❓ Dr. Pettitt questions the Minister for Environment regarding the review of the Biodiversity Conservation Act 2016. The Minister responds that a comprehensive review will commence after January 1, 2024, following the full commencement of the Act.
AnsweredQoN 1136Legislative Council
QuestionView source ↗
BIODIVERSITY CONSERVATION ACT — REVIEW
1136. Hon Dr BRAD PETTITT to the minister representing the
Minister for Environment:
Section 277 of the Biodiversity
Conservation Act 2016 states —
Review of Act
(1)
The Minister must carry out a review of the operation and effectiveness of this
Act as soon as is practicable after every 5 th anniversary of the
commencement of this section.
(1) When does the
Minister for Environment propose to commence undertaking a review of the
Biodiversity Conservation Act 2016; and, if the minister is unable to state a date,
why not?
(2) Who will undertake the review of
the act?
(3) When will the
review of the act be completed and a report laid before each house of
Parliament; and, if the minister is unable to state a date, why not?
1136. Hon Dr BRAD PETTITT to the minister representing the
Minister for Environment:
Section 277 of the Biodiversity
Conservation Act 2016 states —
Review of Act
(1)
The Minister must carry out a review of the operation and effectiveness of this
Act as soon as is practicable after every 5 th anniversary of the
commencement of this section.
(1) When does the
Minister for Environment propose to commence undertaking a review of the
Biodiversity Conservation Act 2016; and, if the minister is unable to state a date,
why not?
(2) Who will undertake the review of
the act?
(3) When will the
review of the act be completed and a report laid before each house of
Parliament; and, if the minister is unable to state a date, why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following answer has been provided by the
Minister for Environment.
(1)–(3) Section 277 of the Biodiversity Conservation Act
2016 requires the Minister for Environment to carry out a review of the
operation and effectiveness of the act as soon as practicable after every fifth
anniversary of the commencement of that section. As the commencement of some
parts were dependent on the making of regulations, two commencement
proclamations were made.
The
provisions not already covered by the former Wildlife Conservation Act 1950 or
the Sandalwood Act 1929 became operable on 3 December 2016. The
remaining provisions of the act, other than part 9, did not commence until 1
January 2019, to coincide with the commencement of the Biodiversity
Conservation Regulations 2018. At that time the Wildlife Conservation Act and
the Sandalwood Act were repealed.
Given its staged commencement,
carrying out a comprehensive review as soon as practicable after the five-year
anniversary of the full commencement of the act—that is, after 1
January 2024—is considered the government's preferred approach.
A review on all parts of the act is likely to deliver more useful
recommendations on how the act is performing in its entirety and be of greater
value to stakeholders and the Department of Biodiversity, Conservation and
Attractions. This approach is also considered a better use of resources.
some notice of the question. The following answer has been provided by the
Minister for Environment.
(1)–(3) Section 277 of the Biodiversity Conservation Act
2016 requires the Minister for Environment to carry out a review of the
operation and effectiveness of the act as soon as practicable after every fifth
anniversary of the commencement of that section. As the commencement of some
parts were dependent on the making of regulations, two commencement
proclamations were made.
The
provisions not already covered by the former Wildlife Conservation Act 1950 or
the Sandalwood Act 1929 became operable on 3 December 2016. The
remaining provisions of the act, other than part 9, did not commence until 1
January 2019, to coincide with the commencement of the Biodiversity
Conservation Regulations 2018. At that time the Wildlife Conservation Act and
the Sandalwood Act were repealed.
Given its staged commencement,
carrying out a comprehensive review as soon as practicable after the five-year
anniversary of the full commencement of the act—that is, after 1
January 2024—is considered the government's preferred approach.
A review on all parts of the act is likely to deliver more useful
recommendations on how the act is performing in its entirety and be of greater
value to stakeholders and the Department of Biodiversity, Conservation and
Attractions. This approach is also considered a better use of resources.
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