Licence to pick or harm a threatened species or ecological community

A threatened species licence, a class of biodiversity conservation licence under Part 2 of the Biodiversity Conservation Act 2016, may be required if an action is likely to result in:

• harm to an animal that is a threatened species or part of a threatened ecological community
• picking a plant that is a threatened species or part of a threatened ecological community
• damage to the habitat of a threatened species or threatened ecological community
• damage to a declared area of outstanding biodiversity value.

Applying for a threatened species licence

We recommend that threatened species licence applications are submitted electronically to avoid delays in receipt and processing.

Complete the licence application form 

After submission of a Threatened species licence application (including application fee), the department will process the application. The possible outcomes are either:

1. the department could grant a licence under Part 2 of the Biodiversity Conservation Act 2016, with or without conditions
2. the department could refuse the application.

Some applications can take longer to process than others, due to the nature of the proposed actions. Under the Biodiversity Conservation Regulation, applications must be processed within 28 days after the date an application has been made. This may be extended to 56 days at the discretion of the Secretary of the Department of Climate Change, Energy, the Environment and Water.

Public register

Go to the threatened species licence public register to view information about all threatened species licences issued by the department.

Threatened species licence public register

When does a licence not apply?

Unsafe Plants in Non-rural Areas Code of Practice 2024

The Unsafe Plants in Non-rural Areas Code of Practice 2024 eliminates the need for a biodiversity conservation licence to damage or remove plants that are an imminent risk to human life or property.

The Code applies to non-rural areas listed in the Biodiversity Conservation State Environmental Planning Policy 2021.

The Code provides a defence against an offence under sections 2.2 and 2.4 of the Biodiversity Conservation Act 2016.

The landholder must demonstrate that the plant poses an imminent risk to human life or property and obtain written confirmation from the local council that it is satisfied that the plant to be removed poses an imminent risk to human life or property.

The Code doesn't replace existing tree removal guidelines established by local councils but supplements local council requirements for tree removal.