Biodiversity protection laws, regulations and policies
As concern about the loss of native plants and animals grows governments have introduced more wide-reaching and tougher biodiversity protection legislation.
Commonwealth Environment Protection and Biodiversity Protection Act
The Commonwealth Environment Protection and Biodiversity Protection Act (1999) (the EPBC Act) protects native plants, animals and communities that are listed under international treaties, that occur on Commonwealth land, or that are listed in the schedules to the EPBC Act. The EPBC Act is the 'big gun'of biodiversity protection legislation with a rigorous assessment and enforcement procedure. It is important to know of the presence of EPBC species on a proposed development site prior to any development taking place, as actions which impact on 'protected matters' can attract significant penalties.
Victoria's Flora and Fauna Guarantee Act
Victoria's Flora and Fauna Guarantee Act (1988) (the FFG Act) provides protection for listed native plants and animals. The Act is enforced on State crown land. On private land it has less effect, but this may be altered by the full implementation of the Victorian Native Vegetation Management Framework. Under the Framework the maximum level of vegetation protection is triggered by the presence of species or communities listed in schedules to the FFG Act.
Victoria's Planning and Environment Act
Municipal Planning Scheme provisions applying under the Planning and Environment Act invoke the Native Vegetation Management Framework and other Victorian conservation policies which are required to be considered by Responsible Authorities and Referral Authorities when making decisions regarding planning permit applications.
Conservation considerations are primarily invoked by sections 52.17 and 15.09 of Municipal Planning Schemes.
The Native Vegetation Management Framework has had a substantial effect on planning decision making and vegetation is now much more strongly protected than previously. It is now vitally important that vegetation and habitat quality and extent is considered during due-diligence investigations. Municipalities are typically requiring full flora and fauna assessments on developments on land larger than 0.4 Ha.