1Citation
These regulations are the Biodiversity Conservation Regulations 2018.
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Bill homepageThese regulations are the Biodiversity Conservation Regulations 2018.
These regulations come into operation as follows —
Part 1 (other than regulations 3 to 7) — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day on which the Biodiversity Conservation Act 2016 section 278 comes into operation.
In these regulations —
aerial device means a remotely piloted aerial vehicle or a drone;
agricultural activity has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6;
aircraft does not include an aerial device;
approved form means a form approved by the CEO;
biosecurity has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6;
Category A, in relation to fauna, means the category of fauna described in regulation 11(2)(a);
category A firearm means a firearm of category A under the regulations referred to in the Firearms Act 2024 section 8(1);
Category B, in relation to fauna, means the category of fauna described in regulation 11(2)(b);
category B firearm means a firearm of category B under the regulations referred to in the Firearms Act 2024 section 8(1);
Category C, in relation to fauna, means the category of fauna described in regulation 11(2)(c);
CEO guidelines means guidelines issued under regulation 10(1);
class of licence — see regulation 13 (in relation to fauna) and regulation 54 (in relation to flora);
commercial licence means —
a fauna taking (commercial products) licence; or
a fauna taking (commercial purposes) licence; or
a fauna taking (biological assessment) licence; or
a fauna disturbing (commercial interaction) licence; or
a fauna possessing (breeding) licence; or
a fauna processing licence; or
a fauna dealing (general dealer’s) licence; or
a fauna dealing (pet dealer’s) licence; or
a flora taking (commercial purposes) Crown land licence; or
a flora taking (biological assessment) licence; or
a private land supplier’s licence; or
a Crown land supplier’s licence; or
a flora dealing licence; or
a flora processing licence; or
a flora taking (sandalwood) licence; or
a flora supplying (sandalwood) licence; or
a flora dealing (sandalwood) licence; or
a flora processing (sandalwood) licence; or
a bioprospecting licence;
dangerous fauna means fauna that is, or is reasonably perceived to be, a threat (including on account of having a detrimental effect, or being venomous) to —
public health or safety; or
stock or domesticated animals; or
animals on display or held in captivity or confinement;
deal in means —
in relation to fauna — to conduct a business that involves the purchase or supply of fauna; or
in relation to flora — to conduct a business that involves the purchase or supply of flora;
designated Act means any of the following Acts —
the Act;
the Animal Welfare Act 2002;
the Biosecurity and Agriculture Management Act 2007;
the CALM Act;
the Environmental Protection Act 1986;
the Forest Products Act 2000;
a repealed Act;
dolphin means fauna of the family —
Phocoenidae (porpoises); or
Delphinidae (dolphins and related toothed whales), other than killer whales;
dugong means fauna of the species Dugong dugon;
economic damage means damage to property, agricultural activity or infrastructure resulting in a financial loss;
fauna product means —
any viable or non‑viable progeny, larva, embryo, egg, ovum or sperm of fauna; or
any part, product or genetic material of fauna from which other fauna could be produced; or
any other part of fauna; or
the carcass of any fauna;
feed, in relation to fauna, means to supply matter intending it to be eaten by fauna and includes to offer any such matter to fauna;
invertebrate fauna means any fauna of the animal kingdom, other than fauna in the subphylum Vertebrata of the phylum Chordata;
kangaroo means a kangaroo of 1 of the following species —
Western grey kangaroo (Macropus fuliginosus);
Red kangaroo (Osphranter rufus);
Euro (Osphranter robustus);
killer whale means fauna of the species Orcinus orca;
manta ray means fauna of the family Moulidae and includes fauna in the genus Manta;
marine fauna means any of the following fauna when not kept in captivity —
a whale, dolphin or killer whale;
a dugong;
a seal;
a sea turtle;
a whale shark;
a manta ray;
officer, in relation to a body corporate, has the same meaning given in the Corporations Act 2001 (Commonwealth) section 9;
personal watercraft means —
a jet ski; or
an underwater scooter; or
a parasail; or
a remotely operated craft designed to move through the water; or
a wing‑in‑ground effect craft; or
a hydrofoil or hovercraft designed to carry no more than 2 persons; or
a mermaid line; or
a motorised diving aid; or
any other vessel, craft or thing propelled by any form of motor or engine that is designed to be used on or in water and to carry no more than 2 persons;
possess, in relation to fauna, includes —
to keep the fauna for any period of time (including in any form of captivity or confinement); and
to possess the fauna while transporting or moving the fauna, whether the fauna is alive or dead;
repealed Act means —
the Sandalwood Act 1929; or
the Wildlife Conservation Act 1950;
sandalwood tracking form means a sandalwood tracking form created under Part 6;
seal means fauna of the family —
Phocidae (true seals); or
Otariidae (eared seals);
sea turtle means fauna of the family —
Cheloniidae; or
Dermochelyidae;
sign, in relation to a sandalwood tracking form in electronic form, means to create a digital signature (as defined in the Electronic Conveyancing Act 2014 section 3(1)) for the sandalwood tracking form;
specifically controlled sandalwood means —
wood of sandalwood if it has a diameter of greater than 25 mm at the smallest end when stripped of bark; or
roots of sandalwood;
translocate, in relation to flora, means to deliberately transfer a plant, or regenerative plant material, from one place to another (including back to the place where the plant was originally growing) with a view to maintaining or growing a living plant;
vessel means any kind of watercraft —
whether propelled by a motor or engine, sails, paddles or any other means; and
whether underway, drifting or anchored;
veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3;
watercraft includes a boat, ship, hovercraft, personal watercraft, kayak, surf ski, surfboard, sailboard and unmanned watercraft;
whale means any fauna that is a cetacean, other than a dolphin or a killer whale;
whale shark means fauna of the species Rhincodon typus.
