Purpose:

To conserve and protect biodiversity and biodiversity components in Western Australia, promote their ecologically sustainable use, and repeal the Wildlife Conservation Act 1950 and the Sandalwood Act 1929.

Objectives:

• To conserve and protect biodiversity and biodiversity components in the State.
• To promote the ecologically sustainable use of biodiversity components in the State.

Key Provisions:

• Establishment of categories for listing specially protected species, threatened species, and extinct species, including criteria for each.
• Establishment of categories for listing threatened ecological communities and collapsed ecological communities, including criteria for each.
• Provision for listing key threatening processes and their criteria.
• Authorisation for taking or disturbance of threatened species and modification of threatened ecological communities, subject to conditions and parliamentary approval for certain high-impact proposals.
• Duty to report occurrences of threatened species and threatened ecological communities for certain field work.
• Provisions for listing and managing critical habitats, including the issuance of habitat conservation notices to prevent or remedy damage.
• Establishment of biodiversity management programmes for the conservation, protection, and management of native species (other than threatened), ecological communities (other than threatened), and critical habitats.
• Development and implementation of recovery plans and interim recovery plans for threatened species and threatened ecological communities.
• Authority for the Minister to enter into biodiversity conservation agreements with land owners or occupiers to promote biodiversity conservation.
• Provision for owners of land to enter into biodiversity conservation covenants with the CEO for conservation purposes, which bind successive owners.
• Vesting of property in fauna and flora (with exceptions for cultivated flora) in the State, and regulating their taking, possession, disturbance, dealing, processing, import, and export.
• Provisions for taking or disturbance of fauna and flora by Aboriginal people for customary purposes, subject to certain conditions and restrictions.
• Regulations for nature-based tourism and recreation activities related to native species and their habitats.
• Enforcement powers for wildlife officers, including inspection, seizure, remedial action, and entry warrants.
• Legal proceedings provisions for offences, including penalties, liability of certain persons, and remediation orders.

Evidence of Compliance Requirements For Agricultural Organisations:

• Reporting Occurrence of Threatened Species (s. 43):
  • Action Needed: If carrying out field work for an assessment under the Environmental Protection Act 1986 Part IV or for a clearing permit application (s. 51E(1)(d) or (1A)), and an occurrence of a threatened species is found, the person must report its presence to the CEO.
  • Documentation/Action: A report may be made orally or in writing.
• Reporting Occurrence of Threatened Ecological Community (s. 49):
  • Action Needed: If carrying out field work for an assessment under the Environmental Protection Act 1986 Part IV or for a clearing permit application (s. 51E(1)(d)), and an occurrence of a threatened ecological community is found, the person must report its presence to the CEO.
  • Documentation/Action: A report may be made orally or in writing.
• Duty to Notify CEO of Change in Ownership or Occupation (s. 52, s. 66, s. 119, s. 131):
  • Action Needed: If an owner of land receives a notice from the Minister regarding the presence of a threatened species/community (s. 50(1)), or if a notification of a habitat conservation notice (s. 63(1)) or biodiversity conservation agreement (s. 117(1)) or biodiversity conservation covenant (s. 127(3)) is lodged/registered in respect of their land, the owner must provide written notice to the CEO if that person ceases to be an owner or if that person or another person ceases to be an occupier.
  • Documentation/Action: Written notice to the CEO, detailing the change in ownership or occupation, including the name and address of the next owner or occupier (if known).
  • Time Frame: Notice must be given within 60 days after the day on which the change occurs.
• Informing Visitors of Threatened Species or Ecological Community (s. 53):
  • Action Needed: If a notice about a threatened species/community has been given or registered on land, and the owner/occupier permits or knows another person will access the land, and knows that person’s activities are likely to result in taking the species or modifying the community in contravention of the Act, the owner/occupier must take all reasonably available steps to inform the person of the species/community’s presence.
• Compliance with Habitat Conservation Notices (s. 65):
  • Action Needed: Persons bound by a habitat conservation notice must not contravene the notice. Notices may require specified measures within a specified period to repair habitat damage, re-establish and maintain critical habitat, prevent erosion/drift, or ensure land/watercourses/wetlands are not damaged.
  • Time Frame: As specified in the notice.
• Taking, Possessing, Disturbing, Dealing, Processing, Importing, Exporting Fauna (Part 10, Division 1):
  • Action Needed: Generally prohibited unless the person has “lawful authority” (e.g., a licence, authorisation under s. 40, or specific defences apply).
  • Documentation/Action: Obtain and comply with conditions of licences (s. 157, s. 158, s. 159, s. 160) or authorisations (s. 150).
  • Record-keeping: Regulations may prescribe requirements related to licensing and record-keeping (s. 256, Sch 1).
  • Inspection/Audit: Wildlife officers can enter premises, vehicles, obtain records, and give directions for inspection purposes related to compliance (Part 12).
• Feeding Fauna (s. 155):
  • Action Needed: Prohibited unless the person has lawful authority to feed it.
  • Documentation/Action: Obtain and comply with a licence or other lawful authority.
• Use of Prohibited Device/Method when Taking or Disturbing Fauna (s. 156):
  • Action Needed: Prohibited to use, or allow the use of, any prohibited device or method when taking or disturbing fauna. Occupiers must not allow prohibited devices on land if they know or ought reasonably know they are for taking/disturbing fauna.
• Releasing Fauna (s. 162):
  • Action Needed: Prohibited unless the person has lawful authority to release it. Regulations may prohibit, control, or regulate the release of injured or abandoned fauna (s. 161(3)(e)).
  • Documentation/Action: Obtain and comply with a licence or other lawful authority.
• Taking Flora (s. 171):
  • Action Needed: On Crown land, prohibited unless engaged in non-offending clearing under Environmental Protection Act 1986 or has lawful authority. On private land, prohibited unless owner/occupier or authorised by them in a prescribed way. Does not apply to threatened flora, cultivated flora, or sandalwood.
  • Documentation/Action: Obtain and comply with a licence or other lawful authority.
• Taking Sandalwood (s. 172):
  • Action Needed: Prohibited on Crown or private land unless engaged in non-offending clearing under Environmental Protection Act 1986 or has lawful authority. Being an owner/occupier of private land does not, by itself, grant lawful authority for sandalwood.
  • Documentation/Action: Obtain and comply with a licence or other lawful authority.
• Taking Threatened Flora (s. 173):
  • Action Needed: Prohibited on Crown or private land unless authorised under s. 40 and complies with conditions. On private land, also requires being owner/occupier or authorised by them in the prescribed way. Does not apply to cultivated flora.
  • Documentation/Action: Obtain and comply with an authorisation under s. 40.
• Use of Prohibited Device/Method when Taking Flora (s. 175):
  • Action Needed: Prohibited to use, or allow the use of, any prohibited device or method when taking flora.
• Supplying, Dealing, Processing, Exporting Flora (Part 10, Division 2):
  • Action Needed: Generally prohibited unless under the authority of a licence or other lawful authority. For exporting, the flora must have been lawfully taken or lawfully supplied.
  • Documentation/Action: Obtain and comply with conditions of licences (s. 176, s. 177, s. 178) or lawful authority (s. 179).
  • Record-keeping: Regulations may prescribe requirements related to licensing and record-keeping (s. 256, Sch 1).
  • Inspection/Audit: Wildlife officers can enter premises, vehicles, obtain records, and give directions for inspection purposes related to compliance (Part 12).
• Compliance with Biodiversity Conservation Covenants (s. 130):
  • Action Needed: Persons bound by a biodiversity conservation covenant must not contravene the covenant. Covenants may restrict land use, type of works, or require specified actions/manner of actions on the land.
  • Record-keeping: Covenants are lodged and registered with the Registrar (s. 127), and modifications/cancellations also require notice to the Registrar (s. 128).
• Compliance with Directions (s. 226):
  • Action Needed: A person must not contravene a direction given by a wildlife officer under the Act. Directions can be given orally or in writing. Oral directions must be confirmed in writing within 5 business days, unless complied with or cancelled.
  • Time Frame: As specified by the wildlife officer (s. 220).
• Providing Information (s. 227):
  • Action Needed: A person must not give false or misleading information to a wildlife officer carrying out functions under the Act. This includes making false statements, omitting material information, or providing false/misleading records or documents.
  • Record-keeping: Records obtained by wildlife officers are subject to requirements (s. 204).
• Exemptions from Act (s. 271):
  • Action Needed: If an exemption is granted, any specified conditions must be complied with, otherwise the exemption has no effect.
  • Measurement Standards/Reporting: Compliance with specific conditions or standards may be specified in the exemption order.

Metadata Keywords:

Biodiversity, Conservation, Fauna, Flora, Western Australia, Environmental Law, Agriculture, Land Management, Species Protection, Ecological Communities.

Publication Information:

Publication date: 04 Nov 2023 Version number: 00-h0-01

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_46642.pdf/$FILE/Biodiversity%20Conservation%20Act%202016%20-%20%5B00-h0-01%5D.pdf?OpenElement →