The Biodiversity Conservation Act 2016 establishes a new approach to regulating human interactions with native animals and plants.
The Biodiversity Conservation Act commenced on 25 August 2017 as part of a package of land management and biodiversity conservation reforms.
One purpose of the Act is to apply a risk-based approach to regulating interactions with wildlife. This will reduce administrative burdens, modernise and streamline regulation.
Applying this risk-based approach means some previously licensed low-risk activities will no longer require a biodiversity conservation licence. Instead, an enforceable code of practice will regulate these activities.
Activities involving varying levels of greater risk will still be managed and assessed under a biodiversity conservation licence.
Biodiversity Conservation Act
The Biodiversity Conservation Act:
- strengthens protections for native animals and plants
- significantly increases penalties for non-compliance
- increases transparency by establishing public registers of wildlife licences.
Under the Biodiversity Conservation Act, it is an offence to:
- harm, capture or kill protected animals
- pick protected plants
- damage threatened ecological communities, habitats of threatened species and areas of outstanding biodiversity value
- liberate an animal to the wild
- approach or interfere with marine mammals.
These offences do not apply to activities that are:
- authorised under other legislation
- authorised under a biodiversity conservation licence
- undertaken in accordance with an approved Biodiversity Conservation Act code of practice
- exempted under the Biodiversity Conservation Regulation 2017.