Biodiversity Bill

Final Stages

The Legislative Council agreed to the bill with the amendments and suggested amendments indicated by the following schedule, to which amendments and suggested amendments the Legislative Council desires the concurrence of the House of Assembly, and which suggested amendments the Legislative Council requests the House of Assembly to make to the said bill:

Schedule of the amendments made by the Legislative Council

No. 1. Clause 3, page 16, line 38 [clause 3(1), definition of infrastructure, (d)]—Delete paragraph (d)

No. 2. Clause 3, page 21, line 3 [clause 3(1), definition of SEB policy]—Delete '175(4)(c)' and substitute '175(4a)(a)'

No. 3. Clause 3, page 21, lines 14 to 18 [clause 3(1), definitions of social infrastructure and social services]—Delete the definitions of social infrastructure and social services

No. 4. Clause 7, page 24, after line 36—After paragraph (c) insert:

(ca) to promote halting and reversing biodiversity loss; and

No. 5. Clause 7, page 24, after line 39—After paragraph (d) insert:

(da) to ensure that biodiversity management takes into account the importance of biodiversity in addressing climate change; and

No. 6. Clause 15, page 29, lines 22 and 23 [clause 15(5)]—

Delete 'may instead recommend for appointment to the Council any person who the Minister considers has the required skills, knowledge or experience' and substitute:

must request that the body nominate a panel of 3 persons or a panel of 3 different persons (as the case requires)

No. 7. Clause 15, page 29, after line 23—After subclause (5) insert:

(5a) If, after the Minister makes a request under subsection (5), the body fails to nominate a panel, or the Minister considers that none of the 3 persons on a panel nominated has the required skills, knowledge or experience, the Minister may instead recommend for appointment to the Council any person who the Minister considers has the required skills, knowledge or experience.

No. 8. Clause 16, page 29, line 40 [clause 16(d)]—Delete paragraph (d) and substitute:

(d) to make the SEB policy and a biodiversity policy relating to environmental benefit credits and to provide advice in relation to other biodiversity policies;

No. 9. Clause 16, page 30, line 2 [clause 16(f)]—Delete 'and the SEB policy'

No. 10. Clause 25, page 33, lines 2 to 4 [clause 25(1)]—Delete subclause (1) and substitute:

(1) The primary function of the Scientific Committee is to make final listing decisions and provisional listings in respect of the designated lists.

No. 11. Clause 25, page 33, lines 11 and 12 [clause 25(2)(c)]—Delete paragraph (c) and substitute:

(c) to review and provide advice on nominations and assessments in relation to listing decisions under Part 6;

No. 12. Clause 73, page 59, after line 31—After subclause (2) insert:

(3) Before recommending eligibility criteria to be prescribed for the purposes of subsection (1), the Minister must consult with the Scientific Committee on the proposed criteria.

No. 13. Clause 75, page 60, line 6—

Delete 'The Minister may make a listing decision in respect of a designated list, being' and substitute:

For the purposes of this Part, a listing decision in respect of a designated list is

No. 14. Clause 76, page 60, line 22 [clause 76(2)]—Delete 'decision' and substitute 'assessment'

No. 15. Clause 76, page 60, after line 30—After subclause (3) insert:

(3a) Before the Minister rejects a nomination, the Minister must seek the advice of the Scientific Committee.

No. 16. Clause 76, page 61, after line 4—After subclause (6) insert:

(6a) After the Minister has complied with subsection (6), the Minister must refer the preliminary listing decision to the Scientific Committee for a final listing decision.

No. 17. Clause 76, page 61, line 5 [clause 76(7)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 18. Clause 76, page 61, line 5 [clause 76(7)]—After 'decision' insert 'in accordance with any requirements prescribed by the regulations and'

No. 19. Clause 76, page 61, lines 7 to 13 [clause 76(8) and (9)]—Delete subclauses (8) and (9) and substitute:

(8) Before the Scientific Committee makes a final listing decision, the Scientific Committee must consider any submissions received in relation to the preliminary listing decision, insofar as the submissions relate to biodiversity conservation.

(9) The Scientific Committee must cause a statement of reasons for the final listing decision to be published on the Biodiversity Register.

No. 20. Clause 77, page 61, line 18 [clause 77(1)]—After 'Minister' insert 'and the Scientific Committee'

No. 21. Clause 78, page 61, line 31 [clause 78(1)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 22. Clause 78, page 61, line 34 [clause 78(1)(a)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 23. Clause 78, page 61, line 36 [clause 78(1)(b)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 24. Clause 78, page 61, line 39 [clause 78(1)(c)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 25. Clause 78, page 62, line 3 [clause 78(1)(d)]—Delete 'Minister' and substitute 'Scientific Committee'

No. 26. Clause 84, page 65, line 6 [clause 84(4)]—Delete 'a listing decision under' and substitute 'the making of a final listing decision of a kind referred to in'

No. 27. Clause 100, page 74, after line 19—After subclause (2) insert:

(2a) If the Minister appoints an officer of a local council to be an authorised officer under this Act, the Minister must reimburse the local council for any reasonable costs incurred by the local council in connection with the appointment.

No. 28. Clause 175, page 123, line 40 [clause 175(1)]—After 'Act' insert:

(other than policies relating to the matters referred to in subsection (4a))

No. 29. Clause 175, page 124, line 1 [clause 175(2)]—Delete 'The Minister' and substitute 'A designated entity'

No. 30. Clause 175, page 124, line 15 [clause 175(4)(c)]—Delete paragraph (c)

No. 31. Clause 175, page 124, line 16 [clause 175(4)(d)]—Delete paragraph (d)

No. 32. Clause 175, page 124, after line 21—After subclause (4) insert:

(4a) The Council must make a biodiversity policy relating to each of the following:

(a) significant environmental benefits (the SEB policy);

(b) environmental benefit credits.

