Biodiversity Conservation Act 2016

In section 33(1):

delete paragraph (ca) and insert:

to promote and encourage the use of fauna and flora for therapeutic, scientific, breeding, propagation or cultivation purposes for the good of the people in the State and elsewhere, and to undertake any project or operation relating to the use of fauna or flora for such a purpose; and

in paragraph (cc) delete “conservation of biodiversity throughout” and insert:

delete paragraph (d) and insert:

to promote, encourage and facilitate the conservation, protection and management of biodiversity and biodiversity components in the State; and

to promote, encourage and facilitate the planning for and establishment of a comprehensive, adequate and representative system of reserves for the purposes of conserving, protecting and managing biodiversity and biodiversity components in the State; and

to promote, facilitate and manage nature‑based tourism and recreation, as defined in the Biodiversity Conservation Act 2016 section 190, in the State in accordance with this Act and the Biodiversity Conservation Act 2016; and

delete paragraph (e)(ii) and insert:

the conservation, protection and management of biodiversity and biodiversity components in the State; and

after paragraph (e) insert:

to carry out or cause to be carried out surveys of biodiversity and biodiversity components in the State including surveys of the distribution and abundance of native species and ecological communities as those terms are defined in the Biodiversity Conservation Act 2016 section 5(1); and

to facilitate the implementation of agreements referred to in the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) section 45(2) to which the State is a party; and

after paragraph (g) insert:

to enter into collaborative arrangements with any department, public or private body or other person, whether in the State or elsewhere, for the purposes of performing a function referred to in any of paragraphs (a), (ca), (cc) to (ea) and (gb); and

to perform functions conferred on the CEO under the Biodiversity Conservation Act 2016; and

After section 33(1) insert:

In subsection (1)(ca) —

Delete section 33(6) and insert:

To promote and encourage the use of fauna and flora for the purposes referred to in subsection (1)(ca), the Minister and the CEO may enter into an agreement with another person under which the Minister and the CEO agree to exercise the powers under the Biodiversity Conservation Act 2016 and this Act to grant, issue or refuse licences or permits —

to take flora in a manner that has the effect of conferring on the other person an exclusive or preferential right to take specified flora from specified land (other than private land); or

to take fauna in a manner that has the effect of conferring on the other person an exclusive or preferential right to take specified fauna from specified land (including private land in circumstances where consent to enter the land is obtained from the occupier of the land).

In subsection (6) each of the following terms has the meaning given in the Biodiversity Conservation Act 2016 section 5(1) —

An agreement under subsection (6) may provide for the exercise of powers referred to in that subsection to be conditional on the other person entering into an arrangement with the CEO for the sharing of profits.

Delete section 33(8).

In section 33(1) after each of paragraphs (a) to (bb), (cb), (cc), (da) to (dd), (e), (f) and (g) insert: