As is stated in the Consultation Paper overview (page 7), the Act must differ from the present Wildlife Conservation Act in protecting biodiversity in WA by being “wider in its application,…more open to community input and processes” and it must “contain more effective decision-making and enforcement mechanisms, incorporate mechanisms to facilitate community conservation efforts, and, as far as possible, address the root causes of biodiversity loss”.

The PPG advocates that to implement any management plan under the proposed Act, clearly defined policies must be formulated and a clearly defined legal structure implemented.  There must also be adequate provision of resources and funding in administration, and in restoration and education projects.  It is our opinion that ongoing well-funded research is vital and an essential need to assess and review the legislation every five or 10 years to keep the Act strong and relevant.  Looking after remnant areas may be the cheapest way to preserve biodiversity, but it requires sound management and good resources.

In order to protect biodiversity, and not just species, the new Act will “protect threatened ecological communities as listed by the Minister”.

§         This is an important development, which implies that inventories/lists of specified populations of biological entities must be maintained and developed using internationally agreed on standards used by the World Conservation Union.

§         There must be resources for appropriate experts.  Genetic diversity and ecosystem diversity must be considered.  There should be room for public participation in listing the threatened species

“Species for which a need for special protection exists for any other reason…”

         This needs clarification but the Minister should have room for flexibility.

§In the new Act, the process for listing threatened species should be transparent with an independent scientific body to provide advice to the Minister on such listings.  As suggested in the Consultation Paper, it is also good to know that the “public will also be able to nominate threatened species and ecological communities as well as key threatening processes for listing”. 

“In addition, in the case of decisions that could reasonably be expected to result in the extinction or total destruction of a species or ecological community…”

         In granting licences, it must be ensured that the new Act will protect those ecological processes that should be protected.  The Parliament should be able to disallow the Minister’s decision to give a licence where a licence may result in a species extinction.

Before a licence is given to clear or develop land, fauna and flora surveys should be required, especially for flora in seasons when flowering occurs for particular species, and for fauna during the breeding and nesting seasons.  Translocation of fauna to appropriate habitats, taking into account the size of population in the new area and the plant species available.

§         There should be allowances for public participation in approval process.

Page 12: Modern enforcement provisions

§         Agree that present penalties for “after the event” offences are inadequate.

§         Agree that fines must be a real deterrent in the new Biodiversity Conservation Act.  

§         Should allow a third party to apply for an injunction to restrain unlawful acts that will affect threatened species or ecological communities.  At present the “beyond a reasonable doubt” clause is really hard to prove.  Better/easier to just list critical habitat.  

Page 13:  Application to Government

Agree that new Act should bind “State agencies and, so far as it is legally possible, Commonwealth agencies”.

Page 13:  Protection of habitat – Critical habitat

§         Agree that the new Act will “allow the Minister to identify habitat critical to the survival of a species or ecological communities”, and that a “database of such habitat must be maintained”.  Resources must be earmarked. 

§         Agree that the Minister must have “the power to issue a conservation order to protect critical habitat”.  Must ensure that Government departments also apply for a licence if there is to be disturbance of fauna and flora.  Forest contractors must also acquire appropriate licensing before harvesting and that clear and specific control programs are put in place in relation to enforcement if regulations are ignored or broken.  These licences must also be reviewed regularly.

Page 14: Nature Conservation covenants

Support new conservation covenant provisions that will allow landholders to enter into positive management obligations in exchange for the relevant Minister waiving rates, taxes and charges with local safeguards, such as the ongoing assistance and expert advice being given by DCLM’s stewardship program.

Page 15:  Controlling threatening processes – General controls

Agree that the new Act should enable the Minister to list a threatening process as a Key threatening process and government should have power to pass regulations to control the impacts of the threatening process on native animals and plants.  

Page15:  Special controls for biological threats

§         There must be adequate resources provided so that eradication, reduction or containment of environmental weeds and pests can be carried out.

§         The State Weed Strategy needs to be fully implemented and the problems presented by genetically modified organism and their effect on the ecosystems must be rigorously researched and controlled before any introduction is allowed.

§         New act will be weak where it will impose an obligation on the Chief Executive Officer of DCLM to reduce, contain or eradicate environmental weeds or pests on land the department manages subject to the practicability of doing so and the availability of resources.

§        All departments, agencies and Statutory Authorities must be accountable under the Act.

§         Provisions to be in place to control such threatening processes as fire or clearing.

Page 16: “Conservation offset” conditions 

§         PPG believes the proposal for these “conservation offset” conditions to be “too slippery”.  What is meant by a “certain activity” what does this range from and to, and who decides?  We reiterate that clearly defined structures are needed for the clarification and enforcement of the new Act.

                                                                           Page 17:  Bilateral agreements

§         It is important to implement Australia’s obligation under international treaties and conventions, such as the Ramsar Convention.  No development should go ahead on land that has been designated by the Ramsar Convention and a clearly defined buffer zone with a minimum of 50 metres must surround and protect such land.

§         PPG believes that a Sustainability Commission should be established and be headed by a member of the Cabinet who would oversee a whole government approach that would include the EPA, the DEP and a Biodiversity Commission with a sustainable economic management wing as a separate entity. The Marine Parks and Reserves Authority and the Conservation Commission should also come under the Sustainability Commission and the Biodiversity Act.     Adequate resources and funding must be made available.

§         Support the Overview, Objectives and General Controls, but suggest that the process for acquiring a licence be straightforward and accessible to the community, such as setting up dedicated licensing centres to obtain licences from DCLM offices.

§         Government departments should also need approvals in the form of a licence. Will Local Government Planning Schemes be reviewed and controlled?  It would be pointless to have the new Act in place and then have local councils ignore it through their Town Planning Schemes.

                                                                           Page 23: Bioprospecting§     This is complex and definitely requires a consulting process.  It needs clear boundaries, clear licensing procedures, and clear “regulations” across marine and terrestrial bioprospecting activities.

       Support that the new Act will respect native title and protect customary use of biological resources that takes place in accordance with traditional cultural practices.

§       Agree that comment should be sought about how ecological sustainability can be best achieved. 

All biota and their ecosystems, whether marine or terrestrial, need more protection if all flora and fauna in WA are to be conserved and passed on to future generations.  However, the new Act must override the old Act and be effective enough to truly protect WA’s flora and fauna.

The setting up of a Sustainability Commission to oversee and incorporate both the Conservation Commission and the Marine Parks and Reserves Authority in the Biodiversity System is essential.  

The PPG is concerned, however, that there is no mention of the Department of Environment Protection or the recent amendments to the Environmental Protection Act protecting native vegetation in WA.  Community involvement should also be respected more in the setting up and implementation of management plans based on the new Act.