeal of Schedules 7 to 11 Schedules 7 to 11 (inclusive)—delete the Schedules