New legislation to protect flora and fauna

New legislation has been drafted by the State Government which is aimed at ensuring Western Australia's valuable fauna and flora are protected from extinction and exploitation. 

Environment Minister Jim McGinty today released the draft Wildlife Conservation Bill for public comment and input as part of the Government's plans to replace the existing Wildlife Conservation Act next year. 

"The current Act is outdated and inadequate and improvements are needed to provide greater protection to the State's threatened wildlife, marine animals and flora," Mr McGinty said. 

"Draft replacement legislation has now been prepared, however, the bill is not 'set in stone' and its release as a Green paper is designed to encourage comment and submissions from the community." 

Mr McGinty said the draft bill attempted to enhance conservation efforts and limit activities which threatened flora and fauna. 

"For example, the existing Act has no ability to protect significant sites where flora or fauna, or particular habitats occur.  The draft legislation proposes that the Environment Minister be able to declare areas as 'protected sites' - which would prohibit or regulate development and override planning schemes," Mr McGinty said. 

"There are also many landholders who wish to contribute to the conservation of fauna and flora, the draft bill would ensure that formal protection be given to areas of conservation value on their land through voluntary nature conservation covenants." 

Penalties for unlawfully taking rare fauna and flora would also be substantially increased. 

"Under the current Act, offenders face a $10,000 fine, however, it is proposed that individuals would face a maximum fine of $60,000 and 18 months imprisonment while a corporate body would receive a $100,000 penalty. 

"When fauna or flora is unlawfully taken, it often goes hand-in-hand with the destruction or disruption of habitat - provisions in the new Bill would enable a magistrate to issue an order for restitution or repair in such cases." 

Mr McGinty said that other provisions in the draft legislation included powers enabling the Environment Minister to:

·         place restrictions on introduced animals and plants that may be injurious to native fauna and flora; 

·         enable introduced plants to be prescribed as environmental weeds and that measures be taken to eradicate or contain them; 

·         allow a beach where marine animals are stranded to be closed so that rescue operations are not impeded and can be properly dealt with; 

·         propose administrative improvements to the management of the wildflower picking industry to ensure the conservation of flora and maintain the long-term viability of exports; 

·         replace the current gazettal notice procedure with Ministerial regulations which would be scrutinised by State Parliament. 

"The draft Wildlife Conservation Bill is a comprehensive replacement of the existing Act and contains provisions which are considerably broader than the Commonwealth legislation currently in the Senate which deals with endangered species," Mr McGinty said.

"Unfortunately, the manner in which the Commonwealth Bill has been treated in the public arena has led to a polarisation of opinion which may affect people's attitudes towards our proposals here in Western Australia - however, I am confident the draft legislation will be given fair consideration by interest groups." 

Mr McGinty said he would be forwarding copies of the Green Paper to peak interest groups and would welcome comments from the community. 

"I want to work with Western Australians to ensure that we have legislation in this State that will guarantee future generations see and enjoy our wildlife heritage," he said.

Written submissions on the draft Bill will close on February 12 and copies of the Green Paper are available from the Department of Conservation and Land Management, Hackett Drive, Crawley.