MidCoast Council Flying-fox Camp Management Plan
4.2.2
Biodiversity Conservation Act 2016
The purpose of the Biodiversity Conservation Act 2016 (BC Act) is to conserve biodiversity at the bioregional and state scales. Under this Act, a person who harms or attempts to harm an animal of a threatened species, an animal that is part of a threatened ecological community, or a protected animal, is guilty of an offence. The Grey-headed Flying-fox is listed as threatened under the BC Act. A biodiversity conservation licence under Part 2 of the BC Act may be required if the proposed action is likely to result in one or more of the following: a. harm to an animal that is a threatened species, or part of a threatened population b. the picking of a plant that is a threatened species, or part of a threatened population or ecological community c. damage to habitat of a threatened species, population or ecological community d. damage to a declared area of outstanding biodiversity conservation value. If the Department assesses a biodiversity conservation licence application and determines that a significant impact is unlikely, a biodiversity conservation licence will be granted (the appendix to the Policy lists standard conditions for flying-fox management approvals). The Department regulates flying-fox camp management through two options provided to land managers: • authorisation under the Flying-fox Camp Management Code of Practice for public land managers • licensing for public and private land managers. The Code of Practice provides a defence under the BC Act for public land managers, as long as camp management actions are carried out in accordance with the Code of Practice. Proposed actions that would otherwise constitute an offence under the BC Act can be authorised under another law.
4.2.3
Prevention of Cruelty to Animals Act 1979
It is an offence under this Act if there is evidence of unreasonable/unnecessary torment associated with management activities. Adhering to welfare and conservation measures provided in Section 10.3 will ensure compliance with this Act.
4.2.4
Environmental Planning and Assessment Act 1979
The objects of the Environmental Planning and Assessment Act 1979 (EP&A Act) are to encourage proper management, development and conservation of resources, for the purpose of the social and economic welfare of the community and a better environment. It also aims to share responsibility for environmental planning between different levels of government and promote public participation in environmental planning and assessment. The EP&A Act is administered by the DPIE. Development control plans under the Act should consider flying-fox camps so that planning, design and construction of future developments is appropriate to avoid future conflict. Development under Part 4 of the Act does not require licensing under the BC Act. Where public authorities such as local councils undertake development under Part 5 of the EP&A Act (known as ‘development without consent’ or ‘activity’), assessment and licensing under the BC Act may not be required; however, a full consideration of the development’s potential impacts on threatened species will be required in all cases.
58
