Biodiversity Conservation Regulations 2018

The regulations build on a small set of organising concepts. These concepts determine which activities require permission, how those permissions are structured, and the operational controls attached to them.

Key defined terms (r 3)

• Category A/B/C: pet categories used to determine whether a licence is needed and whether a standard or advanced licence applies (r 3; r 11). The CEO issues guidelines specifying species in each category (r 11(1)-(2)).
• Commercial licence: a defined list of licence classes for commercial activities (r 3; r 13 and r 54 list licence classes).
• Dangerous fauna: fauna posing a threat to public health or safety, stock/domesticated animals, or animals on display (r 3).
• Marine fauna: specified groups when not kept in captivity (whales, dolphins, dugongs, seals, sea turtles, whale sharks, manta rays) (r 3; r 109).
• Specifically controlled sandalwood: defined by size and roots; becomes the focus of Part 6 tracking rules (r 3; Part 6).

Licensing architecture (Part 4)

• Licence classes are prescribed separately for fauna (r 13) and flora (r 54). Each class authorises particular activities (taking, disturbing, possessing, processing, dealing, importing, exporting, relocating). The regulations spell out the terms or conditions that may be attached to each type of licence (rr 14-22 for fauna; rr 55-59 for flora).
• The CEO may combine licences, grant licences to individuals only for taking operations (r 12(1)-(2)), authorise other specified persons to act under an individual’s licence (r 12(3)), and designate licences as standard or advanced where required (r 33(2); r 36(2); r 39(2)).
• Conditions may require identifiers, genetic or health testing, personnel qualifications, site descriptions, storage and transport, release conditions, and coordination on CALM Act land (rr 14-22; r 99; r 100).

Identifiers and tracking

• Identifiers may be required on fauna and flora under commercial licences and fauna causing damage licences (r 100(1)-(2)); non‑compliant fauna or flora may be seized (r 100(6)) and processors must reject unlabelled consignments and notify the CEO (r 100(5)).
• Sandalwood tracking forms are mandatory when moving specifically controlled sandalwood except in narrowly specified circumstances; the regulations specify form content, completion, retaining copies, signature and transmission obligations, and heavy penalties for false or incomplete forms (rr 133-139; rr 134-137; r 136).

Marine fauna and separation distances (Part 5 Div 2)

• Defines separation distances for prescribed fauna (r 109-111; Schedule 5) and applies them to persons, vessels, aircraft and aerial devices, with enforcement provisions requiring moving away, switching off propulsion, speed limits in whale shark approach zones, and limits on how long vessels may remain in approach zones (rr 113-117; r 115(3) time limit; r 116 speed limit; r 111 whale shark table).

Prohibitions and authorised exceptions

• Prohibited devices and methods are prescribed (r 6-7; Schs 1-2) but may be used under licence or other written law (Sch 1(2), Sch 2(2)).
• Certain activities are authorised without licence: Category A pet activities (r 46); taking reptiles in immediate vicinity of buildings under narrow circumstances with prompt release (r 47); authorised feeding lists (r 51); possession of dead fauna and naturally discarded parts in limited contexts (rr 52-53); and exemptions for Aboriginal customary taking/disturbance of certain fauna/flora subject to exclusions and CEO permissions (Part 8 rr 143-150).

Fees, charges and accounts

• Fees for applications, renewals and licences are in Schedule 7 and may be waived or refunded by the CEO (r 156). Charges apply to fauna and flora taken for commercial purposes and are imposed on the taker with a prescribed payment window (r 157; Sch 8). Collected charges are credited to the Biodiversity Conservation Account (r 159).

Enforcement and penalties

• The regulations set out a wide range of offences with statutory penalties, and additionally prescribe modified penalties for infringement notices (r 165 and Sch 9). CEO and wildlife officers are empowered to inspect, seize, demand records, cancel or suspend licences (rr 76(5), 85(2), 87-88, 100(6)). Corporate officer liability is specified (r 153).

These core concepts structure who may do what with flora and fauna in Western Australia, how the Department controls those activities administratively, and what information flows and compliance actions are required.

The regulations create legal obligations and permissions for a range of identifiable groups and individuals. The principal affected parties and their primary exposures or entitlements are:

• Licence applicants and licence holders in the fauna and flora sectors. This includes individual takers (r 12(2) , licences authorising taking can only be granted to individuals), dealers, processors, breeders, pet keepers and pet dealers, and specialist classes such as bioprospectors (r 72). Licence applicants must apply on approved forms and provide required information (rr 73-74) and pay application and licence fees set out in Schedule 7 (r 156; Sch 7).

• Commercial operators in the wildlife supply chain. Persons who take fauna or flora for commercial purposes carry direct monetary obligations. The regulations impose charges on the person who takes specified fauna/flora (r 157(2); Sch 8) and require identifiers for commercial consignments (r 100). Processors and dealers must decline consignments lacking required identifiers and report (r 100(5)). Sandalwood supply chains face additional, strict tracking, storage and export controls (Part 6, rr 133-139; rr 96; Sch 3). Licence classes specifically target commercial functions (r 13; r 54).

• Pet keepers, dealers and the pet trade. The CEO classifies pet species into categories A-C (r 11). Category A activities are authorised without licence (r 46); Category B and C species require standard or advanced pet keeper/dealer licences (r 11(2); r 36; r 39). Licensing costs, conditions, transfer rules, and animal welfare requirements (rr 16, 85) alter costs and compliance burdens for hobbyists and businesses.

• Environmental consultants and survey practitioners. The fauna taking (biological assessment) licence and flora taking (biological assessment) licence authorise inventory and survey work for environmental consulting (rr 27, 62). The licensing conditions may set survey techniques, skill requirements and obligations to release fauna (rr 27(3)-(4); r 62(4)).

• Landowners, occupiers and authorised access providers. Persons seeking to carry out designated activities such as taking or disturbing on land must have written landowner/occupier authorisation to enter land not in their possession/control (r 151; r 101(2); r 105). Private land suppliers and Crown land suppliers have specific licence classes (rr 63-64) and supply obligations.

• Aboriginal people and groups. Part 8 prescribes explicit exclusions from s 182(2) and (3) of the Act for certain customary taking and disturbance by Aboriginal people, but the exclusions are limited by species exceptions and location/weapon constraints (rr 143-148). The CEO can issue written permissions and vary or revoke them (rr 149-150).

• Marine operators and tourism businesses. The separation distance rules (rr 109-117; Sch 5) and time/speed limits in whale shark approach zones create direct constraints on vessel and aircraft operations; commercial interaction licences (r 30) regulate commercial approaches and interactions.

• Wildlife officers and the Department (CEO). The CEO decides licensing, issues guidelines (r 10), may keep information confidential (r 9(4)), appoints authorised officers to issue infringement notices (r 166), and receives returns, identifiers and sandalwood tracking records (r 100; rr 136-138). The Department enforces by inspection, seizure and remediation mechanisms (rr 76(5), 100(6)-(7), Part 10).

• Corporations and their officers. The regulations prescribe that all offences in the regulations are prescribed for the purposes of corporate officer liability under s 237 of the Act (r 153(1)), except offences tied to licences that can only be granted to individuals (r 153(2)). This raises compliance risk for corporate entities and their officers.

Who pays and who decides

• Financial burdens fall on licence applicants and takers: application and licence fees (Sch 7), inspection fees if an inspection is required by the CEO (r 76(5) and Sch 7 Division 4), and commercial charges payable by the person who takes fauna or flora (r 157 and Sch 8). Sandalwood compliance carries particularly high recordkeeping and penalty risks (rr 136-139; penalties up to $25,000 appear for some sandalwood contraventions).
• Decision‑making power is concentrated in the CEO, who has broad discretion to set and publish guidelines, determine licence conditions, refuse or suspend licences, vary approvals and keep register material confidential (rr 10, 76, 82, 83, 87, 9(4)).

The regulations therefore impose both administrative costs (fees, inspections, record systems) and operational constraints (identifiers, tracking forms, separation distances, licence conditions) on a wide cross‑section of private and public actors in the flora and fauna economy.

The regulations create a matrix of duties (action or records required) and rights (to apply, to be reviewed, to obtain licences, to an identified set of exemptions).

Primary duties

• Application and information duties: an applicant must apply in the approved form and include all required information or statutory declarations, and may be required to give further information or consent the CEO to obtain information from third parties (rr 73-74). Renewal timing is prescriptive (r 75(2): at least 15 business days before expiry). Failure to provide required information can lead to refusal (r 74(3)).

• Licence compliance duties: licence holders are subject to specific terms and conditions the CEO may impose, including species, area, quantity, manner and timing conditions; personnel qualifications; identifiers; storage; transport; release; genetic/health testing; and public display obligations (rr 14-22 for fauna; rr 55-59 for flora). The CEO may add any other condition the CEO thinks fit (r 83).

• Records and returns: licences may include conditions requiring keeping information and records in a specified form, place and time period (r 85). Holders must produce records on request (r 85(2)). Licences may require returns to the CEO with specified content and timing (r 86). False or misleading statements in applications or returns attract criminal penalties (r 98; r 85(3); r 86(2)).

• Identifiers and labelling: commercial licences and fauna causing damage licences may require an identifier to be fixed to fauna or flora; possession, transport and dealing in specimens that require identifiers without identifiers is prohibited (r 100(1)-(3)). Processors must reject un‑identified consignments and record and report the rejection (r 100(5)).

• Sandalwood tracking and storage: whenever specifically controlled sandalwood is transported (subject to narrow exceptions) a sandalwood tracking form completed to specified content must accompany the movement (rr 134-135). The driver must sign the form and licence holders receiving sandalwood must sign and record receipt and provide copies to the CEO as required (rr 136-139). Storing specifically controlled sandalwood requires a licence unless authorised by the CEO (r 139(1)).

• Land access authorisation: a person authorised under a licence must not enter land not owned or controlled by them to carry out designated activities without written owner or occupier consent complying with the authorisation form rules (r 151; r 101(2)).

• Marine separation obligations: persons, vessels, aircraft and aerial devices must maintain minimum separation distances from prescribed fauna (rr 109-114; Sch 5). If fauna approaches too closely, persons or vessel operators must move away or take specified actions (r 114).

Rights and procedural protections

• Right to apply and have decisions reviewed: any person may apply for a licence or renewal (r 73(1)). A person affected by a reviewable decision (refusal to grant or renew, amendment, condition imposition, cancellation, suspension) may apply to the State Administrative Tribunal for review (r 89).

• CEO notice and representations: before the CEO cancels or suspends a licence, the CEO must give written notice and allow the licence holder specified time to make written representations (r 88). For amendment of licences the CEO must give the holder a reasonable opportunity to make submissions and take steps to comply (r 82(8)).

• Authorisations and permissions: Aboriginal customary exemptions operate in specified circumstances (Part 8), and the CEO may give written permission for certain activities providing conditions and duration (rr 149-150). The CEO may also authorise feeding, transfer of care, temporary care by specified persons and other authorisations provided for in licences (rr 43, 51, 42).

• Limited non‑licence activities: certain low‑risk activities are authorised without licence, for example Category A pet activities (r 46), taking of invertebrate fauna except in specified circumstances (r 49), authorised feeding in enumerated contexts (r 51) and limited taking of reptiles in immediate vicinity of buildings with release requirements (r 47).

• Remedies and rehabilitation orders: remediation and enforcement orders may be sought and enforced under specified provisions (Part 10 rr 154-155 refer to Criminal Procedure Regulations for process), and seizure of un‑identified fauna or flora can be rectified by obtaining identifiers from the CEO (r 100(7)).

Consequences of non‑compliance

• Contravention of licence conditions and other duties attracts a range of statutory fines set in the regulations (r 84; r 132; r 136; r 96) and, for many offences, the possibility of an infringement notice with a modified penalty under the Criminal Procedure Act (r 165; Schedule 9). Fines are differentiated by the nature of the licence (sandalwood, commercial, other) and the breach (r 84). Corporate liability and officer liability are specifically addressed (r 153).

These duties create administrative and operational compliance demands (forms, records, identifiers, training and facility standards), while the review rights and notice requirements provide regulated persons with procedural avenues to contest or adjust regulatory decisions.

The regulations provide a multi‑layered enforcement framework combining criminal penalties, civil‑style charges, infringement notices with modified penalties, seizure and inspection powers, and administrative powers to vary, suspend or cancel authorisations. The principal mechanisms are:

Criminal and statutory fines

• Specific fines are stated throughout the regulations and vary by contravention. Examples include:
  • Assisting in taking fauna or flora without authorisation: a fine of $5,000 (r 12(4)-(5) specify $5,000 penalties for assisting/allowing unauthorised assistance);
  • Contravention of condition of licence: graduated fines , sandalwood‑related licence $25,000; other commercial licences $15,000; other cases $10,000 (r 84);
  • Transporting fauna in a way that causes injury: penalty $20,000 (r 132(1));
  • False or misleading entries or failure to keep sandalwood tracking records: multiple provisions impose $25,000 penalties (r 136(1)-(5); r 138(2)-(4); r 139(1));
  • Exporting specifically controlled sandalwood without a flora exporting (sandalwood) licence: $25,000 (r 96(1)).
• The regulations attach many medium‑value fines for less severe breaches (e.g. $5,000 or $10,000) and specify lower modified penalties for infringement notices (Schedule 9).

