FLORA AND FAUNA GUARANTEE ACT 1988

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FLORA AND FAUNA GUARANTEE ACT 1988

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objectives of this Act
4A. Principles of this Act
4B. Ministers and public authorities to give proper consideration of objectives
4C. Minister may request information to ensure objectives are being considered
5. Flora and fauna which are excluded from the Act
6. Crown to be bound
6A. Traditional owner agreement for natural resources

PART 2--ADMINISTRATION

7. Functions of the Secretary
8. The Scientific Advisory Committee
9. Advice

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

Division 1--The Threatened List and the Processes List

10. The Threatened List
11. Listing of potentially threatening processes

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

12. Determination of eligibility for listing
13. Eligibility for listing of taxon of flora or fauna
14. Eligibility for listing of communities of flora or fauna
15. Eligibility of sub-species of flora or fauna or narrowly defined community of flora or fauna
16. Eligibility for listing of potentially threatening processes

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

16A. Nominations for listing
16B. Consideration of the nomination by the Committee
16C. Assessment of eligibility of taxon, community or process to be listed
16D. The Committee's preliminary recommendation
16E. Taxon assessed by another jurisdiction as to its risk of extinction in Australia
16F. The Committee's final recommendation
16G. Minister's recommendation
16H. Decisions and recommendations must be made on the basis of nature conservation matters

Division 4--General

16I. Recommendations that minor amendments be made to lists
16J. Consolidated lists to be published on the Internet
16K. Minister to review Lists

PART 4--MANAGEMENT PROCESSES

Division 1--Biodiversity Strategy

17. Biodiversity Strategy
18. Preparation of a Biodiversity Strategy
18A. Public consultation on a Biodiversity Strategy
18B. Making and publication of a Biodiversity Strategy
18C. Amendment of a Biodiversity Strategy
18D. Report on the implementation of a Biodiversity Strategy
18E. Future review of a Biodiversity Strategy

Division 2--Action statements and critical habitat determinations

19. Action statements
20. Critical habitats
20A. Role of Committee
20B. Public consultation on critical habitats
20C. Making and publication of critical habitat determinations
20D. Amendment of critical habitat determinations
20E. Guidelines
20F. Critical habitat agreements

Division 3--Flora and fauna management plans

21. Procedure for making management plans
22. Amendment and revocation of management plans
23. Contents of management plans
23A. Publication of a management plan
24. Review of management plans

Division 4--Public authority management agreements

25. Public authority management agreements

PART 5--CONSERVATION AND CONTROL MEASURES

Division 1--Habitat conservation orders

26. Habitat conservation orders
27. Content of habitat conservation orders
28. Preparation of habitat conservation orders
29. Making, amendment and revocation of habitat conservation orders
30. Publication of habitat conservation orders
31. Further amendment of habitat conservation orders
32. Offence to contravene a habitat conservation order
33. Defects in procedure
34. Suspension of other licences, permits and authorities
35. Permits
36. Reviews
37. Application for declaration
38. Matters Tribunal must take into account
39. Compensation
40. Minister and Secretary to ensure conservation of taxon, community or habitat
41. Habitat conservation orders to prevail over planning schemes
42. Register of critical habitat determinations and habitat conservation orders

Division 2--The handling of flora

45. Reference to flora
46. Declaration of flora to be protected flora
46A. Revocation of declaration of flora to be protected
46B. Guidelines for declaring flora to be protected flora
46C. Minister must publish list of taxa of flora declared to be protected
47. Offence to take restricted use protected flora
47A. Offence to take restricted use protected flora which causes significant detrimental impact on restricted use protected flora
47B. Offence to take other protected flora
47C. Offence to take other protected flora which causes significant detrimental impact to the relevant taxon or community
48. Licence or permit to take, trade in, keep, move or process protected flora
48A. Authorisation to take, trade in, keep, move or process protected flora
48B. Offence to contravene terms of authorisation
49. Offences relating to flora generally
50. Royalties for the taking of flora
51. Relationship between authorities issued under this Division and authorities issued under other Acts

Division 3--The handling of fish

52. Offence to take, trade in or keep fish
52A. Offence to take, trade in or keep fish which causes a significant detrimental impact on the relevant taxon or community
53. Licence or permit to take, trade in or keep fish
53A. Authorisation to take, trade in or keep fish
53B. Offence to contravene terms of authorisation

PART 6--GENERAL

Division 1--General provisions about licences and permits

54. Applications
55. Giving of licences and permits
56. Offence of not complying with terms and limitations of licence or permit

Division 2--Enforcement and powers of authorised officers

56A. Definition
57. Entry without consent or warrant
57A. Entry with warrant to search for evidence of offence
57B. Seizure of things not mentioned in warrant
57C. Announcement before entry
57D. Copy of warrant to be given to occupier
57E. Requirements as to taking samples or seizing things
57F. Samples
57G. Retention notices
57H. Evidentiary provisions relating to retention notices
57I. Disposal or destruction of seized flora or fauna
57J. Sections 57 to 57I do not limit powers of authorised officers

Division 2A--Offences

58. Offence to obstruct an authorised officer
59. Offence to interfere with notices marks or equipment

Division 3--Matters relating to offences

59A. Time for bringing proceedings
60. Cancellation of licence or permit upon conviction
61. Requirement to carry out restoration work
62. Payment of compensation by offender

Division 3A--Remedies

62A. Enforceable undertakings
62B. Person may vary or withdraw enforceable undertaking
62C. Proceedings for contravention
62D. Enforcement of enforceable undertaking
62E. Secretary may take specified actions
62F. Contempt of court proceedings
62G. Secretary may recover costs
62H. Person may recover compensation as debt
62I. Register of enforceable undertakings

Division 4--Simplification of proof

63. Proof of contravention
64. Proof of identity

Division 5--General

65. Certificates
66. Secrecy
67. Availability for inspection
68. Matters to be put in annual report

Division 6--Regulations

69. Regulations

PART 7--TRANSITIONAL PROVISIONS AND REPEALS

70. Repeal and transitional provision
72. Saving of action statements

PART 8--SAVINGS AND TRANSITIONAL PROVISIONS--FLORA AND FAUNA GUARANTEE AMENDMENT ACT 2019

73. Definitions
74. Scientific Advisory Committee
75. Listing of taxa of flora and fauna
76. Listing of communities of flora and fauna
77. Listing of potentially threatening processes
78. Nominations for listing made before commencement of new Part 3
79. Flora and Fauna Guarantee Strategy
80. Protected flora
81. Applications for licences and permits
82. Licences, permits and authorisations
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback