Biodiversity Conservation Act 2016

Biodiversity Conservation (Exemptions) Order 2018

 

Biodiversity Conservation (Exemptions) Order 2018

Contents

1.Citation1

2.Commencement1

3.Existing authorities to modify occurrence of threatened ecological community1

4.Activities involving dingoes2

5.Activities involving flora cultivars3

6.Dealing in flora3

Notes

Compilation table5

Defined terms

 

Biodiversity Conservation Act 2016

Biodiversity Conservation (Exemptions) Order 2018

1.Citation

This order is the Biodiversity Conservation (Exemptions) Order 2018.

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.

3.Existing authorities to modify occurrence of threatened ecological community

(1)In this clause —

existing authority means a licence, permit, approval, consent, registration or other authority —

(a)issued, granted, conferred or given under a written law or a State agreement; and

(b)in force immediately before the day on which section 48 of the Act comes into operation; and

(c)in force on the day on which the activity mentioned in subclause (2) is carried out.

(2)An activity that modifies an occurrence of a threatened ecological community is exempt from section 48(1) of the Act in circumstances where —

(a)the activity is authorised by an existing authority; and

(b)the activity is carried out in accordance with any conditions to which the existing authority is subject; and

(c)any clearing permit required under the Environmental Protection Act 1986 in respect of the activity has been obtained.

4.Activities involving dingoes

(1)In this clause —

dingo means an animal that belongs to the native species Canis familiaris dingo.

(2)The activity of taking a dingo is exempt from section 149(1) of the Act.

(3)The activity of possessing a dingo is exempt from section 152(1) of the Act.

(4)The activity of disturbing a dingo is exempt from section 153(1) of the Act.

(5)The activity of using a prohibited device or prohibited method in the taking or disturbance of a dingo is exempt from section 156(1) of the Act.

(6)An occupier of land is exempt from section 156(2) and (3) of the Act in circumstances where the relevant taking or disturbance is the taking or disturbance of a dingo.

(7)The activity of dealing in a dingo is exempt from section 157(1) of the Act.

(8)The activity of processing a dingo is exempt from section 158(2) of the Act.

(9)The activity of importing a dingo is exempt from section 159 of the Act.

(10)The activity of exporting a dingo is exempt from section 160 of the Act.

5.Activities involving flora cultivars

(1)In this clause —

flora cultivar means flora that —

(a)has been produced by selective breeding either through hybridisation or form selection; and

(b)is in a form that is morphologically distinguishable from its parent species growing in the wild.

(2)The activity of supplying a flora cultivar is exempt from section 176(1) of the Act.

(3)The activity of dealing in a flora cultivar is exempt from section 177(1) of the Act.

(4)The activity of processing a flora cultivar is exempt from section 178(2) of the Act.

6.Dealing in flora

(1)In this clause —

flora does not include specifically controlled sandalwood as defined in the Biodiversity Conservation Regulations 2018 regulation 3.

(2)The activity of dealing in flora is exempt from section 177(1) of the Act in circumstances where the flora is purchased from —

(a)the holder of a licence authorising the supply of flora; or

(b)a person who otherwise has lawful authority to supply flora.

(3)The exemption provided for in subclause (2) is subject to the condition that a person who deals in flora in reliance on the exemption must —

(a)make a record of the flora purchased that contains the following information —

(i)a description of the flora;

(ii)the quantity of the flora;

(iii)the day on which the flora is purchased;

(iv)the name and address of the person from whom the flora is purchased;

and

(b)keep the record —

(i)for at least 2 years after the day on which the flora is purchased; and

(ii)at the place where the person deals in flora;

and

(c)make the record available to a wildlife officer if asked by the wildlife officer to do so.

(4)The activity of dealing in flora is also exempt from section 177(1) of the Act in circumstances where the flora is supplied as a living potted plant or by retail directly to the public.

 

 

Notes

1This is a compilation of the Biodiversity Conservation (Exemptions) Order 2018. The following table contains information about that order.

Compilation table

Citation

Gazettal

Commencement

Biodiversity Conservation (Exemptions) Order 2018

21 Dec 2018 p. 4847‑50

cl. 1 and 2: 21 Dec 2018 (see cl. 2(a));
Order other than cl. 1 and 2: 22 Dec 2018 (see cl. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

dingo4(1)

existing authority3(1)

flora6(1)

flora cultivar5(1)