A New Chapter for Nature: South Australia’s Biodiversity Act 2025

On 18 June 2025, South Australia’s Parliament passed the landmark Biodiversity Act 2025 — a once-in-a-generation reform that gives our plants, animals, and ecosystems a stronger voice in how our State grows and develops.

For those of us here on the southern Fleurieu Peninsula, this isn’t just “big city politics” — this is legislation that will shape how we live alongside our incredible coastal, river, and bushland environments for decades to come.

Why This Act Matters

If the environment had a lawyer, the Biodiversity Act would be the brief it always wanted — one clear, modern law that says:

“Everyone has a role in looking after nature, and we’ll hold each other accountable for doing it.”

The Act’s core intentions are:

• Shared Responsibility – Everyone (government, industry, developers, farmers, community members) plays a part in protecting biodiversity.
• Respect for First Nations Knowledge – Aboriginal people’s deep, long-standing understanding of Country is embedded in decision-making.
• Protect and Restore – Not just stopping further loss, but actively restoring damaged habitats and species populations.
• Climate Resilience – Ensuring our ecosystems can cope with the changes ahead.
• Evidence based decision-making – ensuring that science and research underpin decisions that will affect our environment

What’s Different?

Before this, biodiversity protection rules were scattered across older laws like the Native Vegetation Act 1991 and parts of the National Parks and Wildlife Act 1972.

The Biodiversity Act pulls them together, removes duplication, and adds modern tools to handle today’s challenges.

Key features include:

1. A General Duty of Care

Everyone proposing an activity — from a large development to a small rural project — must take all reasonable steps to avoid harming biodiversity.

2. The Mitigation Hierarchy

Before you start anything that could cause harm, you must follow these steps in order:

1. Avoid – Can you plan it differently so there’s no damage?
2. Minimise – If you can’t avoid, reduce the scale of impact.
3. Restore – Repair what’s been damaged.
4. Offset – As a last resort, provide equivalent biodiversity gains elsewhere.

3. Tougher Penalties

Deliberately clearing protected vegetation or harming listed species can now mean fines of up to $500,000 for businesses or $250,000 (and up to 5 years' jail) for individuals.

4. New Expert Bodies

Four committees will help steer implementation:

• Biodiversity Council – Advises government and oversees the State Biodiversity Plan.
• Native Plants Clearance Assessment Committee – Reviews clearance applications.
• First Nations Expert Biodiversity Committee – Embeds cultural perspectives and traditional knowledge.
• Scientific Committee – Decides on threatened species listings and recovery strategies.

5. Third Party Rights
   
   Third parties (such as environmental groups and community representatives) have limited rights to take legal action to enforce environmental protection laws, to appeal against decisions and participate in decision-making.

Rolling It Out: A Two-Year Transition

It’s anticipated that the full commencement and implementation of South Australia’s new Biodiversity Act — including the supporting regulations, policies, and any associated legislation — will take around two years.

This phased approach gives time for:

• Transitioning from existing laws to the new, consolidated framework.
• Developing clear regulations, so everyone understands their obligations.
• Consulting widely with councils, community groups, industry, and First Nations to ensure the rules are practical and effective.

For the community, it means changes will arrive steadily rather than all at once, giving everyone time to adapt.

What It Means for Everyone

This Act is not just about developers or environmental groups — it’s about how all of us make decisions that affect our environment.

For Developers & Builders

If you’re planning a subdivision or housing estate near Victor Harbor, Yankalilla, Goolwa, or Port Elliot:

• Do your homework early – Find out if your site includes native vegetation, wetlands, or wildlife corridors.
• Plan with nature in mind – Can you keep mature trees, integrate stormwater wetlands, or design wildlife-friendly fencing?
• Get ecological advice – An environmental consultant can help you avoid costly redesigns later.
• Work with the Council and the community – Involve local voices early — they often have invaluable local habitat knowledge.

For Local Government

Councils are on the front line in implementing the Act in development approvals, land management, and infrastructure projects.

• Approvals – Make sure development approvals reflect the new biodiversity requirements.
• Lead by example – Incorporate native plantings, biodiversity corridors, and green infrastructure in council projects.
• Support community groups – Many biodiversity wins happen through partnerships with local community groups and volunteers.

For the Community

We all have a part to play — the Act empowers individuals in the community citizens to protect nature in everyday life.

• Know your patch – Learn what native species live on your property or in your street.
• Protect and restore – Plant local native species, remove invasive weeds, and avoid clearing bush unnecessarily.
• Report problems – If you see illegal clearing, dumping or other environmental harm activities, report it to the local council & state regulator i.e. Environmental Protection Authority.
• Join in – Get activity. There are details of over 13 local ‘environmental’ groups in our community on our website biodiversityvictor.org.au who would welcome you.

Bringing It Home: A Fleurieu Example

Imagine a hypothetical proposed 350-lot housing development near the Hindmarsh Valley. Under the old system, biodiversity checks might have been seen as of lesser importance in the overall scheme of the project.

Under the Biodiversity Act, here’s how it would now look:

• The developer must first check mapped biodiversity priority areas and consult ecologists.
• If habitat for a threatened bird species is found, design changes could avoid clearing that area entirely.
• Remaining impacts (say, to a small patch of native shrubs) must be minimised and restored.
• Implementing effective Construction Environment Management Plans, including prevention of loss of sediment containment, which may result in environmental harm to waterways and rivers. 
• Council and the community would have a formal role in reviewing and shaping outcomes.

The result? More homes for people and a safe home for native wildlife.

Why It’s Worth the Effort

Biodiversity is more than a “nice to have” — it’s our life support system. Healthy ecosystems give us clean air, fresh water, fertile soil, and a stable climate. They also underpin our tourism, fishing, and agricultural industries.

Here on the Fleurieu, that means:

• Thriving marine life in Encounter Bay and the Murray Mouth.
• Healthy bushland in Deep Creek and Hindmarsh Valley.
• Wildlife corridors that connect conservation parks and private lands.

If we lose biodiversity, we lose much of what makes this region special. The Biodiversity Act gives us the framework to protect it — together.

Final Word

The Biodiversity Act 2025 is more than just new rules. It’s a signal that South Australia is serious about halting biodiversity decline and repairing the damage already done.

For the southern Fleurieu Peninsula, it’s a chance to show how communities, councils, and developers can work hand-in-hand with nature.

We now have the legal tools — the challenge and opportunity is to use them wisely.

Photo credit Gary Wilson ©

Website: Dept Environment & Water - snapshot