Biodiversity Win: South Australia’s New Act Sets a National Benchmark for Environmental Protection

A major legislative reform and a win for South Australia: the recent passing of the brand-new Biodiversity Act marks a significant milestone in environmental protection. Created to restore, conserve and most importantly - enhance biodiversity. This landmark legislation positions South Australia as a leader in nature law reform. Future Making Fellow Dr Phillipa McCormack explores the Act’s far-reaching implications in her recent article for The Conversation.

South Australia passed the Act through State Parliament on June 18, 2025. What makes this legislation truly stand out is that it’s the first of it’s kind, written from the ground up, not simply an amendment of previous laws, as seen in other states.

With strengthened native vegetation laws, new protections for critical habitats and threatened ecological communities, a general duty placed on all South Australians to care for biodiversity, formal recognition of Aboriginal South Australian’s role in caring for Country, and a nationally consistent process for identifying and listing threatened species, the Act marks a bold step forward in environmental stewardship.

Dr McCormack has highlighted both the importance of the Act and the longstanding gaps it addresses. “Our environment laws must be clear and avoid complex clashes or gaps between national and state responsibilities. But SA, NSW, Victoria and soon the ACT show law reform can also be more ambitious. Nature laws can truly help the environment to flourish even as the climate changes.”

The new Act consolidates biodiversity protections that were previously scattered across multiple laws. It was developed through extensive collaboration with scientists, Aboriginal communities, economists, primary producers, miners, and development planners. A wide-ranging consolidation that underscores it’s inclusive and future-focused design.

Stronger penalties are a hallmark of the reform. Businesses who harm or traffic native animals, or illegaly clear native habitat, can face a fine of up $500,000. a large increase considering exisiting fines range from $2,500 to $100,000. Individuals found guilty of illegally killing, catching, restraining, injuring, keeping or interfering with protected animals, can face a new penalty of up to $250,000 or five years imprisonment.

To ensure the Act’s successful rollout, four key bodies have been established: the Biodiversity Council, the Clearance Assessment Committee, the Aboriginal Biodiversity Committee, and the Scientific Committee. Implementation will be phased in gradually, with full enforcement expected within two years. Notable, Environment Institute board Member Tim Jarvis AM has been actively engaging communities throughout the Act’s development within communities.

In a powerful call to action, Deputy Premier and Minister for Climate, Environment and Water, Susan Close MP emphasised South Australia’s dual mission to heal and portect nature, stating, “We not only have to stop harming nature, but we also have to restore it to create a stronger collective future for all South Australians,” she said.

“This Act will establish the framework to deliver environmental wins by safeguarding threatened animals and plants, restoring valuable habitat and ecosystems, while supporting billions of dollars in economic activity.”

Australia needs both Federal and State-levels of environmental laws. Federal legislation governs nationally significant matters, such as cross-border or international commitments, while states and territories handle local species, and vegetation and land management.

Unfortunately, national reform has lagged behind. Nearly five years have passed since Graeme Samuel’s review of the Environment Protection and Biodiversity Conservation Act (EPBC). Current Environment Minister Murray Watt has motioned for intent to act within the next 18 months. Still, reforms have been slow and now Environmental groups are calling for Australia’s environmental laws to eliminate ‘climate blindness’ and close legal loopholes that undermine species recovery and permit continued habitat loss under regional forest agreements.

South Australia’s new Biodiversity Act is a transformative win. One that incorporates climate considerations, cultural recognition, and collaborative governance. It offers a more holistic, future-proofing approach to environmental protection. In doing so, South Australia have set a compelling example of leadership in this space.