Biodiversity Act 2025

The Biodiversity Act 2025 repeals the Native Vegetation Act 1991 and introduces a broad framework that integrates biodiversity into land use, planning, enforcement, and cultural practices. The Act is structured into numerous parts and schedules, each addressing a specific aspect of biodiversity governance. The Act begins with preliminary provisions that establish its title, commencement, and interpretation. The Act’s primary purpose is to provide for the conservation, restoration, and enhancement of biodiversity in South Australia for the benefit of current and future generations. The second part sets out the objects and guiding principles of the legislation. It requires consistency with the State Biodiversity Plan and mandates the incorporation of Aboriginal knowledges into biodiversity management. A general duty is imposed on all persons to take reasonable steps to avoid or minimize harm to biodiversity. The administrative framework is established in Part 3. It includes provisions for ministerial delegations and prohibits ministers from administering the Act directly. Several statutory bodies are created, including the Biodiversity Council, the Clearance Assessment Committee, the Aboriginal Biodiversity Committee, and the Scientific Committee. Each body has defined functions and compositions. The Act also allows for the creation of other committees, advisory bodies, and trusts. Membership conditions, remuneration, procedures, and reporting obligations are specified. Three key funds are established: the Biodiversity Restoration Fund, the Biodiversity Conservation Fund, and the Biodiversity Administration Fund. These funds support biodiversity initiatives and are subject to audit and investment provisions. Part 4 deals with native plants. It defines regulated acts and activities, including clearance and taking, and provides exemptions for Aboriginal persons. Offences are created for unauthorized activities and illegal possession. A detailed authorisation process is outlined, including application procedures, assessment criteria, consultation requirements, and conditions of consent. The Minister’s consent is required in certain cases, particularly where biodiversity agreements apply. Environmental benefit credits are introduced, allowing for the recognition and trading of restoration efforts that exceed legal obligations. A review mechanism is provided for refusals or revocations of clearance consents. Part 5 addresses protected animals. It regulates activities such as taking and dealing, with specific provisions for Aboriginal cultural practices. Offences are established for unauthorized actions and illegal possession. Management plans may be developed for harvesting certain species, and declarations can be made to permit the taking of protected animals under specified conditions. Part 6 introduces designated lists for threatened species, ecological communities, and listed ecological entities. It sets eligibility criteria and outlines processes for listing, including expedited and provisional listings. Protection measures include action plans, declarations of key threatening processes, and threat abatement plans. The Act provides for extinction inquiries and specific protections for threatened fish species. Critical habitat can be declared, and damaging such areas without authorisation is an offence. Aboriginal persons may be exempt under certain conditions. Authorisation procedures mirror those for native plants, including application, consultation, and consent conditions. Part 7 provides for the establishment of sanctuaries and other conservation areas. It enables biodiversity agreements with landowners, which are binding and enforceable. Financial and other assistance may be provided to support conservation efforts. Enforcement provisions are detailed in Part 8. Authorised officers are appointed and granted powers of entry, inspection, seizure, and warrant execution. Offences include hindering officers and failing to comply with orders. The Act allows for information discovery orders and appeals to the ERD Court. Administrative remedies include compliance and reparation orders, enforceable undertakings, and registration of orders. Civil enforcement proceedings can be initiated in the ERD Court, with provisions for interim orders and recovery of penalties. Criminal enforcement includes jurisdictional rules, sentencing considerations, and offences by corporate bodies. Defences are available under specified circumstances, including authorisation under other legislation and cultural exemptions. Evidentiary provisions govern the use of documents, data, and possession presumptions. General enforcement provisions address offence classification, aggregation, culturally sensitive information, and liability issues. Appeals may be made to the ERD Court and the Supreme Court. Part 9 regulates permits. It outlines general matters, conditions, fees, and information requirements. Specific permits are required for commercial activities, critical habitat features, and hunting. A review mechanism is available through SACAT. Contraventions of permit conditions are penalized, and royalties may be imposed. False representations are prohibited. The final part includes miscellaneous provisions. It addresses hunting offences, Aboriginal exemptions, unlawful entry, and restrictions on certain devices. Conditions and agreements may be noted against land titles. The Minister may dispose of surrendered animals. The Act mandates the collection and maintenance of biodiversity data, the development of a State Biodiversity Plan, and the creation of policies, management plans, and a Biodiversity Register. Public sector agencies must report on biodiversity matters. Fee waivers and regulations are provided for, and the Act is subject to periodic review. Schedules to the Act define regulated clearance areas and exclusions for certain activities involving native plants. These include maintenance of infrastructure, safety measures, mining operations, and fire prevention.