Over the past 12 months WA Landcare Network has been facilitating discussions with peak citizen science organisations and staff from the Department of Primary Industries and Regional Development (DPIRD) and the Department of Biodiversity, Conservation and Attractions (DBCA) about wildlife licensing for citizen science activities.

The WA Landcare Network has been keen to:

• enable better understanding of the impacts legislative changes and reforms under the Biodiversity Conservation Act 2016 and Animal Welfare Act 2002 are having on community-based citizen science;
• ensure legal requirements are enforced in a reasonable and practical way and valuable community-based citizen science projects can continue to contribute to environment restoration and management efforts; and
• assist groups undertaking citizen science to fully understand their legislative requirements.

It has been really important that the government agencies have been involved in the conversation and WALN thanks all those involved for their time.

This is a very complex issue for citizen scientists and landcare groups to navigate. We hope the update on the current situation below will assist. We will provide further information as it comes to hand.

Independent Legislative and Policy Review Scientific Licensing and Animal Ethics considerations for Fauna Surveys

In late 2021 Alex Marsden, Marsden Jacob and Associates was engaged by government to consider the legislative and policy arrangements for scientific licensing. Alex undertook consultation with industry and representative groups and has prepared draft recommendations to government. WALN has been advised that Alex is currently addressing questions from government before submitting his final report.

The draft findings of the review were presented to WALN staff and peak citizen science groups at a meeting in February 2022 and included:

• There is a definite overlap in the licensing requirements for scientific studies on native fauna under the Animal Welfare Act 2002 and the Biodiversity Conservation Act 2016.
• Fauna surveys vary in their impact on animals. A spectrum for observational activities at one end to capture and sample at the other more intrusive end.
• Industry and NGO concerns include – red tape, lack of access to an AEC, concern the AEC won’t understand, frustration with the roll out of the reform.

Draft recommendations of the review included:

• providing a single-entry point for wildlife licensing undertaken by DPIRD and DBCA;
• establishing a Community Animal Ethics Committee (AEC) to deal specifically with community-based applications. We understand this recommendation is already being progressed;
• providing avenues for seeking broader approval for standard practices for common activities; and
• reviewing timing for required assessment by an AEC, given that deadline of 1 July 2022 is not far away.

WA Landcare Network has written to Minister’s Mactiernan and Whitby recommending that government implement the recommendations of this review, as a matter of high priority, in order to provided clarity to community-based citizen scientists working across Western Australia.

Definition of Take and Disturb under the Biodiversity Conservation Act 2016

The Department of Biodiversity Conservation and Attractions has now prepared Draft Guidance Note “Fauna activities that are not likely to meet the definition of take or disturb”. The purpose of this document is to provide guidance for the type of wildlife licence activities that are not likely to require lawful authority under the Biodiversity Conservation Act 2016 as they do not meet the definitions for take or disturb. The onus is on the person undertaking the activity to determine if an activity is likely to take and or disturb fauna. DBCA staff have advised that the Guidance Note can be amended to include other common activities if they are found to be not likely to meet the definition of take or disturb.

If you have any questions regarding the Draft Guidance Note please direct them to Martin Dziminski at DBCA on Martin.Dziminski@dbca.wa.gov.au

Animal Ethics Approval under the Animal Welfare Act 2002

The Department of Primary Industries and Regional Development have recently provided an update on the situation with Scientific Licensing and Animal Ethics Approval. Read the update here Update for Environmental Scientists March 2022 

The main points of the update include

• A DPIRD Wildlife Animal Ethics Committee (WAEC) has now been established. The WAEC will be led by Keith Morris as Chair and supported by Executive Officer Joanne Smith.
• If you have applied to DPIRD for Scientific Licence and nominated DPIRD’s AEC for your licence, you will have your licence transferred to the DPIRD’s WAEC. This will be undertaken on your behalf. There is nothing you need to do for this to happen. You will be contacted by the WAEC over the next few weeks regarding the process to submit project proposals to the WAEC for ethical approval. The first WAEC meeting is to be held on 19 May 2022. For enquiries regarding the WAEC, please contact wildlifeaec@dpird.wa.gov.au 
• If you have not yet applied to DPIRD for a Scientific Licence and are not covered by a Scientific Licence of another organisation, please make application as soon as possible and nominate the WAEC as the AEC in the Scientific Licence application form. Under transitional arrangements projects must be reviewed and obtain approval from an AEC by 31 July 2022.
• For information on the Scientific Licence application process and documentation required, please refer to the Application Guide available on DPIRD’s website or you may contact at scientific.licensing@dpird.wa.gov.au 

Subsequently DPIRD has also provided the following document outlining the process for application to the WAEC http://www.landcarewa.org.au/wp-content/uploads/2022/04/WAEC-Application-process.pdf