Infringement notices and modified penalties

• The regulations prescribe offences for which infringement notices may be issued under the Criminal Procedure Act (r 165(1)). Schedule 9 lists those offences and sets the modified penalty amounts for individuals and bodies corporate, including doubling the penalty where there is a prior relevant conviction or payment within defined timeframes (r 165(2)-(3)). The Department is authorised to appoint authorised officers to issue infringement notices (r 166) and the prescribed infringement notice form is in Schedule 10.

Seizure and remedial measures

• Wildlife officers may seize and retain fauna or flora that lack required identifiers (r 100(6)). Identified goods may be returned when the identifier is supplied (r 100(7)).
• For transport or storage risks to welfare, wildlife officers have directions powers such as directing re‑caging, watering, feeding, exercising, release or surrender (r 132(2)(a)-(c)).
• The Act’s remediation order power (sections 243 and 245) is operationalised by the regulations: applications must follow Criminal Procedure Regulations timeframes and service rules (rr 154-155).

Administrative sanctions

• The CEO may cancel or suspend licences if the holder breaches designated Acts or licence conditions or is otherwise not fit and proper (r 87). The CEO must give notice of proposed cancellation/suspension and allow representation (r 88).
• The CEO can amend, add or remove conditions on licences and approvals (r 82(2); rr 141-142) but must give the holder reasonable opportunity to respond before the amendment takes effect (r 82(8); r 141(6)).

Inspection and warranting powers

• The CEO may delay decisions pending a site inspection and require payment of an inspection fee (r 76(5) and Schedule 7 Division 4). The regulations specify information required in an entry warrant application (r 160) to give practical effect to the Act’s warrant powers.

Corporate officer liability

• The regulations prescribe that the offences created in the regulations are included for the purposes of the Act’s corporate officer liability (s 237) except for offences that relate to licences that can only be granted to individuals (r 153). This means officers may be held personally liable for corporate contraventions where the statutory tests are met.

Mechanisms that target specific risks

• Sandalwood tracking and storage rules are enforced through high penalties, seizure and obligation on licence holders to sign and keep records (Part 6 rr 133-139; r 139 seizure and storage restrictions).
• Identifier and processor obligations (r 100) create an industry‑level compliance choke point: processors must reject unlabelled consignments and notify the CEO, and wildlife officers may seize unlabelled goods.

Recovery and financial enforcement

• Commercial charges for fauna and flora taken for commercial purposes are payable to the CEO (r 157(2)); failure to pay is recoverable as a debt in a competent court (r 157(5)). Modified‑penalty enforcement consequences (suspensions, garnishee powers, etc.) are also available through the infringement enforcement machinery as noted on the standard infringement notice form (Schedule 10).

Administrative discretion and publication

• The regulations give the CEO wide discretion over imposition and variation of conditions (r 83), refusal of licences for biosecurity and fitness reasons (r 40(2)-(3); r 76(3)-(4)), and corporate authorisations (r 12(3)-(5)). The CEO must publish CEO guidelines on the Department’s website (r 10(3)). That publication provides transparency but the CEO retains discretionary authority in application and enforcement.

Together, these layers provide a mixture of criminal deterrence, administrative control, economic charge mechanisms and routine enforcement tools designed to regulate both the formal licence‑holder economy and lower‑risk activities authorised without licence.

The regulations are explicitly drafted to operate alongside and connect to other Western Australian and Commonwealth instruments. The regulations reference, incorporate and preserve interactions with multiple named statutes and instruments; they do not create stand‑alone regimes.

Designated Acts and cross‑referencing (r 3)

• The regulations define a designated Act to include the Act itself, the Animal Welfare Act 2002, Biosecurity and Agriculture Management Act 2007, the CALM Act, the Environmental Protection Act 1986, the Forest Products Act 2000 and any repealed Act (r 3). This definition is used, for example, in considering disqualifying events and compliance with designated offences when assessing applications (r 76).

Biosecurity and firearms law references

• The term agricultural activity and biosecurity are given the same meanings as under the Biosecurity and Agriculture Management Act 2007 (r 3). The regulations enable the CEO to refuse an importing licence where the CEO considers the species to be a biosecurity risk (r 40(2)).
• The definition of category A and B firearms references the regulations made under the Firearms Act 2024 section 8(1) (r 3). This linkage is material to the Aboriginal exemptions and certain CALM land provisions where the type of firearm used affects whether s 182(2) and (3) of the Act are excluded (Part 8, r 145 and r 147).

CALM Act and Biodiversity Conservation Account

• The regulations authorise the Zoological Parks Authority to possess, display, import or export fauna without licence by reference to the Zoological Parks Authority Act 2001 (r 45). Money collected under Part 11 is to be credited to the Biodiversity Conservation Account (CALM Act s 68) via r 159, tying financial flows to the CALM administrative account.

Transition from earlier laws and licences

• The regulations contain transitional rules that take certain Wildlife Conservation Act 1950 and Wildlife Conservation Regulations 1970 licences as corresponding to new licences (Part 13, r 175-176; Schedule 11). They also take older notices and orders (special protected fauna notice, rare flora notice, sandalwood order) to have effect as Ministerial orders under the Act (rr 169-173). This preserves continuity and respects prior administrative decisions.

Criminal procedure and enforcement

• Remediation and enforcement proceedings under the Act are tied to provisions in the Criminal Procedure Regulations 2005 and Criminal Procedure Act 2004 (rr 154-155), prescribing procedural steps for applications for remediation orders and for enforcement hearings.

Information and other jurisdictional cooperation

• The regulations specify information sharing partners and define information sharing agencies for the purposes of the Act (r 164). The list includes other State and Territory agencies responsible for biodiversity, several Commonwealth agencies (Australian Federal Police, Australia Post and the Commonwealth biosecurity agency), and counterparts in other States and Territories (r 164). This facilitates cross‑jurisdictional enforcement and data exchange.

External Commonwealth schemes

• The regulations reference the ABBBS (Australian Bird and Bat Banding Scheme) for banding conditions (r 25(1)-(4)), reflecting reliance on a Commonwealth‑coordinated framework for certain scientific banding activities. The regulations also allow the CEO to require use of bands issued by the Commonwealth as part of the ABBBS (r 25(4)).

Electronic signature and document delivery

• For sandalwood tracking forms, the regulation permits electronic forms and requires a sign to be a digital signature as defined in the Electronic Conveyancing Act 2014 if in electronic form (r 133(2)(b); r 3 sign definition). The regulations list specified postal and office addresses and permit documents to be given by email where the Department has specified the address on its website (r 162).

These cross‑references show the regulations are embedded within a network of statutes and administrative systems; compliance therefore requires attention to companion instruments such as the Biosecurity and Agriculture Management Act, Firearms Act, CALM Act, Criminal Procedure legislation and federal schemes such as the ABBBS where they are invoked in licence conditions.

The regulations include a compilation table that records initial publication and subsequent amending instruments. Key entries are:

• Biodiversity Conservation Regulations 2018: published 14 September 2018. Part 1 (other than rr 3-7) commenced 14 September 2018; the remainder of the regulations commenced on the day section 278 of the Biodiversity Conservation Act 2016 came into operation (r 2 and compilation table).
• Biodiversity Conservation Amendment Regulations 2018 (17 Sep 2018): commencement entries in the compilation table indicate r 1 and r 2 came into force 17 Sep 2018; other provisions from 1 Jan 2019 (compilation table).
• Biodiversity Conservation Amendment Regulations (No. 2) 2018 (21 Dec 2018): similar staged commencement (compilation table).
• Environment Regulations Amendment (Infringement Notices) Regulations 2020 (SL 2020/166): commenced 29 Sep 2020 (compilation table).
• Biodiversity Conservation Amendment Regulations 2022 (SL 2022/43): published 25 Mar 2022; most provisions commenced 26 Mar 2022 (compilation table). These amendments appear in the text via marginal notes and bracketed amendments to specific regulations (e.g. r 67 amended SL 2022/43 r. 4; r 136 amended SL 2022/43 r. 7).
• Biodiversity Conservation Amendment Regulations (No. 2) 2022 (SL 2022/95): published 17 Jun 2022; rest commenced 18 Jun 2022 (compilation table).
• Biodiversity Conservation Amendment Regulations 2023 (SL 2023/165): published 1 Nov 2023; most provisions commenced 4 Nov 2023 (compilation table). The compilation notes r 153 was inserted SL 2023/165 r. 4 (introducing corporate officer liability prescription).
• Environment Regulations Amendment (Firearms) Regulations 2024 (SL 2024/298): published 21 Dec 2024; commencement noted 31 Mar 2025 (compilation table). The definition changes to reference the Firearms Act 2024 are recorded in r 3 amendments.