[Regulation 3 amended: SL 2022/95 r. 4; SL 2024/298 r. 4.]
The following classes of flora are excluded from the definition of cultivated flora in section 5(1) of the Act —
sandalwood that is sown or regenerated in connection with sandalwood being lawfully taken (whether at the same place or at another place);
flora cultivated or translocated under an approval under Part 7;
flora that is established for the purposes of meeting a requirement under this Act, the Environmental Protection Act 1986, the Mining Act 1978, the Planning and Development Act 2005 or any other written law.
For the purposes of paragraph (b) of the definition of process in section 5(1) of the Act —
things or substances of a prescribed kind are set out in column 2 of the Table; and
prescribed methods for each kind of thing or substance are set out in column 3 of the Table.
Table
Item | Things or substances of a prescribed kind | Prescribed methods |
|---|---|---|
1 | Carved wood, craft wood, wood chips or wood dust | Carving, drilling, shaving, sanding, cutting, grinding, turning, chipping or crushing |
2 | Oil | Extracting (including distillation, using steam, solvents or pressing), or using any separation method |
3 | Log timber and sawn timber | Sawing |
For the purposes of paragraph (a) of the definition of prohibited device in section 5(1) of the Act, a thing specified in Schedule 1 is prescribed as a prohibited device.
For the purposes of paragraph (a) of the definition of prohibited method in section 5(1) of the Act, a method specified in Schedule 2 is prescribed as a prohibited method.
For the purposes of section 38(4) of the Act, a notice seeking nominations may be published on the Department’s website.
For the purposes of section 38(5) of the Act, a nomination —
must be in the approved form; and
must be supported by information required by the approved form; and
may be made by lodging a completed nomination form electronically, or by sending a completed nomination form to the Department’s principal office, in accordance with directions specified by the CEO and published on the Department’s website.
Information provided for the purposes of a nomination must meet any standard, and include any details, required by the approved form.
For the purposes of section 57(2) of the Act, the register must be a record management system (whether in written form, electronic form, or a combination of both) kept at the Department’s principal office.
The register must include the following information in relation to each critical habitat listed under section 54 of the Act —
the mapped location of the habitat (including the boundaries of the habitat);
the biodiversity conservation values associated with the habitat.
For the purposes of section 57(3) of the Act, the CEO must ensure that the register is available for public inspection during normal office hours at the Department’s principal office.
The CEO may, in connection with subregulation (3), keep any information on the register confidential to such extent as the CEO considers reasonably necessary in order to protect a critical habitat from habitat damage (as defined in section 58 of the Act).
The CEO must publish a summary of the register on the Department’s website (in such form as the CEO determines appropriate) which sets out or includes —
a description of the general location of each critical habitat; and
the biodiversity habitat values associated with each critical habitat.
The CEO may issue guidelines for the purposes of this Part.
Without limiting subregulation (1), the CEO guidelines may —
specify processes associated with making an application for a licence under this Part, including by specifying periods of the year in relation to which applications for a particular class of licence may be made; and
specify matters that will be taken into account with respect to the assessment of an application for a particular class of licence; and
provide for circumstances under which the CEO may or may not issue a particular class of licence; and
specify or limit the fauna that may be possessed for the purposes of display under a particular class of licence; and
provide for any matter relating to the display of fauna under a licence; and
provide for any matter relating to the release of fauna held under a licence; and
provide for any other matter determined by the CEO to be relevant to the licensing scheme established by this Part.
