South Australia’s Draft Biodiversity Bill

Consultation has concluded

Have your say on South Australia’s draft Biodiversity Bill.


What's being decided?

The South Australian Government is introducing a Biodiversity Act – the first of its kind in our state – and you are invited to shape its development.

We want to understand what you think about the draft Biodiversity Bill, which proposes:

  • a modern and nationally consistent process to assess and recognise threatened native species and ecological communities, aligned with international best-practice
  • tougher penalties for wildlife crime and harm to biodiversity
  • 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
  • better recognition and protection for native plants that provide critical habitat for threatened species and ecological communities.

Biodiversity touches all our lives - you don’t need to be an expert to provide your feedback.

Background

Biodiversity is the different kinds of life on our planet and how they work together. It’s the plants, fungi, animals and bacteria, and the way they function together in ecosystems.

Healthy biodiversity 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.

Across the globe, biodiversity is under threat. In South Australia more than 1,100 of our plants and animal species are threatened with extinction.

South Australia does not currently have a dedicated Act to safeguard biodiversity, instead provisions exist across multiple laws, which has led to gaps in protections.

Building on feedback received from the community last year, a draft Bill has been developed. The Bill proposes to absorb the existing Native Vegetation Act 1991, and all wildlife components of the National Parks and Wildlife Act 1972, as the overarching piece of legislation protecting biodiversity in South Australia.

A new Biodiversity Act will be an important tool in ensuring South Australia's long-term future through a resilient and sustainable economy, while safeguarding nature for future generations to enjoy.

Get involved

Find out more by:

Have your say by:

  • taking our survey
  • emailing a submission to biodiversityact@sa.gov.au
  • posting your written submission to
    • Biodiversity Coordination Unit

      Department for Environment and Water
      GPO BOX 1047
      Adelaide SA 5001

Stay informed by:

  • subscribing to receive updates on the Act's development

Please note: your feedback may be made publicly available, in part or in entirety, unless you indicate on your submission that you wish for it to remain confidential. If published, submissions would not include personal names or contact details but would include group/organisation name (if applicable). Any responses that are made on a confidential basis may still be subject to access under Freedom of Information laws.

What are the next steps?

We will consider all feedback in finalising the draft Biodiversity Bill.

The draft Bill will be introduced to the South Australian Parliament in 2025.

Have your say on South Australia’s draft Biodiversity Bill.


What's being decided?

The South Australian Government is introducing a Biodiversity Act – the first of its kind in our state – and you are invited to shape its development.

We want to understand what you think about the draft Biodiversity Bill, which proposes:

  • a modern and nationally consistent process to assess and recognise threatened native species and ecological communities, aligned with international best-practice
  • tougher penalties for wildlife crime and harm to biodiversity
  • 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
  • better recognition and protection for native plants that provide critical habitat for threatened species and ecological communities.

Biodiversity touches all our lives - you don’t need to be an expert to provide your feedback.

Background

Biodiversity is the different kinds of life on our planet and how they work together. It’s the plants, fungi, animals and bacteria, and the way they function together in ecosystems.

Healthy biodiversity 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.

Across the globe, biodiversity is under threat. In South Australia more than 1,100 of our plants and animal species are threatened with extinction.

South Australia does not currently have a dedicated Act to safeguard biodiversity, instead provisions exist across multiple laws, which has led to gaps in protections.

Building on feedback received from the community last year, a draft Bill has been developed. The Bill proposes to absorb the existing Native Vegetation Act 1991, and all wildlife components of the National Parks and Wildlife Act 1972, as the overarching piece of legislation protecting biodiversity in South Australia.

A new Biodiversity Act will be an important tool in ensuring South Australia's long-term future through a resilient and sustainable economy, while safeguarding nature for future generations to enjoy.

Get involved

Find out more by:

Have your say by:

  • taking our survey
  • emailing a submission to biodiversityact@sa.gov.au
  • posting your written submission to
    • Biodiversity Coordination Unit

      Department for Environment and Water
      GPO BOX 1047
      Adelaide SA 5001

Stay informed by:

  • subscribing to receive updates on the Act's development

Please note: your feedback may be made publicly available, in part or in entirety, unless you indicate on your submission that you wish for it to remain confidential. If published, submissions would not include personal names or contact details but would include group/organisation name (if applicable). Any responses that are made on a confidential basis may still be subject to access under Freedom of Information laws.

What are the next steps?

We will consider all feedback in finalising the draft Biodiversity Bill.

The draft Bill will be introduced to the South Australian Parliament in 2025.

Consultation has concluded

If you have a question about the Biodiversity Act, contact the team at biodiversityact@sa.gov.au or post your question here and the team will respond directly to you. Please note this is for questions and information only.

  • When will Parks & Wildlife have cat traps so that citizens who care about feral/loose/abandoned cats, can be able to trap them & WHEN will government DICTATE responsible depots where cats can be euthanized.. like EVERY COUNCIL, police, RSPCA, Vets etc. Currently there is NOWHERE to take a trapped cat to be euthanized! Please contract a wire maker to manufacture the VAST number of traps required to show that all the talk is meaningful at last! We have hardly any small native wild life left & I am totally ashamed of the gutless wimp "governments" who have failed totally for years to properly show the necessary leadership on this issue. If one must own a cat, it can only be registered if, (for a fee the same as a dog) it's chipped & the home INSPECTED (For a fee) to PROVE there is proper wire fenced containment of the cat. PLEASE ACT ... not in Part, but FULLY!

    Merle asked about 1 month ago

    Hi Merle

    You are right that cats can have a significant impact on biodiversity, however, the on-ground management of cats is beyond the scope of the Biodiversity Bill.

    The Department for Environment and Water (DEW) is currently preparing a statewide cat management strategy, which will include strategies and actions to improve responsible cat ownership. The strategy will be available on YourSAy in mid-2025 for community consultation, at which time I encourage you to provide feedback on the inclusions. Further information can be found on the Department website at https://www.environment.sa.gov.au/topics/animals-and-plants/cat-management-strategy.

    We encourage you to also raise your concerns with your local council and advocate for By-Laws in your area.

    Thanks for raising this.

    Emma

    cats
    cats

  • Why are we issuing licenses to swim with sea lions when they are critically endangered I just don’t understand, we should be observing from a far & not swimming In amongst them & why are we swimming with seals full stop …. Seriously a game or Russian roulette……..

    Kev asked about 2 months ago

    Hi Kev. The Biodiversity Bill does not propose any alterations to the current management relating to the interaction with marine mammals. In addition to the protection of marine mammals afforded in the Bill, interactions with marine mammals are governed by the National Parks and Wildlife (Protected Animal – Marine Mammal) Regulations 2010. These are informed by the Australian National Guidelines for Whale and Dolphin Watching.

    Thanks, Emma

    marine mammals
    marine mammals

  • Hi Biodiversity Act team, I am involved in bushcare activities in a conservation park in SA. I tentatively support a broader definition of native plants to include those native to all of Australia as this can be useful for restoration work in a changing climate. However, I am concerned that this will NOT allow us to control problematic plants that are native to other states, such as Tasmanian Blue Gum and Blue Bell Creeper. Can you please confirm that we can do weed removal of these unwanted native plants in the park (or outside of the park for that matte on our own properties or councils managing roadside veg) and, if so can you please explain the legal mechanisms will allow us to continue our work. IF not, then I think something needs to change. Thanks Anna

    AnnaD asked about 2 months ago

    Hi Anna, thank you for your bush care volunteering.

    Under current legislation, all vegetation management on National Parks and road reserves must be done with appropriate approvals, and consent from the relevant authority. There are no changes proposed to these requirements.

    Thank you for recognising the importance to consider all Australian native species in the Bill, noting that there may be some which can be problematic. The Bill contains several provisions that will enable the appropriate control of certain problematic Australian species. The Landscape South Australia Act 2019 also has provisions to declare weeds that require management.

    I hope this helps.

    Emma

    weeds,native plants
    weeds native plants

  • Thanks Tina for your reply. More specifically, does and should the Bill also offer protection to the vegetation on the paddock side of the fence, (even though on private property), given that these very narrow strips are closely linked with the vegetation that is on the very edge of the road? i.e. Should this Bill be offering landowners encouragement and incentives to retain and protect the vegetation on their side of the fence, even if the fences need renewing?

    Jec asked about 2 months ago

    Hi Jill

    Thank you for your question. You are correct that the Bill allows landholders to clear native plants up to 5 metres on their property along their boundary where they require access to establish and maintain fences.

    However, before proceeding with fencing works, the Bill requires landholders to apply the mitigation hierarchy to avoid or minimise impact to the environment.

    I hope this helps to clarify things.

    Thanks again, Tina

    fences,clearance
    fences clearance

  • Conservation and biodiversity are cornerstone principles within the hunting and conservation community. The ability to be in country and source sustainable food is very important for many people in our State from a wide variety of cultural backgrounds. The hunting and conservation community have contributed so much to the protection of biodiversity over the years (creating / rehabilitating thousands of acres of habitat, managing introduced species etc) often without proper recognition of the contribution the make. How will the hunting and conservation community which contributes so much towards biodiversity and the objectives of the Act have a say or a voice in decisions that may affect them?

    Alex W asked about 2 months ago

    Hi Alex

    Volunteers do play an important role in conservation in South Australia.

    The hunting and conservation community will continue to be consulted on the management of biodiversity through the established engagement channels with the department, and through public consultation processes like this one.

    Thanks for getting in touch.

    Emma

    hunting
    hunting

  • How will this Bill support the retention of precious endemic roadside vegetation (which provides vital habitat for insects, animals and birds) when land-owners are permitted to clear to 5 metres from their fence lines?

    Jec asked about 2 months ago

    Hi Jill

    Thank you for your question. The Bill doesn’t give landowners permission to clear native plants on road reserves for the purpose of maintaining or establishing fences. Please refer to clause 12(2)(a) in Schedule 2 of the Bill.

    Kind regards, Tina

  • Why does the department recommend including fungi and algae to be defined as plants when they are very clearly different scientific kingdoms and need different considerations?

    JoKay asked about 2 months ago

    Hi JoKay. 

    We do understand that scientifically fungi and algae are not plants. However, for the purposes of the Bill we have grouped them under the general term of plants simply for ease of referencing throughout the Bill. This also clarifies that fungi and algae are definitely covered by the Bill which is something that was unclear in previous legislation.

    Thanks for your question.

    Emma

    fungi,algae
    fungi algae

  • Hello, I can see that the new Hydrogen and Renewable Energy Act is listed as a "mining act" for the purposes of section 13 (which provides that the Minister responsible for the mining acts should not have responsibility for the Biodiversity Act) but clearing incidental to activities authorised by the HRE Act is not expressly covered by the Biodiversity Bill. How is it proposed that HRE Act activities are covered, given that the HRE Act is not included in the definition of "designated Act" in schedule 2 (with the Mining Act, Energy Resources Act etc)?

    Kyra asked 2 months ago

    Hi Kyra, thanks for your question.

    Currently HRE projects are considered to be ‘infrastructure’ under Schedule 1, Part 6, cl 34 of the Native Vegetation Regulations 2017 and are therefore subject to the approvals pathway described at regulation 16.

    These provisions are being carried over into the Biodiversity Bill and infrastructure will be classified as a ‘specified circumstance’ – see clause 50(12) of the Bill – which requires approval of the Native Plants Clearance Assessment Committee (NPCAC) but is subject to slightly different requirements than other types of clearance. These new arrangements essentially preserve the existing policy settings.

    I hope that helps.

    Emma

    native plants,clearance
    native plants clearance

  • Is it likely that this bill will increase protections for ownership of amphibians? I believe these animals to require extensive care and that the general public should not have such unfettered access to purchasing one as pets without substantial knowledge of their requirements.

    A Rivett asked 2 months ago

    Thanks for your question.

    The draft Biodiversity Bill does not include any changes to the ownership of amphibians.

    The Bill proposes amphibian species that have been assessed as threatened would be recognised as protected animals. The Bill also proposes that the selling and keeping of protected animals is a regulated act or activity which requires a permit.

    All animals require varying levels of expertise in order to look after them appropriately. The welfare of animals, including native animals whether required to be kept under permit or not, falls under the Animal Welfare Act 1985, which specifies that owners must provide adequate and appropriate food, water, living conditions and exercise.

    I hope that helps.

    Emma

    permits,amphibians
    permits amphibians

  • Hello, I note Conservation Agreements are being introduced in this Act. Will this impact on existing Native Vegetation Heritage Agreements on private land? Thanks

    Kirsty Hankel asked 2 months ago

    Thanks for the question, Kirsty.

    Existing Native Vegetation Heritage Agreements will stay exactly as they are. With the repeal of the Native Vegetation Act, the Bill proposes that future Native Vegetation Heritage Agreements will instead be called 'Biodiversity Agreements' while maintaining those current settings for protection in perpetuity.

    Whereas the new 'Conservation Agreements' are designed to be more flexible and can be time limited, though not for a period of less than 20 years.

    There is some more detail in the Explanatory Guide, so feel free to have a look there.

    I hope that helps. Let me know if you'd like more information.

    Emma

    heritage agreements,native vegetation act
    heritage agreements native vegetation act