The body text contains marginal amendment notes at specific provisions that reflect these instruments (for example, r 3 amended by SL 2022/95 r. 4; r 36 amended SL 2022/95 r. 5; r 136 amended SL 2022/43 r. 7; r 153 inserted SL 2023/165 r. 4). The compilation table is the official schedule of publication and commencement for each amending instrument.

The transitional provisions in Part 13 (rr 168-176 and Schedule 11) were used to migrate existing licences and lists from the prior statutory regime (Wildlife Conservation Act 1950 and associated regulations) into the new regulatory framework and to carry over certain ministerial notices and sandalwood orders into equivalent orders under the new Act (rr 169-173). These transitional rules are part of the initial implementation history and are recorded in the compilation table.

For practitioners, the compilation table and the embedded marginal notes indicate which provisions have been updated and the instruments that effected those changes. The regulations expressly record the amending instruments and commencement dates rather than provide a commentary history.

The regulations themselves do not list judicial decisions or administrative tribunal determinations. The text records procedural routes, enforcement mechanisms and appeal rights but does not cite cases. Relevant procedural pathways for challenge and enforcement that could give rise to litigation are set out in the regulations:

• Administrative review: a person affected by a reviewable decision (refusal to grant or renew a licence, amendment, imposition of a condition, cancellation or suspension) may apply to the State Administrative Tribunal for review (r 89). That statutory right is the prescribed administrative review route and is likely to form the primary judicial/tribunal context for disputes about licensing decisions under these regulations.

• Criminal prosecution and infringement notices: offences prescribed for infringement notices (r 165; Schedule 9) can be dealt with by payment of a modified penalty or by prosecution. Prosecutions under the Act and the regulations follow courts’ criminal processes and can give rise to contested proceedings on facts, mitigation and legal interpretation of licence conditions, identifiers, tracking obligations and exemptions.

• Remediation and enforcement orders: the regulations specify how applications for remediation orders under the Act are to be made and served (rr 154-155), referencing the Criminal Procedure Regulations. These provisions anticipate civil remedies or orders against offenders, and disputes over remediation scope and enforcement can proceed through the court processes provided.

• Corporate officer liability: regulation 153 prescribes the regulation offences for the purposes of the Act’s officer liability provisions. That raises the possibility of proceedings that target corporate officers for corporate contraventions, governed by s 237 of the Act and applicable criminal or civil standards.

• Seizure and return of goods: seizure powers (for example under r 100(6)-(7) for un‑identified fauna or flora) may lead to procedural disputes over the propriety of seizure, retention, conditions for return and associated damages or compensation claims.

Because no cases are named in the regulations, the text cannot be used to report litigation history. The regulations, however, create multiple legal hooks that commonly produce contestation: licence refusals, condition imposition, cancellation or suspension, enforcement prosecutions and remediation orders, infringement notices and seizure. Practitioners should expect that the State Administrative Tribunal, criminal courts and civil enforcement processes will be the forums where interpretation disputes, proportionality of conditions and factual compliance are litigated.

The regulations contain specific provisions and traps that can catch applicants and operators if not read carefully. The following items identify high‑risk or counter‑intuitive points grounded in the text.

CEO discretion and published criteria

• The CEO has broad and recurring discretion: to issue, amend or revoke guidelines (r 10(1)-(4)); to specify pet categories (r 11); to refuse licences for biosecurity or unsuitability reasons (r 40(2)-(3)); to impose any condition when granting or renewing a licence (r 83); and to amend licences at any time with notice (r 82). This means applicants face significant administrative discretion and should expect application of site‑ or species‑specific criteria published by the Department (r 10(3)).

Licence form and individual constraint on taking licences

• A licence that authorises taking of fauna or flora may only be granted to an individual (r 12(2)). Corporations cannot directly hold a taking licence. The regulation permits the individual holder to authorise others (r 12(3)), but unauthorised assistance in taking attracts a $5,000 fine (r 12(4)-(5)). Businesses relying on individuals as licensees should document delegated authorisations tightly.

Non‑transferability and exclusive rights

• Licences are non‑transferable (r 81). Additionally, the CEO may grant licences in ways that confer exclusive or preferential rights to take specified fauna from specified land (r 92). That creates possible lock‑in: where exclusive rights have been issued for land, new entrants may be blocked.

Sandalwood-specific risks

• The sandalwood regime carries several concentrated obligations and high penalties:
  • Sandalwood tracking forms are mandatory for nearly all interstate and domestic movements of specifically controlled sandalwood and must include detailed information and signatures (rr 134-135).
  • High monetary penalties ($25,000 for false or incomplete forms, r 136(1)-(4); failures by licence holders to sign and record receipt also $25,000, r 138(2)-(4)) and criminal‑style obligations to keep and provide copies to the CEO (r 136(4)-(5)). Storage of specifically controlled sandalwood requires a licence (r 139(1)).
  • Exporting specifically controlled sandalwood without a flora exporting (sandalwood) licence attracts a $25,000 penalty (r 96(1)). Practitioners in the sandalwood supply chain should plan for strict record systems and immediate signature/receipt processes.

Identifier regime as a choke point

• Commercial licences and fauna causing damage licences may require identifiers (r 100). Processors and licence holders must reject unlabelled consignments, make records and report to the CEO (r 100(5)). Wildlife officers may seize unlabelled fauna or flora (r 100(6)). The identifier requirement creates an operational choke point: a missing identifier halts processing and can trigger seizure.

Timing and inspection details

• Renewal applications must be lodged at least 15 business days before expiry (r 75(2)); if not, the CEO may accept late applications only if time permits (r 75(3)). The CEO may delay a decision until an inspection occurs and an inspection fee is paid (r 76(5)), and refusal to allow inspection can result in refusal of the application (r 76(6)). Licence applicants should schedule inspections and budgeting for inspection fees (Schedule 7 Division 4).

Aboriginal exemptions are qualified and limited

• Part 8 excludes operation of s 182(2) and (3) of the Act for Aboriginal people in specific circumstances (rr 143-148) but excludes certain species (sea turtles, dugong, saltwater crocodile and others, r 143) and imposes geographic and weapon/gear constraints (r 146-147). CEO permission may still be required in other circumstances and may be varied/suspended (rr 149-150). The exemptions are not blanket native‑title style rights; they are tightly circumscribed.

Category A pet authorisation vs. biosecurity

• Category A designation (r 11(3)) requires that the species is listed in the WA Organisms List as a permitted organism or as exempt keeping, is not threatened or specially protected, is readily accessible in the pet trade and meets resilience and biosecurity criteria. Species not meeting these criteria may be moved to Category B or C, which triggers licensing and import/export controls.

Commercial charges payable by taker

• The person who takes specified fauna or flora for commercial purposes is liable to pay the charge (r 157(2)). Charges are payable to the CEO within 5 business days after taking unless the CEO approves a later time (r 157(3)). If an identifier is required, the charge is payable when the identifier is provided (r 157(4)). Failure to pay is recoverable as a debt (r 157(5)). This creates an immediate cashflow obligation at the point of take.

Separation distances extend vertically and apply to aerial devices

• Separation distance is expressly defined to extend to vertical distance above and below the water (r 109(2)). Aerial devices (drones) are specifically defined (r 3) and subject to the same separation constraints (rr 110-114). Operators of drones, personal watercraft and aircraft must be aware that separation distances apply in three dimensions.

Corporate officer exposure

• Regulation 153 prescribes all regulatory offences for the purposes of the Act’s corporate officer liability provisions (subject to one caveat). Officers of bodies corporate must be aware of the potential for personal liability on corporate contraventions (r 153).

Modified‑penalty doubling rules

• Modified penalties in Schedule 9 are doubled where an individual or body corporate has a prior conviction or paid a modified penalty within 5 years (r 165(2)-(3)). The registrar effect on recidivist offenders increases exposure to higher infringement sums if there is any prior related action.

These are practical “gotchas” embedded in the text. Each is grounded in the cited regulation and can result in substantial financial, operational or legal consequences if overlooked.

To align operations with the regulations, a compliance programme should map legal duties to practical processes. Below are concrete compliance steps and controls directly based on the regulations.

1. Classify species and activities against CEO guidelines and regulatory categories

• Before any acquisition, taking, dealing, import or export, use the CEO guidelines (r 10) to determine whether the species is Category A, B or C (r 11). Category A requires no licence (r 46); B and C require standard or advanced licences (r 11(2)-(5); r 36; r 39). Ensure business activity matches the prescribed licence class in r 13 and r 54.

2. Licence application process and timing

• Lodge applications on the approved form and include all required information (r 73). Respond promptly to any written request for further information, statutory declarations or consents (r 74) and apply for renewal at least 15 business days before expiry (r 75(2)). Budget for the application, renewal and licence fees in Schedule 7 (r 156; Sch 7).

3. Prepare for inspections and site suitability

• Anticipate a possible inspection: the CEO may delay decision pending inspection and require payment of inspection fees per Schedule 7 Division 4 (r 76(5)). Ensure facilities, enclosures and transport arrangements meet the standards contemplated in rr 14-17 (skills, accommodation, storage, transport). Refusal to allow inspection may lead to refusal (r 76(6)).

4. Establish document, recordkeeping and returns systems

• Implement records systems that satisfy potential licence conditions (r 85). For commercial or sandalwood licences, maintain copies of identifiers and tracking forms and be prepared to produce them to the CEO on request (r 85(2); r 136(4); r 138(4)). Ensure returns are prepared in the form and timing required by licence conditions (r 86).

5. Identifier and processor controls

• If operating a processing or dealing business that receives specimens under commercial licences, apply the r 100 protocol: check for required identifiers on arrival; reject and record any consignments lacking identifiers; notify the CEO as required (r 100(5)); do not provide identifiers to third parties except as allowed (r 100(4)); be prepared for seizure and return procedures (r 100(6)-(7)).

6. Sandalwood transport, receipt and storage compliance

• For any movement of specifically controlled sandalwood, use the approved sandalwood tracking form (r 133) and ensure the form contains the items listed in r 135. Drivers must sign forms (r 135(k)). Holders receiving sandalwood must sign and time the receipt and keep and provide copies to the CEO (r 138(2)-(4)). Do not store specifically controlled sandalwood unless authorised to do so (r 139(1)). Adopt strict controls to avoid the high penalties associated with form errors (r 136; r 138).

7. Marine operations and separation distances

• For work or tourism near marine fauna, train crew to maintain separation distances in Schedule 5 for whales, dolphins, dugongs, seals and killer whales (rr 109-111; Sch 5). Where whale sharks are present follow the specific table in r 111 (3 m/4 m for persons; 30 m for vessels; 60 m for aerial devices). Observe approach zone rules (r 115), avoid remaining beyond the 90‑minute limit in approach zones (r 115(3)) and adhere to the 6‑knot speed limit in approach zones unless safety requires otherwise (r 116).

8. Land access authorisations and owner consent

• For activities on land not in your control, obtain a written authorisation from the owner/occupier identifying the land and the authorised period, signed and dated (r 151). For licence holders conducting designated activities, maintain copies of owner consent for audit (r 101(2)).

9. Aboriginal customary activity handling

• If interacting with Aboriginal customary activity claims, verify whether exemptions in Part 8 apply (rr 143-148). If CEO written permission is required or advisable in particular cases, apply using the CEO’s published process (rr 149-150).

10. Corporate governance and officer compliance

• Because r 153 exposes officers to liability for corporate contraventions, implement corporate compliance policies: executive oversight, delegated licensee authorisations under r 12(3) properly documented, training for staff on identifier and tracking obligations, and legal review of licence conditions. Maintain a register of licences and their conditions to demonstrate due diligence.

11. Financial and charge management

• Budget for charges payable on take for commercial purposes (r 157; Sch 8) due within 5 business days (r 157(3)), or at the time identifiers are supplied (r 157(4)). Use the CEO’s discretionary waivers only where relief is reasonable and documented (r 156(2); r 157(6)).

12. Response plan for suspected contraventions

• Prepare a legal and operational response plan for possible inspections, seizures or infringement notices: know how to request review to the SAT (r 89), preserve evidence and records should a remediation order be sought (rr 154-155), and set internal protocols for immediate notification to the CEO if required under regulations (e.g. injured or abandoned fauna notification r 124).

13. Use CEO guidelines and published material

• Regularly consult the Department’s website for CEO guidelines (r 10(3)), approved forms, the critical habitat register summary (r 9(5)), the approved email and postal addresses for submissions (r 162), and any operational directions the CEO publishes.

14. Practical steps for transporters and drivers

• Where drivers are engaged to transport sandalwood or other controlled material, ensure the driver is given and signs the relevant tracking form before transport (r 137(3)). Keep records of form handover (r 136(5)). Ensure vehicles carry copies of exporting/importing licences as required (rr 94-95).

15. Review and audit

• Periodically audit compliance with licence conditions, identifier inventories, tracking form processes, and staff authorisations given under r 12(3). Ensure timely renewal applications (r 75) and readiness for inspections.

These steps map statutory duties to specific operational controls in the regulations. They prioritise documentation, timely application and renewal, chain‑of‑custody and identifier integrity, strict handling of sandalwood movements, and clear management of CEO interactions and inspection readiness.