Biodiversity Conservation (Exemptions) Order 2018 (WA)

Western Australia Biodiversity Conservation Act 2016 Biodiversity Conservation (Exemptions) Order 2018 Western Australia Biodiversity Conservation (Exemptions) Order 2018 Contents 1. Citation 1 2. Commencement 1 3. Existing authorities to modify occurrence of threatened ecological community 1 4. Activities involving dingoes 2 5. Activities involving flora cultivars 3 6. Dealing in flora 3 7. Bush fire mitigation and suppression activities 4 Notes Compilation table 7 Defined terms Biodiversity Conservation Act 2016 Biodiversity Conservation (Exemptions) Order 2018

1. Citation This order is the Biodiversity Conservation (Exemptions) Order 2018.

2. Commencement This order comes into operation as follows — (a) clauses 1 and 2 — on the day on which this order is published in the Gazette; (b) the rest of the order — on the day after that day.

3. Existing authorities to modify occurrence of threatened ecological community (1) In this clause — existing authority means a licence, permit, approval, consent, registration or other authority — (a) issued, granted, conferred or given under a written law or a State agreement; and (b) in force immediately before the day on which section 48 of the Act comes into operation; and (c) in force on the day on which the activity mentioned in subclause (2) is carried out. (2) An activity that modifies an occurrence of a threatened ecological community is exempt from section 48(1) of the Act in circumstances where — (a) the activity is authorised by an existing authority; and (b) the activity is carried out in accordance with any conditions to which the existing authority is subject; and (c) any clearing permit required under the Environmental Protection Act 1986 in respect of the activity has been obtained.

4. Activities involving dingoes (1) In this clause — biosecurity requirement means — (a) a pest exclusion notice under the Biosecurity and Agriculture Management Act 2007 section 27(1); or (b) a requirement to take prescribed control measures under the Biosecurity and Agriculture Management Act 2007 section 30(3); or (c) a pest control notice under the Biosecurity and Agriculture Management Act 2007 section 31(1); dingo means an animal that belongs to the native species Canis familiaris dingo (also referred to as Canis lupus dingo). (2) A person who takes a dingo is exempt from section 149(1) of the Act in relation to that taking if the person takes the dingo in accordance with a biosecurity requirement. (3) A person who possesses a dingo is exempt from section 152(1) of the Act in relation to that possession. (4) A person who disturbs a dingo is exempt from section 153(1) of the Act in relation to that disturbance if the person disturbs the dingo in accordance with a biosecurity requirement. [Clause 4 inserted: Gazette 5 Nov 2019 p. 3878‑9.]