Authorisation to take and disturb threatened fauna
How and when you need to apply for an authorisation to take and disturb threatened fauna
The Biodiversity Conservation Act 2016 (BC Act) provides for species, subspecies or populations of native animals (fauna) to be listed as Specially Protected, Threatened (Critically Endangered, Endangered or Vulnerable) or Extinct in Western Australia.
Activities which may result in the taking or disturbance of all fauna requires lawful authority under the BC Act. A lawful authority is required if the activity meets the definition of take or disturb as per section 5 of the Biodiversity Conservation Act 2016:
- take—in relation to fauna, is:
- (i) to kill, injure, harvest or capture fauna by any means;
- (ii) to cause or permit anything referred to in subparagraph (i) to be done.
- disturb—in relation to fauna, is:
- (i) to chase, drive, follow, harass, herd or hunt fauna by any means;
- (ii) to apply an identifier to fauna by any means;
- (iii) to engage in an activity that has the effect, whether directly or indirectly, of altering the natural behaviour of fauna to its detriment;
- (iv) to cause or permit anything referred to in subparagraph (i), (ii) or(iii) to be done.
A Ministerial Authorisation under section 40 of the BC Act is required to take or disturb threatened species (critically endangered, endangered or vulnerable).
Information on how to apply for an authorisation is below. Applications for a section 40 authorisation associated with a wildlife licence type as defined in Part 4 of the Biodiversity Conservation Regulations 2018 (BC Regs) are applied for via the fauna licences webpage. This assists in streamlining the approvals process.
The Authorisation Holder must comply with the conditions to which the authorisation is subject as per section 150 of the BC Act.
| Authorisation | Description |
|---|---|
| Ministerial authorisation to Take or Disturb Threatened Fauna – Wildlife Activities |
Wildlife related operations/projects that involve activities aligned to a wildlife licence type (as listed below) and involve threatened species, non-threatened species or both are applied for using a single form. Forms for these activity types are available via the fauna licences webpage. Activities are related to a licence type listed under Part 4 of the Biodiversity Conservation Regulations 2018:
For more information, please contact WildlifeLicensing@dbca.wa.gov.au. |
| Ministerial authorisation to Take or Disturb Threatened Fauna in a Management Operation |
For management operations/projects please complete the Authorisation to Take or Disturb Threatened Fauna in a Management Operation form. Activities are associated with a management operation:
For more information, please contact SpeciesandCommunities@dbca.wa.gov.au. |
How do I apply for authorisation to take or disturb threatened fauna?
Some low impact activities do not meet the definitions for taking or disturbing fauna. This may include basic fauna survey methods, commercial interaction activities, management of problem fauna and management operations where mitigation measures have been implemented to reduce the likelihood of impact or interaction with fauna. A guidance note outlining these activities has been prepared.
The department's Species and Communities Program is responsible for administering section 40 Ministerial Authorisations to take or disturb threatened species. Application forms are available below to cover the types of activities which may result in taking or disturbing of fauna.
Applications for a section 40 authorisation that are associated with a wildlife licence type as defined in Part 4 of the Biodiversity Conservation Regulations 2018 (BC Regs) will be considered against the requirements outlined in regulation 76. All applications will be considered in the context of the object of the BC Act in section 3(1)(a) to conserve and protect biodiversity and biodiversity components in the State.
As provided for in section 41 of the BC Act, conditions may be imposed to mitigate or offset the impact that an activity carried out under the authorisation is likely to have on the total known population of the relevant species in the state and on relevant habitat.
There are no fees associated with a section 40 Ministerial Authorisation.
How do I apply for authorisation to take threatened fauna for a translocation?
All translocations must be carried out in accordance with Corporate Guideline no. 36 Recovery of Threatened Species Through Translocation and Captive breeding or Propagation.
To apply for a section 40 Ministerial Authorisation involving translocation of threatened fauna, please complete a fauna taking (scientific or other purposes) licence application. This application form is available via the fauna licences webpage. An approved Translocation Proposal must accompany the section 40 Ministerial Authorisation. Please contact Species and Communities Program at fauna.recovery@dbca.wa.gov.au for further information.
Do I need an authorisation for fire mitigation?
On 15 October 2021, the Biodiversity Conservation (Exemptions) Amendment Order 2021 (Amendment Order) was published. The Amendment Order exempts landowners and occupiers who are undertaking specified bushfire mitigation activities on land that is not managed by DBCA from the requirement for an authorisation to take a threatened species under section 40 of the BC Act under certain conditions. A series of fire information notes have been developed to assist landowners and occupiers to manage fuel loads while minimising impacts to threatened species.
How does the Biodiversity Conservation Act 2016 interact with the Environmental Protection Act 1986?
Where a project that may take threatened fauna has been approved under the Environmental Protection Act 1986, a section 40 Ministerial Authorisation is required.
Ministerial Authorisation is only required to disturb threatened fauna when the activity has not been authorised under other relevant legislation (i.e. there is not lawful authority for the activity). Lawful authority includes activities that are lawful under the EP Act, including exemptions under that Act. Hence any activity that is lawful under the Environmental Protection Act 1986 does not require a section 40 authorisation to disturb threatened fauna.
See the department’s fact sheet on the Biodiversity Conservation Act and Regulations page for further information on how the BC Act interacts with the Environmental Protection Act 1986.
What if the species is listed as 'Threatened' nationally?
You may also need federal government approval for a species listed as a threatened under the Environment Protection and Biodiversity Conservation Act 1999. Note, exemptions under the BC Act do not apply to the federal legislation.
More information
For further information, contact Species and Communities speciesandcommunities@dbca.wa.gov.au.
