Biodiversity Conservation Act 2016 (WA)

Western Australia

Western Australia

Biodiversity Conservation Act 2016

An Act to provide for —

the conservation and protection of biodiversity and biodiversity components in Western Australia; and

the ecologically sustainable use of biodiversity components in Western Australia; and

the repeal of the Wildlife Conservation Act 1950 and the Sandalwood Act 1929; and

consequential amendments to other Acts,

and for related purposes.

The Parliament of Western Australia enacts as follows:

This is the Biodiversity Conservation Act 2016.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

• (1)

  The objects of this Act are —

  • (a)

    to conserve and protect biodiversity and biodiversity components in the State; and

  • (b)

    to promote the ecologically sustainable use of biodiversity components in the State.

• (2)

  In the pursuit of the objects of this Act, regard must be had to the principles of ecologically sustainable development set out in section 4.

The principles of ecologically sustainable development are as follows —

• (a)

  decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;

• (b)

  if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

• (c)

  the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

• (d)

  the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;

• (e)

  improved valuation, pricing and incentive mechanisms should be promoted.

• (1)

  In this Act, unless the contrary intention appears —

abandoned fauna means fauna that —

• (a)

  belongs to a species the juveniles of which are normally cared for by a parent; and

• (b)

  is of an age at which it would normally be cared for by a parent; and

• (c)

  has been abandoned by its parents;

animal means any member, alive or dead, of the animal kingdom (other than a human being) and includes the following —

• (a)

  any viable or non‑viable progeny, larva, embryo, egg, ovum or sperm of an animal;

• (b)

  any part, product or genetic material of an animal from which another animal could be produced;

• (c)

  any other part of an animal;

• (d)

  the carcass of an animal;

annual report, in relation to the Department, means the annual report submitted by the accountable authority of the Department under the Financial Management Act 2006 Part 5;

apply, in relation to an identifier, includes to affix, to attach, to implant and to insert;

biodiversity means the variability…