Labor tried to amend the legislation, though the Coalition blocked its amendments. Then, Labor refused to vote for the legislation, though the Coalition passed it thanks to the majority held at the time. Labor’s 2017 election platform document promised to "introduce legislation to amend the Biodiversity Conservation Act”, “at a minimum passing the amendments to the legislation ... tabled by WA Labor while in opposition." It promised specifically to make the laws require a State Biodiversity Strategy, establish a Scientific Advisory Committee to advise the minister, to require public reporting on the status of endangered species, and increase public transparency of decisions affecting biodiversity. But, 18 months later, it has released the newly drafted regulations to enact the law, and corresponding ministerial guidelines, without having taken any such actions. In the interveneing period a statewide audit revealed the number of threatened species in WA has risen by 12 per cent over the past decade and the number of "possibly threatened" species has risen by 29 per cent.

Conservation Council of WA director Piers Verstegen said it was extremely disappointing to see that legislation condemned by scientists, conservation groups and by Labor itself was now being implemented unchanged. Loading He said the law and proposed regulations provided a comprehensive listing process for wildlife and habitat once it became threatened or endangered, but little to prevent wildlife from becoming threatened in the first place or protect it once listed. Mr Verstegen said habitat loss was the primary driver of extinction, and also accelerated other drivers such as climate change and feral animals, so a fundamental test of biodiversity protection laws was their effectiveness in preventing habitat loss. But this legislation exempted almost all activities, including native vegetation clearing and logging and other ministerial portfolios ‘authorising’ habitat destruction.

“The suggestion that native wildlife impacted by land clearing, logging, and fire have somewhere else to go is a cruel joke. All of the available nesting hollows and food that these animals depend on are already being used. When shelter and food for native animals is destroyed, those animals either die immediately, starve to death, or succumb to predation by foxes and cats,” he said. WA Labor 2017 platform. Credit:File image. He said the council had been consulted on the regulations, and told Minister Dawson they were inadequate, but the Minister had failed to address the feedback and made nothing but minor changes. He said they had the legislation amendments already drafted, from 2016, and could reintroduce them any time. “While they know they don’t have the numbers in the upper house, there are strong community expectations about this; Labor has a mandate from the public," he said.

"We would hope the members of the upper house and crossbench would respect that mandate and we would work to get the support of those crossbenchers. But we have not yet been given the opportunity. Loading “We call on the McGowan Government to honour its election commitment.” Greens WA environment spokesman Robin Chapple said the regulations were a cop-out. “This is a Labor Government with the Liberal’s environment policies,” he said.

Mr Dawson told WAtoday the government had taken a "pragmatic" approach to implement the regulations as required by the new Act. "This means that we don’t lose improvements to biodiversity and conservation delivered by the new Act and revert to old legislation from the 1950s," he said. "I have secured improvements via enhanced regulations including significantly increased penalties, world standard (IUCN) species listing categories and assessments; protection for threatened ecological communities and greater public transparency. "A review will be undertaken in due course and further improvements to the Act can be considered." The public can have their say on the regulations and ministerial guidelines before September 30 via the government website or the Conservation Council's submission tool.