Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of Administra-tive Appeals Tribunal repealed by No.
52/1998
s. 311(Sch. 1 item 31.1(a)).
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S. 3(1) def. of Administra-tive Office inserted by No. 28/2019 s. 4(1).
"Administrative Office" has the same meaning as in the Public Administration Act 2004 ;
"amendment" includes addition, deletion or substitution;
S. 3(1) def. of another jurisdiction inserted by No. 28/2019 s. 4(1).
"another jurisdiction" means the Commonwealth or another State or a Territory;
S. 3(1) def. of authorised officer substituted by No. 68/2016 s. 165.
"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 ;
S. 3(1) def. of biodiversity inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of Biodiversity Strategy inserted by No. 28/2019 s. 4(1).
"Biodiversity Strategy" means a Biodiversity Strategy made under Division 1 of Part 4;
S. 3(1) def. of Catchment Management Authority inserted by No. 39/1998 s. 14(1)(a), amended by No. 48/2021 s. 146.
"Catchment Management Authority" means a Catchment Management Authority under the Catchment and Land Protection Act 1994 ;
S. 3(1) def. of category of threat inserted by No. 28/2019 s. 4(1).
"category of threat", in relation to a taxon of flora or fauna, means any of the categories of threat referred to in section 13 ;
S. 3(1) def. of climate change inserted by No. 28/2019 s. 4(1).
"climate change" has the same meaning as in the Climate Change Act 2017 ;
S. 3(1) def. of Commis- sioner for Environ- mental Sustainability inserted by No. 28/2019 s. 4(1).
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;
S. 3(1) def. of common assessment method inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of Common-wealth Act inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of Conservation Advisory Committee repealed by No. 28/2019 s. 4(7).
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S. 3(1) def. of conservation dependent inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of critical habitat inserted by No. 28/2019 s. 4(1).
"critical habitat" means an area of Victoria in respect of which a critical habitat determination is made;
S. 3(1) def. of critical habitat determination inserted by No. 28/2019 s. 4(1).
"critical habitat determination" means a determination made under Division 2 of Part 4;
S. 3(1) def. of critically endangered inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of Department
substituted by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch.
3 item 80.1), amended by Nos 70/2013 s. 4(Sch. 2 item 19.1), 28/2019
s. 4(2).
"Department" means the Department of Environment, Land, Water and Planning;
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;
S. 3(1) def. of Director-General
repealed by No. 76/1998
s. 9(a)(i).
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S. 3(1) def. of endangered inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of enforceable undertaking inserted by No. 28/2019 s. 4(1).
"enforceable undertaking" means an undertaking accepted by the Secretary under section 62A;
S. 3(1) def. of Excluded List
inserted by No. 10/2000 s. 4.
"Excluded List" means the list made under section 5(1);
S. 3(1) def. of extinct inserted by No. 28/2019 s. 4(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;
S. 3(1) def. of extinct in the wild inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of extinction risk inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of fish amended by
No. 92/1995
s. 161(Sch. 2 item 1).
"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;
S. 3(1) def. of Government Department inserted by No. 28/2019 s. 4(1).
"Government Department" has the same meaning as Department has in the Public Administration Act 2004 ;
S. 3(1) def. of habitat conservation order inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of landholder amended by No. 85/1998 s. 24(Sch. item 23(a)(b)).
"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;
S. 3(1) defs of Land Protection Council , Land Protection Regional Advisory
Committee repealed by No.
52/1994
s. 97(Sch. 3 item 12.1).
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S. 3(1) def. of listed inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of management plan inserted by No. 28/2019 s. 4(1).
"management plan" means a management plan made under Division 3 of Part 4;
S. 3(1) def. of minor amendment inserted by No. 28/2019 s. 4(1).
"minor amendment", in relation to a list under section 10 or 11, has the same meaning as in section 16I(4);
S. 3(1) def. of municipal council inserted by No. 28/2019 s. 4(1).
"municipal council" has the same meaning as Council has in the Local Government Act 1989 ;
S. 3(1) def. of national conservation advice inserted by No. 28/2019 s. 4(1).
"national conservation advice" has the same meaning as approved conservation advice has in the Commonwealth Act;
S. 3(1) def. of national recovery plan inserted by No. 28/2019 s. 4(1).
"national recovery plan" has the same meaning as recovery plan has in the Commonwealth Act;
S. 3(1) def. of nomination inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of private land inserted by No. 28/2019 s. 4(1).
"private land" means any land other than public land;
S. 3(1) def. of Processes List
inserted by No. 10/2000 s. 4, amended by No. 28/2019
s. 4(3).
"Processes List" means the list established and maintained under section 11(1);
S. 3(1) def. of protected flora substituted by No. 28/2019 s. 4(4).
"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;
S. 3(1) def. of public authority substituted by No. 28/2019 s. 4(5).
"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;
S. 3(1) def. of public entity inserted by No. 28/2019 s. 4(1).
"public entity" has the same meaning as in the Public Administration Act 2004 ;
S. 3(1) def. of public land inserted by No. 28/2019 s. 4(1).
"public land" means Crown land or land owned by, or vested in, a public authority;
S. 3(1) def. of recategori- sation amendment inserted by No. 28/2019 s. 4(1).
"recategorisation amendment "means an amendment made to the Threatened List under section 10(5) in relation to a taxon of flora or fauna;
S. 3(1) def. of Regional Catchment and Land Protection Board inserted by No. 52/1994 s. 97(Sch. 3 item 12.2), repealed by No. 39/1998 s. 14(1)(b).
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S. 3(1) def. of restricted use protected flora inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of Secretary inserted by No. 76/1998 s. 9(a)(ii).
"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of State owned enterprise inserted by No. 28/2019 s. 4(1).
"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;
S. 3(1) def. of threat abatement plan inserted by No. 28/2019 s. 4(1).
"threat abatement plan" has the same meaning as in the Commonwealth Act;
S. 3(1) def. of Threatened List
inserted by No. 10/2000 s. 4, amended by No. 28/2019
s. 4(6).
"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;
S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 31.1(b)).
"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;
S. 3(1) def. of V ictorian Catchment and Land Protection Council inserted by No. 52/1994 s. 97(Sch. 3 item 12.3), repealed by No. 39/1998 s. 14(1)(b).
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S. 3(1) def. of Victorian Catchment Management Council inserted by No. 39/1998 s. 14(1)(a), repealed by No. 48/2021 s. 141.
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S. 3(1) def. of vulnerable inserted by No. 28/2019 s. 4(1).
"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.
S. 3(3) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 80.2), 70/2013 s. 4(Sch. 2 item 19.2), 28/2019 s. 4(8).
(3) If under the Public Administration Act 2004 the name of the Department of Environment, Land, Water and Planning is changed, a reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3(4) inserted by No. 28/2019 s. 4(9).
(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.
S. 4 amended by No. 10/2000 s. 5, substituted by No. 28/2019 s. 5.