Flora and Fauna Guarantee Act 1988 (Vic)

Version No. 050

Flora and Fauna Guarantee Act 1988

No. 47 of 1988

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Objectives of this Act

4APrinciples of this Act

4BMinisters and public authorities to give proper consideration of objectives

4CMinister may request information to ensure objectives are being considered

5Flora and fauna which are excluded from the Act

6Crown to be bound

6ATraditional owner agreement for natural resources

Part 2—Administration

7Functions of the Secretary

8The Scientific Advisory Committee

9Advice

Part 3—Listing of threatened taxa and communities and potentially threatening processes

Division 1—The Threatened List and the Processes List

10The Threatened List

11Listing of potentially threatening processes

Division 2—Eligibility of taxa, communities and processes to be listed under Division 1

12Determination of eligibility for listing

13Eligibility for listing of taxon of flora or fauna

14Eligibility for listing of communities of flora or fauna

15Eligibility of sub-species of flora or fauna or narrowly defined community of flora or fauna

16Eligibility for listing of potentially threatening processes

Division 3—The nomination and assessment process for the listing of taxa, communities and processes

16ANominations for listing

16BConsideration of the nomination by the Committee

16CAssessment of eligibility of taxon, community or process to be listed

16DThe Committee's preliminary recommendation

16ETaxon assessed by another jurisdiction as to its risk of extinction in Australia

16FThe Committee's final recommendation

16GMinister's recommendation

16HDecisions and recommendations must be made on the basis of nature conservation matters

Division 4—General

16IRecommendations that minor amendments be made to lists

16JConsolidated lists to be published on the Internet

16KMinister to review Lists

Part 4—Management processes

Division 1—Biodiversity Strategy

17Biodiversity Strategy

18Preparation of a Biodiversity Strategy

18APublic consultation on a Biodiversity Strategy

18BMaking and publication of a Biodiversity Strategy

18CAmendment of a Biodiversity Strategy

18DReport on the implementation of a Biodiversity Strategy

18EFuture review of a Biodiversity Strategy

Division 2—Action statements and critical habitat determinations

19Action statements

20Critical habitats

20ARole of Committee

20BPublic consultation on critical habitats

20CMaking and publication of critical habitat determinations

20DAmendment of critical habitat determinations

20EGuidelines

20FCritical habitat agreements

Division 3—Flora and fauna management plans

21Procedure for making management plans

22Amendment and revocation of management plans

23Contents of management plans

23APublication of a management plan

24Review of management plans

Division 4—Public authority management agreements

25Public authority management agreements

Part 5—Conservation and control measures

Division 1—Habitat conservation orders

26Habitat conservation orders

27Content of habitat conservation orders

28Preparation of habitat conservation orders

29Making, amendment and revocation of habitat conservation orders

30Publication of habitat conservation orders

31Further amendment of habitat conservation orders

32Offence to contravene a habitat conservation order

33Defects in procedure

34Suspension of other licences, permits and authorities

35Permits

36Reviews

37Application for declaration

38Matters Tribunal must take into account

39Compensation

40Minister and Secretary to ensure conservation of taxon, community or habitat

41Habitat conservation orders to prevail over planning schemes

42Register of critical habitat determinations and habitat conservation orders

Division 2—The handling of flora

45Reference to flora

46Declaration of flora to be protected flora

46ARevocation of declaration of flora to be protected

46BGuidelines for declaring flora to be protected flora

46CMinister must publish list of taxa of flora declared to be protected

47Offence to take restricted use protected flora

47AOffence to take restricted use protected flora which causes significant detrimental impact on restricted use protected flora

47BOffence to take other protected flora

47COffence to take other protected flora which causes significant detrimental impact to the relevant taxon or community

48Licence or permit to take, trade in, keep, move or process protected flora

48AAuthorisation to take, trade in, keep, move or process protected flora

48BOffence to contravene terms of authorisation

49Offences relating to flora generally

50Royalties for the taking of flora

51Relationship between authorities issued under this Division and authorities issued under other Acts

Division 3—The handling of fish

52Offence to take, trade in or keep fish

52AOffence to take, trade in or keep fish which causes a significant detrimental impact on the relevant taxon or community

53Licence or permit to take, trade in or keep fish

53AAuthorisation to take, trade in or keep fish

53BOffence to contravene terms of authorisation

Part 6—General

Division 1—General provisions about licences and permits

54Applications

55Giving of licences and permits

56Offence of not complying with terms and limitations of licence or permit

Division 2—Enforcement and powers of authorised officers

56ADefinition

57Entry without consent or warrant

57AEntry with warrant to search for evidence of offence

57BSeizure of things not mentioned in warrant

57CAnnouncement before entry

57DCopy of warrant to be given to occupier

57ERequirements as to taking samples or seizing things

57FSamples

57GRetention notices

57HEvidentiary provisions relating to retention notices

57IDisposal or destruction of seized flora or fauna

57JSections 57 to 57I do not limit powers of authorised officers

Division 2A—Offences

58Offence to obstruct an authorised officer

59Offence to interfere with notices marks or equipment

Division 3—Matters relating to offences

59ATime for bringing proceedings

60Cancellation of licence or permit upon conviction

61Requirement to carry out restoration work

62Payment of compensation by offender

Division 3A—Remedies

62AEnforceable undertakings

62BPerson may vary or withdraw enforceable undertaking

62CProceedings for contravention

62DEnforcement of enforceable undertaking

62ESecretary may take specified actions

62FContempt of court proceedings

62GSecretary may recover costs

62HPerson may recover compensation as debt

62IRegister of enforceable undertakings

Division 4—Simplification of proof

63Proof of contravention

64Proof of identity

Division 5—General

65Certificates

66Secrecy

67Availability for inspection

68Matters to be put in annual report

Division 6—Regulations

69Regulations

Part 7—Transitional provisions and repeals

70Repeal and transitional provision

72Saving of action statements

Part 8—Savings and transitional provisions—Flora and Fauna Guarantee Amendment Act 2019

73Definitions

74Scientific Advisory Committee

75Listing of taxa of flora and fauna

76Listing of communities of flora and fauna

77Listing of potentially threatening processes

78Nominations for listing made before commencement of new Part 3

79Flora and Fauna Guarantee Strategy

80Protected flora

81Applications for licences and permits

82Licences, permits and authorisations

Schedules

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 050

Flora and Fauna Guarantee Act 1988

No. 47 of 1988

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to establish a legal and administrative structure to enable and promote the conservation of Victoria's native flora and fauna and to provide for a choice of procedures which can be used for the conservation, management or control of flora and fauna and the management of potentially threatening processes.

2Commencement

(1)Sections 1, 2, 3, 4, 8, 11 and 69 come into operation on the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act come into operation on a day to be proclaimed.

3Definitions

(1)In this Act—

*                *                *                *                *

Administrative Office has the same meaning as in the Public Administration Act 2004;

amendment includes addition, deletion or substitution;

another jurisdiction means the Commonwealth or another State or a Territory;

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a)Part 9 of the Conservation, Forests and Lands Act 1987; or

(b)Part 3 of the Victorian Fisheries Authority Act 2016;

biodiversity means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems) and includes—

(a)diversity within species and between species; and

(b)diversity of ecosystems;

Biodiversity Strategy means a Biodiversity Strategy made under Division 1 of Part 4;

Catchment Management Authority means a Catchment Management Authority under the Catchment and Land Protection Act 1994;

category of threat, in relation to a taxon of flora or fauna, means any of the categories of threat referred to in section 13;

climate change has the same meaning as in the Climate Action Act 2017;

Commissioner for Environmental Sustainability has the same meaning as Commissioner has in the Commissioner for Environmental Sustainability Act 2003;

Committee means the Scientific Advisory Committee established under section 8;

common assessment method means the method agreed to by the Commonwealth, States and Territories for assessing the risk of extinction of taxa of flora or fauna, which requires—

(a)the assessment of the risk of extinction of a taxon of flora or fauna to be assessed first on the basis of whether it is at risk of extinction in Australia; and

(b)that—

(i)a category of threat be applied to a taxon of flora or fauna that is assessed at risk of extinction in Australia; and

(ii)a category of threat applied to a taxon of flora or fauna be changed if a further assessment as to the risk of extinction in Australia of the taxon is made;

Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

community means a type of assemblage which is or which is wholly or substantially made up of taxa of flora or fauna existing together in the wild;

*                *                *                *                *

conservation dependent, in relation to a taxon of fish, means that the taxon needs to be the subject of a plan of management under the law of another jurisdiction that provides for management actions necessary to stop the decline, or support the recovery, of the taxon to maximise its chances of long-term survival in nature;

critical habitat means an area of Victoria in respect of which a critical habitat determination is made;

critical habitat determination means a determination made under Division 2 of Part 4;

critically endangered, in relation to a taxon of flora or fauna, means that the taxon is facing an extremely high risk of extinction in the wild in the immediate future;

Department means the Department of Energy, Environment and Climate Action;

development includes—

(a)the construction or exterior alteration of a building or other structure; and

(b)the demolition or removal of a building or other structure or works; and

(c)the construction or carrying out of works; and

(d)the subdivision or consolidation of land; and

(e)the placing or relocation of a building or other structure or works on land;

*                *                *                *                *

endangered, in relation to a taxon of flora or fauna, means that the taxon is not critically endangered but is facing a very high risk of extinction in the wild in the near future;

enforceable undertaking means an undertaking accepted by the Secretary under section 62A;

Excluded List means the list made under section 5(1);

extinct, in relation to a taxon of flora or fauna, means that there is no reasonable doubt that the last member of the taxon has died;

extinct in the wild, in relation to a taxon of flora or fauna, means that the taxon is known only to survive in cultivation, in captivity, or as a naturalised population well outside its past range;

extinction risk, in relation to a taxon of flora or fauna, means whether the taxon is at risk of extinction in Australia or Victoria;

fauna means any animal-life which is indigenous to Victoria whether vertebrate or invertebrate and in any stage of biological development and includes fish and any other living thing generally classified as fauna but does not include humans;

fish has the same meaning as in the Fisheries Act 1995;

flora means any plant-life which is indigenous to Victoria whether vascular or non-vascular and in any stage of biological development and includes any other living thing generally classified as flora;

Government Department has the same meaning as Department has in the Public Administration Act 2004;

habitat conservation order means a habitat conservation order made under Division 1 of Part 5;

keep in relation to flora or fauna, means to have charge or possession of in captivity or in a domesticated state;

land includes—

(a)buildings and other structures permanently fixed to land; and

(b)land covered with water; and

(c)any estate, interest, easement, servitude, privilege or right in or over land;

landholder—

(a)in relation to land which has been alienated from the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered as a proprietor, or the persons who are registered as the proprietors, of an estate in fee simple in the land; and

(b)in relation to land which has been alienated from the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner or the persons who are the owners of the fee or equity of redemption; and

(c)in relation to Crown land which is occupied under a lease, licence or other right, means the occupier under that lease, licence or right; and

(d)in relation to Crown land which is managed or controlled by a public authority (other than the Minister administering this Act) means the public authority or Minister that manages or controls the land; and

(e)in relation to land, whether or not alienated by the Crown, means a person who, whether alone or with others, is in occupation or possession, or has the management or control, of land, and includes the agent of such a person;

*                *                *                *                *

listed means—

(a)in relation to a taxon of flora or fauna or a community of flora or fauna, that the taxon or community is specified in the Threatened List; and

(b)in relation to a potentially threatening process, that the process is specified in the Processes List;

management plan means a management plan made under Division 3 of Part 4;

minor amendment, in relation to a list under section 10 or 11, has the same meaning as in section 16I(4);

municipal council has the same meaning as Council has in the Local Government Act 1989;

national conservation advice has the same meaning as approved conservation advice has in the Commonwealth Act;

national recovery plan has the same meaning as recovery plan has in the Commonwealth Act;

nomination means a nomination made under section 16A;

planning scheme means a planning scheme made or having effect under the Planning and Environment Act 1987;

potentially threatening process means a process which may have the capability to threaten the survival, abundance or evolutionary development of any taxon or community of flora or fauna;

private land means any land other than public land;

Processes List means the list established and maintained under section 11(1);

protected flora means—

(a)any flora that is a member of a taxon of flora that is declared to be protected under section 46; or

(b)any flora that is a member of a listed taxon of flora; or

(c)any flora that is a part or member of a listed community of flora or fauna to the extent that it occurs within that community;

public authority means a body established for a public purpose by or under any Act and includes—

(a)an Administrative Office; and

(b)a Government Department; and

(c)a municipal council; and

(d)a public entity; and

(e)a State-owned enterprise;

public entity has the same meaning as in the Public Administration Act 2004;

public land means Crown land or land owned by, or vested in, a public authority;

recategorisation amendment means an amendment made to the Threatened List under section 10(5) in relation to a taxon of flora or fauna;

*                *                *                *                *

restricted use protected flora means a taxon of flora that is declared under section 46 to be protected and is subject to a restriction on use;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

State owned enterprise has the same meaning as in the State Owned Enterprises Act 1992;

take in relation to flora or fauna, means to kill, injure, disturb or collect flora;

taxon means a taxonomic group of any rank into which organisms are categorised;

threat abatement plan has the same meaning as in the Commonwealth Act;

Threatened List means the list established and maintained under section 10(1);

trade includes—

(a)to buy, to agree to receive or accept under an agreement to buy, to acquire by barter, or to cause or suffer any of those things; and

(b)to sell, to agree to offer or expose for sale or to keep and have in one's possession for sale, to deliver or receive for sale, to dispose of by barter for the purposes of gain or advancement or to cause or suffer any of those things;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

use in relation to land includes use or proposed use for the purpose for which the land has been or is being or may be developed;

*                *                *                *                *

*                *                *                *                *

vulnerable, in relation to a taxon of flora or fauna, means that the taxon is not critically endangered or endangered but is facing a high risk of extinction in the wild in the medium-term future;

water manager means a person who manages or controls water;

wild means in an independent unpossessed or natural state and not in an intentionally cultivated or domesticated or captive state, regardless of the location or land tenure;

works in relation to land includes any change to the natural or existing condition or topography of the land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

(2)In this Act a reference to a landholder's land includes a reference to land occupied, managed or controlled by the landholder.

*                *                *                *                *

(4)In determining whether an activity has caused or is likely to cause a significant detrimental impact on protected flora or fish under section 47A, 47C or 52A, the following factors may be taken into account in addition to any other relevant factors—

(a)the notable nature of the impact or likely impact on the protected flora or fish;

(b)the context of the impact which includes, but is not limited to, the region and locality where the impact occurred;

(c)the adverse effect that the impact may have on a scientific, cultural or historical resource;

(d)the severity of the impact, which considers, but is not limited to, the unique characteristics of the protected flora or fish, the community of which the protected flora or fish is a part or member (the relevant community) or geographic area;

(e)the cumulative impact of the activity and any other activities or processes, regardless of the significance of those other activities or processes;

(f)whether the impact is a direct or indirect consequence of the activity;

(g)the extent the impact has on—

(i)the interaction between the components making up the relevant community;

(ii)opportunities for re-establishment and recovery of the protected flora or fish or relevant community;

(iii)the capacity for adaptation to environment change of the protected flora or fish or relevant community;

(iv)the conservation of the protected flora or fish or relevant community;

(v)the alteration of the ecological character of a relevant community;

(vi)the genetic diversity of the protected flora or fish or relevant community;

(vii)current or future conservation efforts.

4Objectives of this Act

The objectives of this Act are—

(a)to guarantee that all taxa of Victoria's flora and fauna, other than taxa specified in the Excluded List, can persist and improve in the wild and retain their capacity to adapt to environmental change; and

(b)to prevent taxa and communities of flora and fauna from becoming threatened and to recover threatened taxa and communities so their conservation status improves; and

(c)to protect, conserve, restore and enhance biodiversity, including—

(i)flora and fauna and their habitats; and

(ii)genetic diversity; and

(iii)ecological communities; and

(iv)ecological processes; and

(d)to identify and mitigate the impacts of potentially threatening processes to address the important underlying causes of biodiversity decline; and

(e)to ensure the use of biodiversity as a natural resource is ecologically sustainable; and

(f)to identify and conserve areas of Victoria in respect of which critical habitat determinations are made.

4APrinciples of this Act

It is a principle of this Act that a decision, policy, program or process gives proper consideration to the following—

(a)the rights and interests of traditional owners by—

(i)acknowledging cultural and spiritual connections to land, biodiversity and resources through a relationship with country; and

(ii)supporting participation in decision-making, planning and the development of policies, programs and processes; and

(iii)facilitating access to biodiversity and providing opportunities for economic advancement;

(b)the potential impacts of climate change;

(c)the best practicably available information relevant to biodiversity;

(d)the precautionary principle, such that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(e)enabling public participation;

(f)supporting collaboration between government, the community and partner agencies.

4BMinisters and public authorities to give proper consideration of objectives

(1)In performing any of their functions that may reasonably be expected to impact on biodiversity in Victoria, including a function under this Act or any other Act, a Minister and a public authority must give proper consideration to the objectives of this Act, so far as is consistent with the proper exercising of their functions.

(2)In addition to subsection (1), a Minister and a public authority, so far as is consistent with the proper exercising of their functions, must give proper consideration to any instrument made under this Act, including—

(a)the Biodiversity Strategy; and

(b)action statements; and

(c)critical habitat determinations; and

(d)management plans.

(3)Without limiting subsections (1) and (2), consideration must be given to the potential impacts on biodiversity, including—

(a)long and short-term impacts; and

(b)beneficial and detrimental impacts; and

(c)direct and indirect impacts; and

(d)cumulative impacts; and

(e)the impacts of potentially threatening processes.

(4)The Minister may make guidelines in relation to the proper consideration of the objectives of this Act and the instruments made under it by public authorities.

4CMinister may request information to ensure objectives are being considered

(1)The Minister may request a public authority to provide any information that the Minister considers is necessary and reasonable—

(a)to ensure that the duty to consider the objectives of this Act and the instruments made under it is being performed; or

(b)to ensure that an action taken, or to be taken, by the public authority does not threaten the persistence of a listed taxon or community or critical habitat.

(2)A public authority must comply with a request under subsection (1).

(3)The Minister may cause any information obtained under this section to be published on the Internet.

5Flora and fauna which are excluded from the Act

(1)The Governor in Council may, on the recommendation of the Minister, and by Order published in the Government Gazette specify, in a list, a taxon, the members of which constitute a serious threat to human welfare, and may amend the list or repeal the whole or any part of the list.

(2)The Minister may make a recommendation under subsection (1) only after considering a recommendation of the Committee.

(3)If the Committee proposes to make a recommendation to the Minister it must advertise the proposed recommendation and the reasons for it in the Government Gazette and in a newspaper circulating generally throughout the State.

(4)After advertising its preliminary recommendation the Committee must allow at least 30 days to elapse for public comment to be made and must consider any public comments which are made during that time before making its recommendation.

(5)After considering the Committee's recommendation the Minister may decide whether or not to recommend to the Governor in Council that the addition, amendment or repeal be made and the Minister must publish reasons for that decision in the Government Gazette and in a newspaper circulating generally throughout the State.

6Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

6ATraditional owner agreement for natural resources

If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than section 32) does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

PART 2—ADMINISTRATION

7Functions of the Secretary

(1)The Secretary must administer this Act in such a way as to promote the objectives of this Act.

(2)If the Secretary is of the opinion that action taken or to be taken by a public authority is likely to threaten the persistence of a listed taxon or community of flora or fauna or a critical habitat the Secretary may require the public authority to consult with the Secretary either before the action starts, or if the action has already started within 15 days of the request being made.

(3)In administering this Act, the Secretary is to give proper consideration to the principles of this Act.

8The Scientific Advisory Committee

(1)There is established by this Act a body to be called the Scientific Advisory Committee.

(2)The following are the functions of the Committee—

(a)to advise the Minister on the listing of taxa or communities of flora and fauna and potentially threatening processes;

(b)to advise the Minister on any other flora and fauna conservation matters.

(3)The Committee consists of at least 7 but not more than 9 members appointed by the Minister.

(3A)Subject to subsection (3B), each member of the Committee must be a scientist.

(3B)A majority of the members of the Committee must be scientists who are not employed under Part 3 of the Public Administration Act 2004.

(4)All members of the Committee must be knowledgeable and experienced in the sciences of flora or fauna conservation or ecology.

(5)Each member of the Committee must have in the opinion of the Minister expertise in one or more of the following categories and between them the members of the Committee must have expertise in all the following categories—

(a)vertebrate fauna;

(b)invertebrate fauna;

(c)vascular flora;

(d)non-vascular flora;

(e)communities of flora or fauna;

(f)aquatic taxa or communities of flora or fauna in marine environments;

(g)aquatic taxa or communities of flora or fauna in inland aquatic environments;

(h)taxa or communities of flora or fauna in terrestrial environments;

(i)potentially threatening processes.

(6)Except as provided in subsections (7), (8) and (9) the provisions relating to the membership and procedure of committees and councils set out in Schedule 2 to the Conservation, Forests and Lands Act 1987 apply to the Committee.

(7)The Convenor must not be a senior government scientific officer.

(8)If a Committee member has any interest which is likely to interfere with that member's ability to perform his or her duties as a Committee member that member must disclose that interest to the Committee.

(9)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Committee in respect of the office of member.

9Advice

*                *                *                *                *

(2)Each Catchment Management Authority may provide advice to the Secretary on any matter arising from the administration of this Act for which the Secretary has responsibility.

PART 3—LISTING OF THREATENED TAXA AND COMMUNITIES AND POTENTIALLY THREATENING PROCESSES

Division 1—The Threatened List and the Processes List

10The Threatened List

(1)The Governor in Council, in accordance with this section, must establish and maintain a list [1]—

(a)of threatened taxa of flora and fauna that sets out—

(i)the extinction risk of each listed taxon; and

(ii)the category of threat that applies to each listed taxon; and

(b)of threatened communities of flora or fauna.

(2)The Governor in Council—

(a)may specify in the list under subsection (1)(a) any taxon of flora or fauna that the Minister, under Division 3, recommends should be specified in the list; and

(b)for each taxon specified in the list under subsection (1)(a), must set out, in accordance with the Minister's recommendation under Division 3—

(i)the extinction risk of the taxon; and

(ii)the category of threat that applies to the taxon.

(3)The Governor in Council may specify in the list under subsection (1)(b) any community of flora or fauna that the Minister, under Division 3, recommends should be specified in the list.

(4)The Governor in Council—

(a)may remove any taxon of flora or fauna from the list under subsection (1)(a) that the Minister, under Division 3, recommends to be removed from the list; and

(b)may remove any community of flora or fauna from the list under subsection (1)(b) that the Minister, under Division 3, recommends should be removed from the list.

(5)The Governor in Council may amend the list under subsection (1)(a) to change the extinction risk of, or category of threat that applies to, a taxon of flora or fauna specified in the list, if the Minister, under Division 3, so recommends.

(6)The Governor in Council may make a minor amendment to the list under subsection (1)(a) or (b) if the Minister, under section 16I, so recommends.

(7)A decision of the Governor in Council under this section must be made by Order and published in the Government Gazette.

Note

Under section 16G(2), the Minister must consider the Committee's final recommendation before making a recommendation to the Governor in Council that an Order be made under this section.

11Listing of potentially threatening processes

(1)The Governor in Council, in accordance with this section, must establish and maintain a list of potentially threatening processes. [2]

(2)The Governor in Council may specify in the list under subsection (1) any potentially threatening process that the Minister, under Division 3, recommends should be specified in the list.

(3)The Governor in Council may remove any potentially threatening process from the list under subsection (1) that the Minister, under Division 3, recommends should be removed from the list.

(4)The Governor in Council may make a minor amendment to the list under subsection (1) if the Minister, under section 16I, so recommends.

(5)A decision of the Governor in Council under this section must be made by Order and published in the Government Gazette.

Note

Under section 16G(2) the Minister must consider the Committee's final recommendation before making a recommendation to the Governor in Council that an Order be made under this section.

Division 2—Eligibility of taxa, communities and processes to be listed under Division 1

12Determination of eligibility for listing

(1)The eligibility of a taxon of flora or fauna (including the extinction risk and the category of threat that applies to the taxon) or the eligibility of a community of flora or fauna to be specified in the Threatened List or the eligibility of a potentially threatening process to be specified in the Processes List must be determined in accordance with the eligibility criteria prescribed for the purposes of this Division that apply to that taxon, community or potentially threatening process.

(2)Any eligibility criteria prescribed for the purposes of this Division must be based only on nature conservation matters.

13Eligibility for listing of taxon of flora or fauna

A taxon of flora or fauna is eligible to be listed in the Threatened List—

(a)if at the time of listing it is at risk of extinction in Australia, in one of the following categories of threat—

(i)extinct;

(ii)extinct in the wild;

(iii)critically endangered;

(iv)endangered;

(v)vulnerable;

(vi)in the case of a taxon of fish, conservation dependent; or

(b)if at the time of listing it is at risk of extinction in Victoria, in a category of threat referred to in paragraph (a)(i) to (v).

14Eligibility for listing of communities of flora or fauna

A community of flora or fauna is eligible to be listed in the Threatened List if it is—

(a)in a demonstrable state of decline that is likely to result in extinction in Victoria; or

(b)significantly prone to future threats which are likely to result in extinction in Victoria.

15Eligibility of sub-species of flora or fauna or narrowly defined community of flora or fauna

A taxon of flora or fauna that is below the level of sub-species and a community of flora or fauna that is narrowly defined because of its taxonomic composition, environmental conditions or geography is only eligible for listing on the Threatened List if, in addition to the requirements of section 13 or 14, there is a special need to conserve it.

16Eligibility for listing of potentially threatening processes

A potentially threatening process is eligible to be listed in the Processes List if, in the absence of appropriate management, it poses or has the potential to pose a significant threat to the survival or evolutionary development of a range of flora or fauna.

Division 3—The nomination and assessment process for the listing of taxa, communities and processes

16ANominations for listing

(1)A person may make a nomination to the Committee to be considered under this Division—

(a)that a taxon of flora or fauna is eligible to be specified in the Threatened List and may, in the nomination, specify an extinction risk and category of threat for the taxon; or

(b)that a community of flora or fauna is eligible to be specified in the Threatened List; or

(c)that a potentially threatening process is eligible to be specified in the Processes List.

(2)A person may make a nomination to the Committee to be considered under this Division—

(a)that a taxon of flora or fauna that is specified in the Threatened List is no longer eligible to be specified in the Threatened List; or

(b)that a community of flora or fauna that is specified in the Threatened List is no longer eligible to be specified in the Threatened List; or

(c)that a potentially threatening process that is specified in the Processes List is no longer eligible to be specified in the Processes List.

(3)A person may make a nomination to the Committee that a recategorisation amendment be made to the Threatened List in relation to a taxon of flora or fauna specified in that list.

(4)A nomination must—

(a)include any prescribed information; and

(b)be in writing addressed to the Secretary to the Committee unless the nomination is made by the Committee on its own motion.

16BConsideration of the nomination by the Committee

(1)This section does not apply in relation to a nomination made by the Committee.

(2)The Committee must consider each nomination as soon as possible after it has been made.

(3)The Committee may consider different nominations about the same taxon of flora or fauna or community of flora or fauna or potentially threatening process together.

(4)The Committee may reject a nomination if—

(a)for a nomination made under section 16A(1), the subject of the nomination is already listed; or

(b)for a nomination made under section 16A(3), the Committee considers that a reassessment under this Division would not result in a recategorisation amendment being made in relation to the listed taxon of flora or fauna; or

(c)the nomination is vexatious; or

(d)the nomination is not accompanied by the prescribed information (if any).

(5)If the Committee rejects a nomination it must notify the Minister and the nominator of that rejection and must give reasons for rejecting the nomination.

16CAssessment of eligibility of taxon, community or process to be listed

(1)The Committee may assess the eligibility for listing of a taxon of flora or fauna, a community of flora or fauna or a potentially threatening process if a nomination has been made in relation to the taxon, community or process—

(a)which the Committee has considered and not rejected under section 16B; or

(b)by the Committee.

(2)An assessment must be conducted by the Committee under this section in accordance with the eligibility criteria prescribed for the purposes of Division 2.

(3)Subject to subsection (4), the Committee must assess the eligibility of a taxon of flora or fauna to be specified in the Threatened List first on the basis of its risk of extinction in Australia.

(4)The Committee may assess the eligibility of a taxon of flora or fauna to be specified in the Threatened list on the basis of its risk of extinction in Victoria only in any of the following circumstances—

(a)the taxon has been assessed by the Committee or under the law of another jurisdiction as not being at risk of extinction in Australia;

(b)the taxon has been assessed under the law of another jurisdiction as being at risk of extinction in Australia but the Committee is of the opinion that the assessment was not conducted in accordance with the common assessment method;

(c)the taxon is likely to be assessed in accordance with the common assessment method under the law of another jurisdiction but the Committee is of the opinion that there are factors that warrant the assessment of the taxon on the basis of its risk of extinction in Victoria.

(5)The Committee may only, under subsection (4), assess the eligibility of a taxon of flora or fauna to be listed on the basis of its risk of extinction in Victoria for any of the following categories of threat—

(a)extinct;

(b)extinct in the wild;

(c)critically endangered;

(d)endangered;

(e)vulnerable.

16DThe Committee's preliminary recommendation

(1)The Committee, after assessing a nomination, must make a preliminary recommendation that the nomination should either be supported, with or without variation, or not be supported.

(2)When the Committee has made a preliminary recommendation it must as soon as possible—

(a)notify the nominator (other than the Committee) of the nomination; and

(b)publish the Committee's preliminary recommendation and the reasons for it on the Internet together with a statement that submissions may be made on the preliminary recommendation to the Committee within 30 days after publication of the preliminary recommendation; and

(c)publish a notice of the making of the preliminary recommendation in the Government Gazette that includes a statement that submissions may be made on the preliminary recommendation to the Committee within 30 days after publication of the preliminary recommendation.

(3)After publishing a preliminary recommendation the Committee must allow 30 days to elapse for public comment to be made on the preliminary recommendation.

16ETaxon assessed by another jurisdiction as to its risk of extinction in Australia

(1)This section applies if, under the law of another jurisdiction, a taxon of flora or fauna has been assessed in relation to its eligibility to be listed under that law as threatened with extinction and a determination is made—

(a)that the taxon is at risk of extinction in Australia in a particular category of threat; or

(b)that the taxon is not at risk of extinction in Australia in a particular category of threat; or

(c)that the taxon is at risk of extinction in Australia in a different category of threat to the category of threat that currently applies to the taxon.

(2)If the Committee is of the opinion that the assessment of the taxon of flora or fauna was conducted in accordance with the common assessment method, the Committee must decide to make a final recommendation under section 16F in relation to the taxon that is the same as any recommendation arising from the assessment.

Note

If the Committee does not make a final recommendation under section 16F in relation to a taxon referred to in subsection (1) because the Committee is of the opinion that the assessment of the taxon in another jurisdiction was not conducted in accordance with the common assessment method, a nomination under section 16A could be made by a person or the Committee in relation to the taxon and in that case the assessment process in this Division would apply.

16FThe Committee's final recommendation

(1)The Committee must make a final recommendation to the Minister—

(a)that a nomination should either be supported, with or without variation, or not be supported; or

(b)in relation to a taxon of flora or fauna referred to in section 16E(2)—

(i)that the taxon be specified in the Threatened List; or

(ii)that the taxon be removed from the Threatened List; or

(iii)that a change be made to the category of threat that applies to the taxon in the Threatened List; or

(iv)that the taxon not be specified in the Threatened List; or

(v)that no change be made to the category of threat that applies to the taxon in the Threatened List.

(2)If a preliminary recommendation on a nomination has been made under section 16D, the Committee must consider any public comments made within the 30‑day period allowed for public comment under section 16D(3) before making a final recommendation to the Minister under subsection (1)(a).

(3)The Committee must give reasons for its final recommendation to the Minister.

(4)The Committee must make a final recommendation—

(a)under subsection (1)(a) within 3 years after the making of the nomination; and

(b)under subsection (1)(b) within 2 years after the making of the decision under section 16E(2).

(5)When the Committee has made its final recommendation—

(a)it must notify any nominator (other than the Committee) of the recommendation; and

(b)publish the recommendation and the reasons for it on the Internet; and

(c)publish a notice of the making of the recommendation in the Government Gazette.

16GMinister's recommendation

(1)After receiving a final recommendation from the Committee, the Minister may recommend to the Governor in Council that the Governor in Council—

(a)specify any eligible taxon of flora or fauna in the Threatened List and set out the extinction risk of, and the category of threat that applies, to the taxon; or

(b)specify an eligible community of flora or fauna in the Threatened List; or

(c)remove any taxon of flora or fauna from the Threatened List that is no longer an eligible taxon of flora or fauna; or

(d)remove any eligible community of flora or fauna from the Threatened List that is no longer an eligible community of flora or fauna; or

(e)amend the Threatened List to change the extinction risk of, or the category of threat that applies to, a taxon of flora or fauna specified in that list; or

(f)specify an eligible potentially threatening process in the Processes List; or

(g)remove a potentially threatening process from the Processes List that is no longer an eligible potentially threatening process.

(2)Before making a recommendation under subsection (1), the Minister must consider the final recommendation of the Committee.

(3)For each final recommendation of the Committee, the Minister must—

(a)within 60 days after receiving the final recommendation make a decision as to whether or not to support the final recommendation; and

(b)if the Minister supports the final recommendation, make a recommendation under subsection (1) in relation to the final recommendation (other than a final recommendation referred to in section 16F(1)(b)(iv) or (v)).

Note

A final recommendation of the Committee in relation to a taxon of flora or fauna referred to in section 16F(1)(b)(iv) or (v) will not require a recommendation under subsection (1) as there will be no change required to be made to the Threatened List in relation to that taxon.

(4)A decision by the Minister under subsection (3) is not made invalid by a failure to make that decision within the 60 day period referred to in that subsection.

(5)The Minister must cause—

(a)a decision made by the Minister under this section and the reasons for it to be published on the Internet; and

(b)a notice of the making of the decision to be published in the Government Gazette.

16HDecisions and recommendations must be made on the basis of nature conservation matters

In making a decision or recommendation under this Division, the Minister and the Committee must have regard only to nature conservation matters.

Division 4—General

16IRecommendations that minor amendments be made to lists

(1)The Committee may recommend to the Minister that a minor amendment be made to the Threatened List or the Processes List.

(2)The Minister, within 60 days after receiving the recommendation of the Committee, may recommend to the Governor in Council that the Governor in Council make a minor amendment to the Threatened List or the Processes List.

(3)A recommendation by the Minister under subsection (2) is not made invalid by a failure to make that recommendation within the 60-day period referred to in that subsection.

(4)Nothing in Division 3 applies—

(a)to the Committee in respect of the Committee's decision to make a recommendation under subsection (1); or

(b)to the Minister in making a recommendation under subsection (2); or

(c)to the making of a minor amendment referred to under subsection (2).

(5)In this section—

minor amendment means an amendment made to the Threatened List or the Processes List that does not change the status of the listing or category of threat (if applicable) of a listed taxon of flora or fauna, a listed community of flora or fauna or a listed potentially threatening process and includes any of the following—

(a)a change in the name of a listed taxon of flora or fauna;

(b)a reclassification of a listed taxon of flora or fauna into a further taxon as a result of taxonomic revision;

(c)a clarification of a description of a listed community of flora or fauna including to reflect new surveys or research conducted in relation to the community;

(d)a correction of any minor error or omission.

16JConsolidated lists to be published on the Internet

(1)The Minister must, as soon as practicable after there has been a change made to the Threatened List or the Processes List, ensure that an up-to-date consolidated version of the Threatened List or the Processes List is published on the Internet.

(2)In this section—

change made to the Threatened List or the Processes List means—

(a)any additional taxon of flora or fauna, community of flora or fauna or potentially threatening process that is specified in the Threatened List or the Processes List; or

(b)any taxon of flora or fauna, community of flora or fauna or potentially threatening process that is removed from the Threatened List or the Processes List; or

(c)any recategorisation amendment that is made to the Threatened List in relation to a taxon of flora or fauna; or

(d)any minor amendment that is made to the Threatened List or the Processes List.

16KMinister to review Lists

(1)The Minister must, in accordance with the regulations, ensure that the Threatened List and the Processes List are reviewed for the purposes of identifying any necessary changes referred to in section 16J(2) to be made to those lists.

(2)The Minister must ensure that reviews required under subsection (1) are carried out at intervals of no more than 5 years.

(3)The first review required under subsection (1) must be carried out within 6 years after the commencement of this Part.

(4)The Minister must provide a copy of any review carried out under this section to the Committee.

PART 4—MANAGEMENT PROCESSES

Division 1—Biodiversity Strategy

17Biodiversity Strategy

(1)The Secretary must make a Biodiversity Strategy in relation to the objectives of this Act.

(2)A Biodiversity Strategy must include—

(a)proposals for achieving the objectives; and

(b)targets to measure the achievement of the objectives; and

(c)a framework for the purposes of monitoring and evaluating the implementation of the strategy.

18Preparation of a Biodiversity Strategy

In preparing a Biodiversity Strategy, the Secretary must consider—

(a)the objectives and principles of this Act; and

(b)the need to achieve the objectives and principles of this Act efficiently, effectively and with minimum adverse social and economic impacts; and

(c)any approved national biodiversity strategy or equivalent; and

(d)any other prescribed matter.

18APublic consultation on a Biodiversity Strategy

(1)Before making a Biodiversity Strategy, the Secretary must publish—

(a)on the Internet—

(i)a copy of the draft strategy; and

(ii)a statement that submissions on the draft strategy may be made to the Secretary on or before a specified date, being at least 30 days after publication; and

(b)in a newspaper circulating generally throughout Victoria a notice that—

(i)summarises the contents of the draft strategy; and

(ii)specifies where a copy of the draft strategy can be obtained; and

(iii)states that submissions on the draft strategy may be made to the Secretary on or before a specified date, being at least 30 days after publication of the notice in the newspaper.

(2)The Secretary must consider any submissions received on or before the specified date.

18BMaking and publication of a Biodiversity Strategy

(1)After considering any submissions on a Biodiversity Strategy, the Secretary may make the strategy.

(2)The Secretary must publish notice of the making of a Biodiversity Strategy in—

(a)the Government Gazette; and

(b)a newspaper circulating generally throughout Victoria.

(3)In addition to the notice under subsection (2), the Secretary must publish a copy of the Biodiversity Strategy on the Internet.

18CAmendment of a Biodiversity Strategy

(1)The Secretary may amend a Biodiversity Strategy at any time.

(2)Sections 17 to 18B apply to the amendment of a Biodiversity Strategy as if the amendment were a draft strategy.

(3)Subsection (2) does not apply if the Secretary considers the amendment to be fundamentally declaratory, machinery or administrative in nature.

18DReport on the implementation of a Biodiversity Strategy

(1)The Commissioner for Environmental Sustainability must report on the progress of a Biodiversity Strategy in achieving its proposals and targets no later than 5 years after the making of the first strategy under this Division.

(2)The Commissioner for Environmental Sustainability must report on the progress of a Biodiversity Strategy in achieving its proposals and targets every 5 years after the first report made under subsection (1).

(3)The Secretary must ensure that a report made under this section is laid before both Houses of the Parliament as soon as practicable after the report is made.

18EFuture review of a Biodiversity Strategy

(1)The Secretary must cause a review to be made of a Biodiversity Strategy on or before 1 July 2037.

(2)The Secretary must cause further reviews to be made of the Biodiversity Strategy on or before 1 July in every twentieth year after 1 July 2037.

(3)After reviewing a Biodiversity Strategy, the Secretary may amend the strategy in accordance with this Division.

Division 2—Action statements and critical habitat determinations

19Action statements

(1)The Secretary must prepare an action statement for any listed taxon or community of flora or fauna or potentially threatening process as soon as possible after that taxon, community or process is listed.

(2)The action statement must set out what has been done to conserve and manage that taxon or community or process and what is intended to be done and may include information on what needs to be done.

(3)In preparing or amending an action statement the Secretary must consider—

(a)any management advice given by the Committee; and

(b)any other relevant nature conservation, social and economic matters.

(4)The Secretary may amend an action statement.

20Critical habitats

(1)The Secretary may determine any area of Victoria to be a critical habitat.

(2)A determination under subsection (1) must not be made unless the Secretary considers that—

(a)the area significantly contributes to the conservation in Victoria of a listed taxon or community of flora or fauna; or

(b)the area significantly contributes to the conservation in Victoria of a taxon or community of flora or fauna that is not listed, but in respect of which—

(i)a recommendation has been made by the Committee under section 16D; and

(ii)the Minister has not made a decision under section 16G or has made a decision under that section to make a recommendation; or

(c)the area supports ecological processes or ecological integrity that significantly contributes to the conservation of a taxon or community that is listed.

(3)Without limiting subsection (2), a determination of a critical habitat may be made if—

(a)the area is critical to the persistence of a taxon or community of flora or fauna; or

(b)flora or fauna aggregate in the area for reproduction or other important life stages; or

(c)the area is used by flora or fauna to move between populations, migrate or disperse, or as refugia during environmental stress; or

(d)the taxon or community of flora or fauna is occasionally present in the area; or

(e)the taxon or community of flora or fauna is not present in the area but was previously present in the area and there is potential to reintroduce it; or

(f)the area is likely to be needed by a taxon or community of flora or fauna in the future.

20ARole of Committee

(1)The Committee may make a recommendation to the Secretary to make a critical habitat determination.

(2)The Secretary must consider a recommendation of the Committee under subsection (1) and decide whether or not to propose to make a critical habitat determination.

(3)The Secretary must give reasons to the Committee for a decision to propose or not propose to make a critical habitat determination.

(4)The Secretary must publish the decision and the reasons for it on the Internet.

20BPublic consultation on critical habitats

(1)Before making a critical habitat determination, the Secretary must give written notice to the following—

(a)the landholder of any land that is within the area of the proposed determination;

(b)any public authority that performs a function or exercises a power in the area of the proposed determination;

(c)any person whose interests, in the opinion of the Secretary, are likely to be adversely affected by the proposed determination.

(2)A written notice under subsection (1) must include a statement that submissions on the proposed determination may be made to the Secretary on or before a specified date, being at least 30 days after the giving of the notice.

(3)The Secretary must publish on the Internet—

(a)a copy of the proposed determination; and

(b)a general description of the effect of the proposed determination; and

(c)a statement that submissions on the proposed determination may be made to the Secretary on or before a specified date, being at least 30 days after publication.

(4)Subsections (1) and (3) do not apply if the Secretary considers that the written notice or publication of a proposed determination is likely to result in damage being done to the habitat within the area that is subject to the determination.

(5)Subsection (3) does not apply if the landholder of any land requests that the information be withheld and the Minister approves the withholding of the information.

(6)The Secretary must consider any submissions made under this section and received on or before the specified date.

(7)The Secretary must consult with the Committee in preparing a critical habitat determination after the specified date.

20CMaking and publication of critical habitat determinations

(1)After considering any submissions on a proposed critical habitat determination, the Secretary may make the determination with or without amendment.

(2)The Secretary must decide whether or not to make a critical habitat determination within 12 months of the publication of the proposed determination under section 20B(3).

(3)The Secretary must publish notice of the making of a critical habitat determination in the Government Gazette.

20DAmendment of critical habitat determinations

(1)The Secretary may amend a critical habitat determination at any time.

(2)Sections 20 to 20C apply to the amendment of a critical habitat determination as if the amendment were a proposed determination.

(3)Subsection (2) does not apply if the Secretary considers the amendment to be fundamentally declaratory, machinery or administrative in nature.

20EGuidelines

(1)The Secretary may make guidelines in relation to areas that may be eligible for critical habitat determinations.

(2)The Secretary must consult with the Committee before making any guidelines under this section.

(3)The Secretary must publish a copy of any guidelines made under this section on the Internet.

20FCritical habitat agreements

(1)The Secretary must take all reasonable steps to enter into an agreement in respect of an area that is subject to a critical habitat determination.

(2)For the purposes of subsection (1), the agreement must be—

(a)a public authority management agreement; or

(b)an agreement under section 69 of the Conservation, Forests and Lands Act 1987.

(3)An agreement referred to in this section must specify measures to provide for the long-term conservation and protection of the critical habitat.

(4)Subsection (1) does not apply if the Secretary considers that an alternative agreement is in place to provide for the long‑term conservation and protection of the critical habitat.

Division 3—Flora and fauna management plans

21Procedure for making management plans

(1)Subject to subsection (2), the Secretary may make a management plan for any taxon or community of flora or fauna or potentially threatening process.

(2)The Minister may make guidelines in relation to the circumstances in which the Secretary must make a management plan under this section.

(3)The Secretary must make a management plan for a taxon or community of flora or fauna or potentially threatening process in accordance with any guidelines made by the Minister.

(4)Before making a management plan, the Secretary must publish—

(a)on the Internet—

(i)a copy of the draft management plan; and

(ii)a statement that submissions on the draft management plan may be made to the Secretary on or before a specified date, being at least 30 days after publication; and

(b)in a newspaper circulating generally throughout Victoria—notice of the preparation of the draft management plan.

(5)Any person may make submissions to the Secretary about a draft management plan.

(6)After considering all the submissions made within the period set out in the notice the Secretary may make the management plan either with or without changes.

(7)A management plan may deal with one or more taxa or communities or potentially threatening processes.

22Amendment and revocation of management plans

(1)The Secretary may amend or revoke a management plan.

(2)The procedures applicable to the making of a management plan apply to the revocation of a management plan or the making of an amendment to a management plan which is not a minor amendment.

23Contents of management plans

(1)A management plan must state—

(a)the taxon or community of flora or fauna or potentially threatening process to which the plan applies; and

(b)the way in which the objectives of this Act are to be implemented or promoted for the benefit of that taxon or community or the management of that process; and

(c)the method by which progress towards achieving the objectives of this Act can be assessed; and

(d)the date by which the management plan is recommended for review by the Secretary; and

(e)any other prescribed matter.

(2)A management plan may provide for any of the following—

(a)the conservation or restoration of any taxon or community;

(b)the mitigation of impacts to a listed taxon or community, including the manner in which impacts are to be avoided;

(c)the management of a listed potentially threatening process;

(d)the management of a particular area or resource;

(e)the conservation, management or restoration of a critical habitat.

(3)In making or amending a management plan the Secretary must consider—

(a)the objectives and principles of this Act; and

(b)any public submissions; and

(c)any comments from the Committee; and

(d)any relevant action statement; and

(e)any relevant national recovery plan, threat abatement plan or national conservation advice; and

(f)any other relevant nature conservation, social or economic matters; and

(g)any other prescribed matter.

23APublication of a management plan

The Secretary must publish a copy of a management plan on the Internet.

24Review of management plans

The Secretary must review a management plan before the date fixed under section 23(1)(d).

Division 4—Public authority management agreements

25Public authority management agreements

(1)Subject to subsection (1A), the Secretary may enter into an agreement with one or more public authorities to provide for the management of any taxon or community of flora or fauna or potentially threatening process.

(1A)The Secretary must not enter into an agreement if, in the opinion of the Secretary, the agreement would threaten the conservation of any listed taxon or community of flora or fauna.

(2)The Secretary must cause notice of the making of the agreement to be published in the Government Gazette and the agreement must not come into force before the notice is published.

(3)The agreement must set out its purposes and aims, the duties and areas of responsibility of the parties and the date on which it begins and (if necessary) ends.

(4)An agreement may be changed or terminated by mutual agreement between the parties or according to the terms of the agreement.

PART 5—CONSERVATION AND CONTROL MEASURES

Division 1—Habitat conservation orders

26Habitat conservation orders

(1)Subject to this section, the Minister may make a habitat conservation order for the purposes of conserving, protecting or managing—

(a)any critical habitat; or

(b)any area of Victoria that the Secretary proposes to determine as critical habitat but in respect of which a critical habitat determination has not been made.

(2)If a critical habitat determination has been made in relation to a taxon of flora or fauna that is critically endangered or a community of flora or fauna, the Minister must consider whether to make a habitat conservation order for that critical habitat within 2 years of the determination.

(3)A habitat conservation order must not be made unless the Minister considers that the order is necessary—

(a)to halt, prevent or repair damage that has occurred, is occurring, or is likely to occur to the critical habitat or proposed critical habitat; or

(b)to manage the critical habitat or proposed critical habitat to ensure its conservation or protection.

(4)A habitat conservation order made in respect of an area of Victoria that the Secretary proposes to determine as critical habitat, but in respect of which a critical habitat determination has not been made, ceases to have effect 12 months after the order is made if a critical habitat determination is not made in respect of that area within that 12‑month period.

27Content of habitat conservation orders

(1)A habitat conservation order may provide for any of the following—

(a)the conservation, protection or management of flora, fauna, land or water within the critical habitat or proposed critical habitat that is the subject of the order;

(b)the prohibition of any activity, land use or development within the critical habitat or proposed critical habitat;

(c)a requirement for any person proposing to undertake any activity, land use or development within the critical habitat or proposed critical habitat to obtain a permit from the Minister;

(d)a power to enable the Secretary to undertake any actions or works to conserve, protect or manage the critical habitat or proposed critical habitat;

(e)a requirement for the person to repair any damage to the critical habitat or proposed critical habitat that has occurred since the person was given notice of the critical habitat determination or proposed critical habitat determination.

(2)In addition to subsection (1), a habitat conservation order may provide for any of the following in respect of an area that is outside the critical habitat or proposed critical habitat but is likely to adversely affect it—

(a)the prohibition of any activity, land use or development within the area outside the critical habitat or proposed critical habitat;

(b)a requirement for any person proposing to undertake any activity, land use or development within the area outside the critical habitat or proposed critical habitat to obtain a permit from the Minister.

(3)A habitat conservation order may specify a period of time for which a requirement imposed under subsection (1) or (2) has effect.

(4)A habitat conservation order remains in force for the period specified in the order which must not exceed 10 years after the order takes effect.

28Preparation of habitat conservation orders

(1)In preparing a habitat conservation order, the Minister must consider—

(a)the objectives and principles of this Act; and

(b)nature conservation matters; and

(c)the social and economic consequences of making the order.

(2)Before making a habitat conservation order, the Minister must consult with any other Minister whose area of responsibility is likely to be affected by a habitat conservation order.

(3)Subsection (4) applies if the Minister is proposing to make an order in relation to a critical habitat and—

(a)some or all of the critical habitat is within an area of land that is the subject of an agreement under Part 6 of the Traditional Owner Settlement Act 2010; and

(b)the order will affect the carrying out of an agreed activity under the agreement.

(4)The Minister must not make the order—

(a)unless before making the order the Secretary takes all reasonable steps to reach agreement with the relevant traditional owner group entity on alternative measures for the conservation, protection or management of the critical habitat; and

(b)either of the following applies—

(i)agreement is reached by the Secretary and the traditional owner group entity on alternative measures;

(ii)a reasonable time is allowed for agreement to be reached by the Secretary and the traditional owner group entity on alternative measures.

29Making, amendment and revocation of habitat conservation orders

(1)The Minister must give notice of the making of a habitat conservation order to—

(a)any landholder in relation to land within the critical habitat; and

(b)any public authority that performs a function or exercises a power in the critical habitat; and

(c)any person whose interests, in the opinion of the Secretary, are likely to be adversely affected by the habitat conservation order.

(2)A notice under subsection (1) must state that submissions on the habitat conservation order may be made to the Minister on or before a specified date, being at least 30 days after receipt of the notice.

(3)After considering any submissions received on or before the specified date, the Minister may confirm, amend or revoke the habitat conservation order.

(4)A notice under subsection (1) must be in the prescribed form.

30Publication of habitat conservation orders

(1)The Minister must publish notice of the making of a habitat conservation order in the Government Gazette.

(2)A habitat conservation order comes into operation—

(a)on the date on which the notice under subsection (1) is published in the Government Gazette; or

(b)on any later date specified in the notice.

31Further amendment of habitat conservation orders

(1)The Minister may amend a habitat conservation order at any time.

(2)Sections 26 to 30 apply to the amendment of a habitat conservation order as if the amendment were a proposed order.

(3)Subsection (2) does not apply if the Minister considers the amendment to be fundamentally declaratory, machinery or administrative in nature.

32Offence to contravene a habitat conservation order

A person must not contravene a habitat conservation order.

Penalty:In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

In the case of a body corporate, 1200 penalty units.

33Defects in procedure

(1)A person cannot bring an action in respect of a failure to comply with the procedure for making a habitat conservation order unless the person is substantially or materially disadvantaged by the failure.

(2)A habitat conservation order or an amendment to a habitat conservation order is not made invalid by any failure to comply with the procedure for making or amending a habitat conservation order.

(3)A person may apply to the Tribunal for review of a decision to make a habitat conservation order if that person is substantially or materially disadvantaged by a failure to comply with the procedure for making the order.

34Suspension of other licences, permits and authorities

(1)The Minister may suspend a licence, permit or other authority issued under any other Act that permits the holder of the licence, permit or authority to act in contravention of a habitat conservation order.

(2)A licence, permit or other authority referred to in subsection (1) may be suspended to the extent that it permits the contravention of the habitat conservation order.

(3)Before suspending the licence, permit or other authority, the Secretary must consult with the issuer of the licence, permit or authority and advise the Minister of the result of the consultation.

(4)The Secretary must give notice of the suspension of the licence, permit or other authority to the holder of the licence, permit or authority.

(5)The suspension of the licence, permit or other authority commences—

(a)at the time at which the notice is given; or

(b)on any later date specified in the notice.

35Permits

(1)A person who wishes to undertake a particular use or activity for which a permit is required under a habitat conservation order must apply to the Minister.

(2)In determining whether to grant a permit, the Minister must consider—

(a)the objectives and principles of this Act; and

(b)the significance of the likely impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and

(c)whether all reasonable steps have been taken to avoid the impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and

(d)the likely effectiveness of any proposed measures to mitigate the impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and

(e)any possible social and economic effects that the granting of the permit might have.

(3)The Minister must not grant a permit unless the Minister considers that the granting of a permit would not threaten the conservation of any taxon or community of flora or fauna within the area.

(4)If the Secretary undertakes any actions or works to manage a habitat or a person is required to repair any damage to the habitat under a habitat conservation order, the Secretary or person is not required to obtain a permit or other authority under the Planning and Environment Act 1987 to carry out those actions or works.

36Reviews

(1)A person may apply to the Tribunal for review of—

(a)a requirement or prohibition imposed by a habitat conservation order that affects that person's interests; or

(b)a decision of the Minister under a habitat conservation order that affects that person's interests; or

(c)a decision of the Minister to suspend a licence, permit or authority of that person under section 34.

(2)If the Minister has not determined an application for a permit within 45 days after it is lodged, the Minister is taken to have made a decision refusing the application at the end of that 45-day period.

(3)An application for review must be made—

(a)within 30 days after the day on which the applicant was advised of the requirement, prohibition or decision; or

(b)in the circumstances referred to in subsection (2), within 30 days after the end of the 45‑day period referred to in that subsection.

37Application for declaration

(1)A person may apply to the Tribunal for a declaration concerning the validity of a requirement, prohibition or decision referred to in section 36(1).

(2)On an application under subsection (1), the Tribunal may make any declaration it considers appropriate in the circumstances.

(3)The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal.

(b)a person appointed as a member of the Scientific Advisory Committee whose appointment is in effect immediately before the commencement day is taken to be appointed as a member of the Scientific Advisory Committee under this Act.

75Listing of taxa of flora and fauna

(1)On and after the commencement day, a taxon of flora or fauna that is specified in the old Threatened List immediately before that day is taken to be specified in the Threatened List under section 10(1) of this Act until an Order under subsection (12) is made in relation to the taxon.

(2)If the Minister is satisfied that a taxon of flora or fauna, which is listed in the old Threatened List immediately before the commencement day, is eligible to be specified in the Threatened List in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List—

(a)if the taxon is at risk of extinction in Australia, as being at risk of extinction in Australia in that category of threat; or

(b)if the taxon is not at risk of extinction in Australia, as being at risk of extinction in Victoria in that category of threat.

(3)If the Minister is satisfied that a taxon of flora or fauna, which is listed in the Federal List but not in the old Threatened List immediately before the commencement day, is eligible to be specified in the Threatened List on the basis of its risk of extinction in Australia in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List as being at risk of extinction in Australia in that category of threat.

(4)If the Minister is satisfied that a taxon of flora or fauna, which is listed on an advisory list but not in the old Threatened List or the Federal List immediately before the commencement day, is eligible to be specified in the Threatened List in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List—

(a)if the taxon is at risk of extinction in Australia, as being at risk of extinction in Australia in that category of threat; or

(b)if the taxon is not at risk of extinction in Australia, as being at risk of extinction in Victoria in that category of threat.

(5)If the Minister is satisfied that a taxon of flora or fauna, which is listed in the old Threatened List immediately before the commencement day, is no longer eligible to be specified in the Threatened List, the Minister may recommend that the Governor in Council remove the taxon from the Threatened List.

(6)The Minister must, in deciding whether a taxon of flora or fauna is eligible to be specified in the Threatened List under subsection (2), (3) or (4) or in deciding whether to remove a taxon of flora or fauna from the Threatened List under subsection (5), take into account the relevant eligibility criteria prescribed for the purposes of Division 2 of Part 3.

(7)The Minister must make a recommendation under subsection (2), (3), (4) or (5) within 12 months after the commencement day.

(8)The Minister may request advice from the Committee on making a recommendation under subsection (7).

(9)The Committee must provide advice to the Minister within 60 days after a request under subsection (8).

(10)If the Committee provides advice to the Minister in accordance with subsection (9), the Minister must take into account the advice before making the relevant recommendation under subsection (7).

(11)Division 3 of Part 3 does not apply in respect of a recommendation to the Governor in Council made by the Minister under this section.

(12)The Governor in Council may by Order published in the Government Gazette in accordance with a recommendation of the Minister under this section—

(a)change the extinction risk that applies to a taxon of flora or fauna that is specified in the Threatened List and apply the relevant category of threat to the taxon; or

(b)specify a taxon of flora or fauna in the Threatened List setting out the relevant extinction risk of the taxon and the relevant category of threat that applies to the taxon; or

(c)remove a taxon of flora or fauna from the Threatened List.

(13)An Order made by the Governor in Council under subsection (12)—

(a)on the recommendation of the Minister under subsection (2), is taken to be an Order made under section 10(5) of this Act; and

(b)on the recommendation of the Minister under subsection (3) or (4), is taken to be an Order made under section 10(2) of this Act; and

(c)on the recommendation of the Minister under subsection (5), is taken to be an Order made under section 10(4) of this Act.

(14)In this section—

advisory list means any of the following advisory lists kept by the Department—

(a)Advisory list of rare or threatened plants in Victoria—2014;

(b)Advisory list of threatened vertebrate fauna in Victoria—2013;

(c)Advisory list of threatened invertebrate fauna in Victoria—2009;

Note

These advisory lists are located on the Internet site of the Department.

Federal List means the list of threatened species referred to in section 178 of the Commonwealth Act.

76Listing of communities of flora and fauna

On and after the commencement day, a community of flora or fauna that is specified in the old Threatened List immediately before that day is taken to be specified in the Threatened List under section 10(1) of this Act.

77Listing of potentially threatening processes

On and after the commencement day, a potentially threatening process that is specified in the Processes List immediately before that day is taken to be specified in the Processes List under section 11(1) of this Act.

78Nominations for listing made before commencement of new Part 3

(1)A nomination that was made to the Committee under Part 3 as in force immediately before the commencement day that was under consideration by the Committee under section 13 of that Part immediately before the commencement day is taken—

(a)to have been made under Division 3 of Part 3 of this Act as amended by the 2019 Act; and

(b)to be under consideration of the Committee under section 16B.

(2)A nomination that was made to the Committee under Part 3 as in force immediately before the commencement day in respect of which the Committee had accepted the nomination and for which no Order was made under section 10 of that Part immediately before the commencement day is taken—

(a)to have been made under Division 3 of Part 3 of this Act as amended by the 2019 Act; and

(b)to be under assessment by the Committee under section 16C.

79Flora and Fauna Guarantee Strategy

On and after the commencement day, a Flora and Fauna Guarantee Strategy prepared under Division 1 of Part 4 as in force immediately before that day is taken to be a Biodiversity Strategy made under this Act.

80Protected flora

On and after the commencement day, a taxon of flora declared to be protected immediately before that day is taken to have been declared to be protected under section 46 of this Act.

81Applications for licences and permits

(1)On and after the commencement day, an application for a licence under section 48(1) that is in force immediately before that day and in respect of which the Secretary has not made a decision is taken to be an application under section 48(1) of this Act.

(2)On and after the commencement day, an application for a permit under section 48(2) that is in force immediately before that day and in respect of which the Secretary has not made a decision is taken to be an application under section 48(2) of this Act.

(3)On and after the commencement day, an application for a licence under section 53(1) that is in force immediately before that day and in respect of which the Secretary has not made a decision is taken to be an application under section 53(1) of this Act.

82Licences, permits and authorisations

(1)On and after the commencement day, a permit issued under section 40 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 35 of this Act.

(2)On and after the commencement day, a licence or permit issued under section 48 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 48 of this Act.

(3)On and after the commencement day, an Order for an authorisation made under section 48 that was in force immediately before that day—

(a)is taken to continue in force on the same terms and conditions as if it had been made under section 48A of this Act; and

(b)remains in force for 10 years after the commencement day.

(4)On and after the commencement day, a licence issued under section 53 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 53 of this Act.

(5)On and after the commencement day, an Order for an authorisation made under section 53 that was in force immediately before that day—

(a)is taken to continue in force on the same terms and conditions as if it had been made under section 53A of this Act; and

(b)remains in force for 10 years after the commencement day.

SCHEDULES

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 24 March 1988

Legislative Council: 21 April 1988

The long title for the Bill for this Act was "A Bill to provide for the conservation and management of flora and fauna.".

The Flora and Fauna Guarantee Act 1988 was assented to on 24 May 1988 and came into operation as follows:

Sections 1–4, 8, 11, 69 on 24 May 1988: section 2(1); rest of Act on 25 September 1988: Special Gazette (No. 81) 25 September 1988 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Flora and Fauna Guarantee Act 1988 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 11) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 items 12.1–12.8) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	S. 58(Sch. 1 item 7) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Fisheries Act 1995, No. 92/1995

Assent Date:	5.12.95
Commencement Date:	S. 161(Sch. 2 item 1) on 1.4.98: Government Gazette 26.2.98 p. 418
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Environment Conservation Council Act 1997, No. 41/1997

Assent Date:	11.6.97
Commencement Date:	S. 28 on 1.7.97: Special Gazette (No. 75) 1.7.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Catchment and Land Protection (Amendment) Act 1998, No. 39/1998

Assent Date:	26.5.98
Commencement Date:	S. 14 on 31.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 31) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 9 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 23) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Flora and Fauna Guarantee (Amendment) Act 2000, No. 10/2000

Assent Date:	18.4.00
Commencement Date:	Ss 1, 2 on 19.4.00: s. 2(1); rest of Act on 29.6.00: Government Gazette 29.6.00 p. 1455
CurrentState:	All of Act in operation

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date:	16.11.04
Commencement Date:	S. 48 on 23.5.05: Government Gazette 19.5.05 p. 930
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 80) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 15) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 41) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Resources Industry Legislation Amendment Act 2009, Act No. 6/2009

Assent Date:	3.3.09
Commencement Date:	S. 51 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 113, 114 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 14) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Traditional Owner Settlement Amendment Act 2013, No. 4/2013

Assent Date:	19.2.13
Commencement Date:	S. 32 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 19) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 30 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 165 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 57) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 28/2019, 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 37 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	Ss 4–44 on 1.6.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Water and Catchment Legislation Amendment Act 2021, No. 48/2021

Assent Date:	3.11.21
Commencement Date:	Ss 141–143, 146 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024

Assent Date:	26.3.24
Commencement Date:	S. 28 on 26.3.25: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 13) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Flora and Fauna Guarantee Act 1988

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Gazette     7 August 1991 pages 2210, 2211

Government Gazette     14 August 1991 page 2282

Government Gazette    18 December 1991 page 3539

Government Gazette    27 May 1992 page 1258

Government Gazette    30 September 1992 page 2909

Government Gazette    11 February 1993 pages 289, 290

Government Gazette    6 May 1993 page 1000

Government Gazette    12 August 1993 page 2272

Special Gazette
    (No. 95)              21 December 1993 page 1

Government Gazette    25 August 1994 page 2322

Government Gazette    11 May 1995 pages 1153, 1154

Government Gazette    8 June 1995 page 1391

Government Gazette    24 August 1995 pages 2269, 2270

Government Gazette    21 December 1995 page 3659

Government Gazette    15 August 1996 pages 2173, 2174

Government Gazette    7 November 1996 page 2909

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 10(1): An updated list of taxa and communities of flora and fauna which are threatened is available on the Department's website.

[2] S. 11(1): An updated list of potentially threatening processes is available on the Department's website.