Unpacked: How South Australia is proposing to boost biodiversity protection and restoration
Have you heard the news? You have a chance to shape the laws protecting our unique and precious biodiversity. Here’s everything you need to know.
Biodiversity is all the different kinds of life on our planet and how they work together. It’s the plants, fungi, animals and bacteria, from the microscopic to the massive, and the way they function together in ecosystems.
The state government is developing new legislation to better protect biodiversity and set up the framework to restore what we’ve lost – now they want to know what you think.
A draft Biodiversity Bill is open for feedback until 18 February 2025.
We get it, legislation is confusing. So, we’ve unpacked everything you need to know to help you have your say.
Why do we need a Biodiversity Act?
Put simply, we need to protect and restore biodiversity because it supports life as we know it –providing clean air, healthy soil, new medicine, food on our plates, and a resilient Earth that can respond to threats like climate change.
Healthy biodiversity also underpins economic growth. About $44 trillion – more than half of global GDP – is dependent on nature. Closer to home, about half of South Australia’s economic activity ($70 billion) and a third of its workforce (282,000 FTEs) have at least a moderate dependence on nature.
Despite this, our state doesn’t have a dedicated Act to safeguard biodiversity. Instead, provisions exist across multiple laws, which has led to gaps in protections.
Unfortunately, existing laws haven’t successfully prevented biodiversity loss. In fact, more than 1,100 of our state’s unique native plant and animal species are currently threatened with extinction. Many more are likely threatened but are yet to be assessed.
The proposed Act has been designed to better protect animals and plants, facilitate increased restoration, build resilience to the effects of climate change, and streamline regulations to reduce legislative complexity.
What is being proposed in the new Biodiversity Act?
The draft Biodiversity Bill proposes a range of ways to better protect what we have and restore what we’ve lost, some of these include:
- A modern and nationally consistent process to assess and recognise threatened native species and ecological communities, aligned with international best-practice.
- Better recognition and protection for habitat critical to threatened species and ecological communities.
- A new penalty – in a bid to tackle serious and organised wildlife crime – of $500,000 or 10 years jail for individuals, or $1,000,000 for businesses, convicted of possession or control of a trafficable quantity of protected animals.
- Additional enforcement tools that provide more avenues to address environmental harm, including requiring individuals to repair damage rather than simply paying a fine and allowing third parties to take legal action.
- A general biodiversity duty that would require individuals, businesses and government agencies to take reasonable steps to prevent or minimise harm to biodiversity.
- The development of a new State Biodiversity Plan that would identify priorities and measurable targets for biodiversity conservation, restoration and recovery and inform land use planning.
Will the Bill affect housing availability or infrastructure development?
No, the draft Biodiversity Bill does not propose to restrict the supply of land in South Australia.
New proposals – including an improved threatened species listing process, improved data collation and the geographic mapping of biodiversity priorities – will help to identify biodiversity hotspots that should be avoided for housing development or where innovative design will be required.
This should assist and inform planning and land use decisions at the early zoning stage, rather than later at the development assessment stage.
Sometimes certain types of development may not be able to avoid areas of high biodiversity value. In these circumstances, it is anticipated that the Bill will provide guidance to achieve the best possible environmental outcomes.
Other rules and provisions in the current Native Vegetation Regulations 2017 for vegetation removal for the construction of homes will be retained.
What is the new general duty?
The draft Biodiversity Bill introduces a new general duty to ensure the protection of biodiversity is a continuous legal and social responsibility shared by everyone.
The general duty encourages individuals, businesses and governments to take all reasonable prevention or minimisation measures before engaging in activities that could harm biodiversity.
How will the Bill affect how I manage native animals on my property?
The draft Bill enables the continued management of ‘impact causing’ native animals that may be damaging your property.
The Department for Environment and Water continues to encourage landowners to first explore non-lethal management methods, which includes things such as removing food or water sources, providing nest boxes, or modifying fencing. You will continue to be able to scare animals with noise (e.g., by using bird scarers), which has been included as a defence in the draft Bill.
The Bill includes mechanisms to enable the lethal control of impact causing species, including by:
- enabling activities and species to be added to the schedule of ‘unregulated activities’ which would not require a permit
- making a declaration that enables the taking of a species in certain circumstances.
In other circumstances, you will still be able to apply for a permit to control protected animals. You can read more about these opportunities in the explanatory guide.
What is critical habitat? How does it affect me?
When a species, ecological community or other ecological entity is listed as threatened under the Act, the minister must decide whether to make a ‘critical habitat’ declaration.
Critical habitat can be declared if the area significantly contributes to the conservation of the threatened species, ecological community or entity. Before deciding, the minister would undertake consultation.
The draft Bill also enables the minister to enter into voluntary agreements with landowners to facilitate the maintenance of critical habitat, including through biodiversity agreements.
Critical habitat declarations are also required to be location specific and detail the features which make the habitat critical (e.g., significant hollow bearing paddock trees for threatened woodland birds).
Declarations on private property wouldn’t necessarily restrict other compatible land uses. For example, if hollow bearing paddock trees were the critical habitat feature, existing land uses such as appropriate grazing regimes could continue.
Will there be new rules for home gardeners?
No, the new Act is not intended to regulate general gardening. The new rules are aimed at protecting established native plants which provide important habitat.
I provided feedback during the previous consultation. How do I know how it was used?
A consultation report summarises what was heard through the previous consultation process.
Where strong public support was received for certain measures, it has been detailed in the explanatory guide.
How do I keep updated on these proposed changes?
If you would like to stay updated, you can subscribe to receive updates or visit the Department for Environment and Water’s website.
How can I have my say on the new Biodiversity Act?
Visit YourSAy and complete the online survey: https://yoursay.sa.gov.au/draf...
An explanatory guide has been developed to help guide you through the draft Bill, highlighting its intent and rationale.
Why should I have my say?
Biodiversity touches all our lives, and this is an opportunity to ensure that it is better protected, both for our benefit and for the benefit of future generations.
Down a biodiversity rabbit hole? Continue your learning journey with explore the relation-chip between food and biodiversity and how biodiversity helps address climate change.
