Biodiversity Conservation (Exemptions) Amendment Order 2021 (WA)

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Western
Australian
Government

azette ISSN 2204-4264 (online)

PERTH, FRIDAY, 15 OCTOBER 2021 No. 176

SPECIAL

PUBLISHED BY AUTHORITY GEOFF 0. LAWN, GOVERNMENT PRINTER
STATE OF WESTERN AUSTRALIA

Biodiversity Conservation Act 2016

Biodiversity Conservation (Exemptions)

Amendment Order 2021

SL 2021/175

Made by the Minister under section 27 1(2) of the Act.
1. Citation

This order is the Biodiversity Conservation (Exemptions)
Amendment Order 2021.

2. Commencement
This order comes into operation as follows -

(a)

clauses 1 and 2 - on the day on which this order is published in the Gazette;
(b) the rest of the order - on the day after that day.

(1) In this clause -

burning, of vegetation in an area, means -

3. Order amended

This order amends the Biodiversity Conservation (Exemptions)
Order 2018.
4. Clause 7 inserted
After clause 6 insert:
7. Bush fire mitigation and suppression activities

17() GOVERNMENT GAZETTE, WA 15 October 2021
Biodiversity Conservation (Exemptions) Amendment Order 2021
ci. 1

(a) fire hazard reduction burning in the area; or
(b) burning or partial burning of vegetation in the
area by an uncontrolled fire that reduces the
risk of injury or damage to persons or property
from a subsequent uncontrolled fire in the
vegetation;
bush fire mitigation activity means the following -

(a) burning permitted under the Bush Fires
Act 1954 section 17(5);

(b) burning done in accordance with a permit
obtained under the Bush Fires Act 1954
section 18;
(c) burning done under the Bush Fires Act 1954
section 22(2);

(d) burning done under the Bush Fires Act 1954
section 23;

(e) things done to comply with a notice given
under the Bush Fires Act 1954 section 33(1);

(f) things done pursuant to a direction of a local
government under the Bush Fires Act 1954
section 33(4);
(g) clearing done by a local government under the

Bush Fires Act 1954 section 36(b);
(h) things done under the Bush Fire Risk Treatment
Standards 2020 clause 6;
(i) clearing described in the Environmental
Protection (Clearing of Native Vegetation) or 15;
0) things done for fire prevention or control
purposes or other fire management works on
Crown land by the FES Commissioner (as

15 October 2021 GOVERNMENT GAZETTE, WA 4751
Biodiversity Conservation (Exemptions) Amendment Order 2021

ci. 4

defined in the Fire and Emergency Services
Act 1998 section 3);
bush fire suppression activity means the following -

(a)

things done under the Bush Fires Act 1954 section 39(1)(d) or 44(1)(c);

(b)

things done in relation to fire under the Fire Brigades Act 1942 section 34(a), (c) or (j);

fire hazard reduction burning means burning or
partial burning of vegetation to reduce the risk of injury
or damage to persons or property from an uncontrolled
fire in the vegetation.

(2) A person who carries out a bush fire mitigation activity
or bush fire suppression activity is exempt from -

(a)

section 48(1) of the Act in relation to any modification of an occurrence of a threatened ecological community that occurs in the course of, or as a result of, the activity; and

(b)

section 149(1) of the Act in relation to any taking of fauna that occurs in the course of, or as a result of, the activity; and

(c)

section 150(1) of the Act in relation to any taking of threatened fauna that occurs in the

course of, or as a result of, the activity; and
(d) section 153(1) of the Act in relation to any disturbance of fauna that occurs in the course of, or as a result of, the activity; and
(e) section 173(1) or (2) of the Act in relation to any taking of threatened flora that occurs in the course of, or as a result of, the activity.

(3) Subclause (2) does not apply to a bush fire mitigation
activity to the extent that the activity consists of fire
hazard reduction burning in an area if—

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Biodiversity Conservation (Exemptions) Amendment Order 2021

(a)

the activity is of a kind referred to in paragraph (a), (b), (d), (h), (i) or (j) of the definition of bush fire mitigation activity; and

(b)

burning of vegetation in the area has occurred within the past 6 years.

(4)

Subclause (2)(b) and (c) do not apply to the extent that the taking of fauna consists of harvesting or capturing the fauna or causing or permitting harvest or capture of
the fauna.
(5) Subclause (2)(e) does not apply to the extent that the
taking of threatened flora consists of harvesting the
flora or causing or permitting harvest of the flora.

A. SANDERSON, Minister for Environment.

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Biodiversity Conservation (Exemptions) Amendment Order 2021 (WA)

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This order amends the Biodiversity Conservation (Exemptions) Order 2018.
4.	Clause 7 inserted After clause 6 insert:

(a)	fire hazard reduction burning in the area; or
(b)	burning or partial burning of vegetation in the
area by an uncontrolled fire that reduces the risk of injury or damage to persons or property from a subsequent uncontrolled fire in the vegetation;

(b)	burning done in accordance with a permit
obtained under the Bush Fires Act 1954 section 18;
(c)	burning done under the Bush Fires Act 1954

(f)	things done pursuant to a direction of a local
government under the Bush Fires Act 1954 section 33(4);
(g)	clearing done by a local government under the
Bush Fires Act 1954 section 36(b);
(h)	things done under the Bush Fire Risk Treatment
Standards 2020 clause 6;
(i)	clearing described in the Environmental
Protection (Clearing of Native Vegetation) or 15;
0)	things done for fire prevention or control purposes or other fire management works on Crown land by the FES Commissioner (as

(a)	things done under the Bush Fires Act 1954 section 39(1)(d) or 44(1)(c);
(b)	things done in relation to fire under the Fire Brigades Act 1942 section 34(a), (c) or (j);

(a)	section 48(1) of the Act in relation to any modification of an occurrence of a threatened ecological community that occurs in the course of, or as a result of, the activity; and
(b)	section 149(1) of the Act in relation to any taking of fauna that occurs in the course of, or as a result of, the activity; and
(c)	section 150(1) of the Act in relation to any taking of threatened fauna that occurs in the
course of, or as a result of, the activity; and
(d)	section 153(1) of the Act in relation to any disturbance of fauna that occurs in the course of, or as a result of, the activity; and
(e)	section 173(1) or (2) of the Act in relation to any taking of threatened flora that occurs in the course of, or as a result of, the activity.

(a)	the activity is of a kind referred to in paragraph (a), (b), (d), (h), (i) or (j) of the definition of bush fire mitigation activity; and
(b)	burning of vegetation in the area has occurred within the past 6 years.

(4)	Subclause (2)(b) and (c) do not apply to the extent that the taking of fauna consists of harvesting or capturing the fauna or causing or permitting harvest or capture of
the fauna.
(5)	Subclause (2)(e) does not apply to the extent that the taking of threatened flora consists of harvesting the flora or causing or permitting harvest of the flora.