The CEO must ensure that the CEO guidelines are published on the Department’s website.
The CEO may at any time amend or revoke the CEO guidelines by further publication on the Department’s website.
The CEO must issue guidelines under regulation 10(1) relating to fauna that may be possessed as pets under these regulations.
The CEO guidelines must specify the following categories of fauna that may be possessed or dealt in as pets —
fauna in relation to which a licence is not required to keep the fauna as a pet, to deal in or display the fauna if it is being kept as a pet, or to import or export the fauna if it is to be kept as a pet (Category A);
fauna in relation to which a standard fauna possessing (pet keeper’s) licence or a standard fauna dealing (pet dealer’s) licence is required (Category B);
fauna in relation to which an advanced fauna possessing (pet keeper’s) licence or an advanced fauna dealing (pet dealer’s) licence is required (Category C).
The CEO may include a species of fauna in Category A if —
the fauna is not threatened fauna or specially protected fauna; and
the fauna is listed in the WA Organisms List published under the Biosecurity and Agriculture Management Act 2007 as a permitted organism, or a declared pest, in the exempt keeping category; and
the CEO considers that the fauna is readily accessible in the pet trade in the State or elsewhere in Australia; and
the CEO considers that the fauna does not meet the criteria specified in subregulation (4)(d) or (5)(b); and
the CEO considers that the fauna meets all of the following criteria —
it is of a species that is not likely to be the subject of illegal trade and is not likely to be illegally taken from the wild;
it is resilient to handling and to being kept in captivity;
it does not have any special feeding or housing requirements;
it is not dangerous to public health or safety;
it does not represent a biosecurity risk;
and
the CEO considers that there is no other reason to justify placing restrictions on the ability of a person to keep the fauna as a pet.
The CEO may include a species of fauna in Category B if —
the fauna is not threatened fauna or specially protected fauna; and
the CEO considers that the fauna is commonly available in the pet trade in the State or elsewhere in Australia; and
the CEO considers that the fauna does not meet the criteria specified in subregulation (5)(b); and
the CEO considers that the fauna meets 1 or more of the following criteria —
it is of a species that may be the subject of illegal trade and is likely to be at risk of being taken from the wild;
its keeping requirements are not adequately known or it has special keeping requirements;
it possesses some risk to public health or safety;
it has high economic value;
it requires the issue of import or export licences on the basis that its trade or movement may represent a biosecurity risk.
The CEO may include a species of fauna in Category C if —
the CEO considers that the fauna is —
available in the pet trade in the State or elsewhere in Australia; or
suitable to be kept as a pet;
and
the CEO considers that the fauna meets 1 or more of the following criteria —
it is of a species that is the subject of, or that is highly likely to be the subject of, illegal trade and is of high risk of being taken from the wild;
it requires specialist keeping facilities or expertise, or is otherwise very difficult to keep in captivity;
it is venomous or otherwise is dangerous to public health or safety;
it has very high economic value;
it requires the issue of import or export licences on the basis that its trade or movement represents a high biosecurity risk.
There is no obligation on the CEO to include a particular species of fauna in CEO guidelines issued for the purposes of this regulation.
For the purposes of this Part —
a person may apply for 2 or more licences; and
the CEO may issue a licence which combines 2 or more licences which would otherwise be separate licences if the CEO considers it appropriate to do so (and such a combined licence may have a name determined by the CEO).
A licence that authorises the taking of fauna or flora may only be granted to an individual.
A licence granted to an individual may also authorise the following —
other specified persons to carry out activities under the licence (or to assist in carrying out such activities);
other persons of a specified class to carry out activities under the licence (or to assist in carrying out such activities).
A person must not assist in the taking of fauna or flora (in circumstances requiring a licence) unless the person is authorised under subregulation (3).
Penalty for this subregulation: a fine of $5 000.
The holder of a licence must not allow a person to assist in the taking of fauna or flora (in circumstances requiring a licence) unless the person is authorised under subregulation (3).
Penalty for this subregulation: a fine of $5 000.
If a provision of these regulations specifies more than 1 activity that may be carried out under the authority of a particular class of licence, the CEO may limit the operation of such a licence so that it only applies to 1 or more activities specified in the licence.
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