Stated purpose:
The purpose of this bill is to promote Victoria’s biodiversity by amending the Flora and Fauna Guarantee Act 1998 (Vic). Victoria’s natural environment is home to a special and unique blend of plants and animals, with many species and ecological communities only occurring in that state. The bill proposes to modernise and revive the Act to introduce contemporary practices in biodiversity management, regulation and government accountability. The bill also proposes to impose additional obligations to consider biodiversity in decision-making, improving transparency and accountability.
Native title implications:
The Bill proposes to introduce a set of principles that will guide the administration of the Act and direct decision makers to consider certain matters in exercising their functions under the Act. One of these principles includes the requirement that decision makers give proper consideration to the rights and interests of Traditional Owners.
For further information see the Explanatory Memorandum and the Second Reading Speech.
Relevant provisions:
28 Preparation 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 20 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.
6 New sections 4A to 4C inserted
After section 4 of the Principal Act insert—
"4A Principles of this Act
It is a principle of this Act that a decision, 5 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 20 economic advancement;
7 Traditional owner agreement for natural resources
In section 6A of the Principal Act, for "section 36" substitute "section 32".