New Biodiversity Act reflects key local government asks
The Act absorbs the Native Vegetation Act 1991 and all wildlife components of the National Parks and Wildlife Act 1972, making it the overarching legislation for biodiversity protection in South Australia.
Why this legislation is important
Ongoing biodiversity decline poses a threat to the sustainability and prosperity of regional communities in South Australia.
A modern and sophisticated approach is needed to ensure biodiversity conservation is balanced and enables communities to adapt, thrive and grow.
LGA has been advised by the Deputy Premier that full commencement of the Act is likely to be delayed for up to two years.
This delay reflects the complexity involved in transitioning away from the current legislative framework.
LGA advocacy
While LGA is disappointed the legislation was rushed through Parliament in just over a month, persistent and well-informed advocacy resulted in several important amendments to the Act that will benefit councils. These include:
Representation on Biodiversity Council
LGA retained the right to nominate a local government expert to sit on the new peak governance body – the Biodiversity Council.
Appeals process for vegetation clearance
The Act now includes an appeals mechanism for clearance applications, improving transparency and accountability in decision-making.
Protection of council land management practices
Metropolitan councils can continue managing their lands as they do now, with options to pursue additional biodiversity protections where supported by local communities.
Roadside vegetation clearance simplification
The Act includes a commitment to simplify native plant clearance in road reserves. Guidance materials will be developed during the transition in consultation with stakeholders, such as LGA, ensuring they are fit for field use.
Authorised Officer appointments
The Minister can appoint council employees as authorised officers, but only with written council approval, and councils must be reimbursed for any costs incurred.
Definition of social infrastructure
A new definition of ‘social infrastructure’ was added, expanding exemptions for clearance activities related to the maintenance and development of regional facilities (e.g. health clinics, social housing, sports grounds).
Regional application and public consultation requirements
The Act’s application outside metropolitan Adelaide mirrors current Native Vegetation Act operations. Any proposed changes to the ‘regulated clearance area’ must undergo 30-day public consultation and is subject to parliamentary scrutiny, enhancing decision-making transparency.
Next steps
LGA will remain an active advocate during the two-year transition process, ensuring local voices shape the regulations, plans and policies that will underpin the Act’s operation.
A detailed summary of the final Bill will be provided to members by our Legal Connect partner Norman Waterhouse Lawyers.
Find out more
More information about the new Biodiversity Act can be found on the Department for Environment and Water website.