Environment

SA launches first ever Biodiversity Act to protect native wildlife, with hefty fines introduced

South Australia has introduced its inaugural Biodiversity Act, enhancing protection for native species and habitats while supporting economic growth through improved and streamlined environmental regulations.

South Australia has introduced its inaugural Biodiversity Act to the State Parliament, marking a significant shift in the state’s approach to environmental conservation. This new legislation includes robust measures aimed at safeguarding the state’s flora and fauna, enhancing resilience to climate change, and streamlining processes for development projects.

The Biodiversity Act is a culmination of two years of planning and consultations involving environmental scientists, economists, primary producers, miners, and development planners. It is designed to centralize various biodiversity considerations that were previously scattered across multiple legislative documents.

The need for such an Act is underscored by the 2025 Global Risks Report from the World Economic Forum, which ranks biodiversity loss and ecosystem collapse as the globe’s second most significant long-term threat, only trailing extreme weather events. The new Act corresponds with the SA Government’s investment of $15 million over recent budgets towards biodiversity data gathering, protection of native vegetation, and evaluation of threatened species. These efforts assist in protecting nature and refining planning decisions.

The Act features several key components aimed at strengthening environmental safeguarding. It establishes a general duty, requiring all South Australians to contribute to biodiversity protection. It also enhances laws around native plants, introduces more stringent penalties to deter environmental harm, and implements a new process for identifying and protecting habitats critical for the survival of threatened species. Additionally, it revises the process for listing threatened species and ecological communities, aligning it with the standards of other Australian jurisdictions and incorporating expert advice from scientific committees.

Significant penalty increases are also part of the Act. Businesses found harming or trafficking native animals or illegally clearing habitats could face fines up to $500,000, which is a substantial increase from current penalties ranging from $2,500 to $100,000. For individuals, the new penalties could be as severe as $250,000 or five years’ imprisonment for offences involving the killing, catching, restraining, injuring, keeping, or interfering with protected animals.

Deputy Premier and Minister for Climate, Environment and Water, Susan Close MP spoke about the dual focus of the Act on halting environmental harm and promoting restoration. “We not only have to stop harming nature, but we also have to restore nature to create a stronger collective future for all South Australians,” she stated.

Tim Jarvis AM, the Biodiversity Act Ambassador (pictured above), commended the initiative, and the leadership South Australia is demonstrating on crucial environmental issues. He said, “Creating the state’s first Biodiversity Act is a wonderful initiative and an example of South Australia again taking leadership on a critical environmental issue.
 
“The state’s focus on renewable energy shows that, by taking action, we’re not contributing to issues like climate change, but we also need to restore nature to look after us and physically remove excess carbon dioxide from the atmosphere.
 
“It’s about thinking differently and focusing on regeneration, rather than just sustainability. It’s also about showing that South Australia is a great place to do business if you are concerned about the environment – and businesses and our trading partners will regard that as a positive step.”

This legislative framework represents a crucial step in balancing environmental conservation with economic growth, ensuring South Australia remains a vibrant state that values both its natural heritage and its development potential. The Biodiversity Act promises to set a benchmark for environmental protection in South Australia, offering a model that could potentially inspire similar actions nationwide.

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