No. 33. Clause 175, page 125, lines 1 and 2 [clause 175(8)]—Delete subclause (8) and substitute:

(8) Before making the SEB policy, the Council must refer the proposed policy to the Minister and take into account any advice provided by the Minister.

No. 34. Clause 175, page 125, line 4 [clause 175(9)(a)]—Delete 'Minister' and substitute 'designated entity'

No. 35. Clause 175, page 125, line 5 [clause 175(9)(b)]—Delete 'Minister' and substitute 'designated entity'

No. 36. Clause 175, page 125, line 8 [clause 175(9)(b)(i)]—Delete 'Minister' and substitute 'designated entity'

No. 37. Clause 175, page 125, line 10 [clause 175(9)(b)(ii)]—Delete 'Minister' and substitute 'designated entity'

No. 38. Clause 175, page 125, line 11 [clause 175(9)(c)]—Delete 'Minister' and substitute 'designated entity'

No. 39. Clause 175, page 125, line 13 [clause 175(9)(d)]—Delete 'Minister' and substitute 'designated entity'

No. 40. Clause 175, page 125, line 15 [clause 175(9)(d)]—Delete 'Minister' and substitute 'designated entity'

No. 41. Clause 175, page 125, line 16 [clause 175(9)(d)]—After 'it' insert ', or causing it to be published,'

No. 42. Clause 175, page 125, line 17 [clause 175(10)]—Delete 'the Minister' and substitute 'a designated entity'

No. 43. Clause 175, page 125, line 18 [clause 175(10)]—After 'made' insert 'by the designated entity'

No. 44. Clause 175, page 125, line 20 [clause 175(11)]—Delete 'The Minister' and substitute 'A designated entity'

No. 45. Clause 175, page 125, line 24 [clause 175(13)]—Delete 'The Minister' and substitute 'A designated entity'

No. 46. Clause 175, page 125, line 24 [clause 175(13)]—After 'policy' insert 'made by the designated entity'

No. 47. Clause 175, page 125, after line 26 [clause 175(14)]—Before the definition of minor amendment insert:

designated entity means—

(a) in relation to a policy referred to in subsection (4a)—the Council; or

(b) in any other case—the Minister;

No. 48. Schedule 1, page 131, after line 34 [Schedule 1 clause 1]—After subclause (1) insert:

(1a) The plan or plans deposited under subclause (1) must define the regulated clearance area so that it constitutes the area to which the Native Vegetation Act 1991 applies at the time the plan is, or plans are, deposited.

No. 49. Schedule 1, page 131, after line 40 [Schedule 1 clause 1]—After subclause (4) insert:

(4a) Before varying the Regulated Clearance Area Plan, the Minister must undertake public consultation on the proposed variation in the manner the Minister considers appropriate for a period of at least 30 days.

No. 50. Schedule 1, page 132, after line 2 [Schedule 1 clause 1]—After subclause (5) insert:

(5a) A notice referred to in subclause (4) must operate so that the instrument referred to in that subclause takes effect at least 4 months after the notice is made.

No. 51. Schedule 2, page 133, after line 7 [Schedule 2 clause 1]—After the definition of forest vegetation insert 'infrastructure includes social infrastructure;'

No. 52. Schedule 2, page 133, after line 21 [Schedule 2 clause 1]—After the definition of SAMFS insert:

social infrastructure means buildings or areas that facilitate the delivery of social services;

social services include health services, disability services, aged care, childcare, education, justice and emergency services, arts and culture, sport and recreation, social housing and any other service provided for community benefit.

No. 53. Schedule 2, page 145, lines 33 and 34 [Schedule 2 clause 29(1)]—Delete subclause (1)

No. 54. Schedule 2, page 145, lines 35 and 36 [Schedule 2 clause 29(2)]—Delete 'that is not pastoral land'

No. 55. Schedule 2, page 146, lines 1 and 2 [Schedule 2 clause 29(3)]—Delete 'that is not pastoral land'

No. 56. Schedule 5, page 173, after line 19—After Part 29 insert:

Part 29A—Amendment of State Development Coordination and Facilitation Act 2025

95A—Amendment of section 19—Interpretation

(1) Section 19(1), definition of protected area, (e)—delete 'and Wildlife'

(2) Section 19(1), definition of protected area, (f)—delete 'heritage agreement under section 23 of the Native Vegetation Act 1991' and substitute:

biodiversity agreement under the Biodiversity Act 2025

95B—Amendment of Schedule 1—Designated Acts

(1) Schedule 1—after the item relating to the Aquaculture Act 2001 insert:

Biodiversity Act 2025;

(2) Schedule 1—delete the item relating to the Native Vegetation Act 1991

Schedule of the suggested amendments made by the Legislative Council

No. 1 Clause 98, page 72, line 1 [clause 98(7)]—After 'biodiversity agreement' insert:

(the original agreement)

No. 2 Clause 98, page 72, line 2 [clause 98(7)]—Delete 'biodiversity agreement' and substitute 'original agreement'

No. 3 Clause 98, page 72, line 7 [clause 98(7)]—Delete 'biodiversity agreement applied' and substitute:

original agreement applied that, in the opinion of the Council, offers the same or more protection for biodiversity on the land than the original agreement

Consideration in committee.

The Hon. S.E. CLOSE: I move:

That the Legislative Council's amendments and suggested amendments be agreed to.

Motion carried.