South Australia’s broken biodiversity legislation

24 09 2018

It might come as a bit of shock to some who might give more than a shit about our State’s environmental integrity that there is no dedicated legislation to protect biodiversity in South Australia today.

What? Well, ok, we do have the Native Vegetation Act that is supposed to restrict the clearing of existing native vegetation (of which there is precious little left), and the National Parks and Wildlife Act 1972 to legislate protected areas and species endangerment. We also have the Wilderness Protection Act 1992 that addresses wilderness protection and land restoration, and the Natural Resource Management Act 2004 that is designed to promote sustainable and integrated management of the State’s natural resources. Finally, the South Australia Environment Protection Authority operates under various acts1 to limit environmental damage.

However, South Australia has no act specifically focussed on biodiversity conservation, and the legislation that does exist does not even consider invertebrates (like insects) as animals — because most animals are in fact invertebrates, this means that most of South Australia’s species are ineligible for official threat listing, even if they have a high risk of extinction.

If you recall, I reported in July this year that in 2017 we had a Parliamentary Inquiry into Biodiversity2, which concluded that existing environmental legislation in South Australia “… lacks cohesion and consistency, particularly regarding enforcement and compliance provisions”.

In my judgement, therefore, an entirely new, biodiversity-focussed act would add legislative teeth to biodiversity conservation in South Australia. As it turns out, that very same Parliamentary Inquiry into Biodiversity I mentioned above recommended3 the creation of a Biodiversity Expert Panel to reform the legislative framework of environmental protection. Thus, the new Government of South Australia has the perfect opportunity to do so under their proposed changes to natural resource management legislation. Following these calls for reform and the new direction of Nature of SA, there is a real opportunity here for statutory reform that includes integrated biodiversity legislation analogous to the New South Wales Biodiversity Conservation Act 2016.

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