Newly tabled legislation would expand the Government’s power to allow the destruction of “critical habitats” provided the Minister first consider action to minimise the impact. The Protected Species Amendment Bill 2014 would also allow the Minister to issue a licence permitting the rehabilitation and captive breeding of protected species.

The amendments, tabled in the House of Assembly, would empower the Minister to issue a permit that allows the holder to “develop or maintain land” which would otherwise be protected by the act.

In order to issue such a permit the amendments require the Minister to “consider whether a protected species or critical habitat may be negatively impacted and, if so, he shall determine whether to impose any mitigation action”.

To decide if mitigating action must be taken, the legislation states the Minister should consider the chances of survival of the species or habitat, looking at its natural attributes, physical conditions, life cycle and ecological value along with any other relevant matter. If it is determined action should be taken, he shall impose various terms or conditions on the licence or permit.

Such action could include relocation, transplantation, restoration or replacement — or even the destruction of protected species or critical habitats.

The amendments would further also allow the Minister to order the destruction of critical habitats if it is necessary to protect public safety or to prevent the destruction of a building or structure after considering possible mitigating action.