Legislation

• Whole-of-Government Policy on Planting Indigenous Species
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At the international level, Australia is signatory to a number of treaties dealing with conservation on a worldwide scale. Details of these treaties can be found in links to the appropriate areas of the Commonwealth Conservation Agency. The Department for Environment and Heritage must ensure that these treaties are adhered to in the day-to-day management of conservation in South Australia.

The State legislation addressing the protection and management of South Australian wildlife (that is, its native plants and animals) and its habitat is divided into two broad groups: legislation that protects areas and plants and animals directly, and legislation that integrates the conservation of this biological diversity with other land management approaches.

The National Parks and Wildlife Act 1972 allows for the protection of habitat and wildlife through the establishment of parks and reserves (both on land and in State waters) and provides for the use of wildlife through a system of permits allowing certain actions, ie. keeping, selling, trading, harvesting, farming, hunting and the destruction of native species.

The Botanic Gardens and State Herbarium Act 1978 supports plant biodiversity research and management of the plant collections in the State Herbarium.

The Wilderness Protection Act 1992 allows for the identification and establishment of wilderness areas where natural processes of births, deaths and change over time can occur without undue human influences.

The Natural Resources Management Act 2004 is to assist in the achievement of ecologically sustainable development in the State by establishing an integrated scheme to promote of the use and management of natural resources that recognises and protects the intrinsic values of natural resources.

The function of the Native Vegetation Act 1991 is to retain and encourage management of South Australia’s remaining native vegetation while providing a regulatory framework to allow clearance of vegetation where it is necessary for the State’s economic development.

The Prevention of Cruelty to Animals Act 1985 (humane treatment of animals), and the Dog and Cat Management Act 1995 (responsible ownership of dogs and cats) are also administered by the Department for Environment and Heritage although enforcement is by the Royal Society for the Prevention of Cruelty to Animals and Local Government respectively.

Other legislation which influences the protection and management of South Australian biodiversity include the Fire and Emergency Services Act 2005 (wildfire management in our National Parks and Reserves), the Fisheries Act 1982 (harvest of fish and protection of marine habitat), the Forestry Act 1950 (establishment of forest reserves), the Pastoral Land Management and Conservation Act 1989 (addresses the management of pastoral leases, about 40% by area of South Australia, to allow sheep and cattle grazing on our rangelands in a way that will not jeopardise the survival of the native plants and animals of these rangelands).

The Environment Protection and Biodiversity Conservation Act 1999 establishes a Commonwealth process for assessment of proposed actions that are likely to have a significant impact on matters of national environmental significance or on Commonwealth land.

Whole-of-Government Policy on Planting Indigenous Species

Cabinet has approved a State-wide Policy that directs Government Agencies managing Crown Land or significantly funding revegetation programs to give priority to the use of locally indigenous South Australian plant species.

The Policy was prepared by a multi-departmental working group representing the major State Agencies involved in vegetation planting and landscape.

The Policy requires all State Government Agencies managing public land or funding revegetation programs to assess and wherever appropriate use locally indigenous plant species. The Policy provides a number of instances where implementation of the Policy may be varied for legitimate reasons.

The Policy does not specifically apply to Local Government Agencies, however Councils are encouraged to use the Policy as a basis for developing their own policies on the use of indigenous plant species.

Planting Indigenous Species Policy (100Kb PDF)

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