The Flora & Fauna Guarantee Act
A species or community of flora and fauna is eligible to be listed under the Flora and Fauna Guarantee Act if it can be demonstrated that:
Threatening processes, such as habitat fragmentation, are also listed under the Flora and Fauna Guarantee Act.
The Flora and Fauna Guarantee Act requires Action Statements to be completed for each listing. An Action Statement sets out management prescriptions to protect endangered species. An Action Statement must be completed 'as soon as possible' after listing.
See list of endangered species and communities, and threatening processes under the Flora and Fauna Guarantee Act.
A lack of State Government resources has resulted in poor administration of the Flora and Fauna Guarantee Act 1988.
The main administrative failings of the Act are:
Referring to Table 2, nominations 377 and 453 took three years to get nominated. The delay resulted in the West RFA failing to consider management issues associated with these threatening process.
Section 19 of the Flora and Fauna Guarantee Act 1988 outlines mandatory requirements for the preparation of Action Statements.
Source Flora and Fauna Guarantee Act 1988
Of the ten items listed in Table 1 & 2, only two Action statements have been prepared (Tiger Quoll & Tall Astelia), despite some nominations being gazetted into the FFG Act as far back as 1991. The requirement for the Director General to prepare an Action statement "as soon as possible" should actually read "as long as you like".
For example: The Action Statements for the Slender Tree Fern ( Nomination 191) has been in draft for over 11 years. The final Recommendation for listing of Nomination 191 refers to logging operations and regeneration burns being the greatest threat.
An Action Statement for the Slender Tree Fern would place prescriptions on logging practices to protect its habitat. This Action Statement was not available for consideration during the West RFA process for the Otways.
All Victorian RFA's including the West Regional Forest Agreement(RFA)
recognise the completion of Action Statements as being critical in providing
management strategies to protect endanger species.
The failure to complete Action Statements renders the RFA Reserve System inadequate for the protection of endangered species due to lack of information and management strategies. Link RFA
The drafting and implementation of the few Action Statements that have been completed require approved by Forestry Victoria before public release. Opportunity for public participation in drafting up Action Statements has been limited. Without public participation, prescriptions regarding logging practices are watered down or deleted.
Under section 48(3) of the Flora and Fauna Guarantee Act 1988, the Governor and Council have published an Order in the Victorian Government Gazette (17 December 1998, page 3088).
"The purpose of this Order is to authorise the taking of protected flora in State Forest and Crown land where that taking is a result of or incidental to Forest produce (including timber) harvesting operations or associated roadworks authorised under the Forests Act 1958."
The Native forest timber industry and DNRE are exempt from complying with legislation which is in place to protect flora species listed in the Flora and Fauna Guarantee Act 1988.
The existence of this Order for exemption is an admission that logging practices in State Forest threaten and destroy listed flora in the Flora and Fauna Guarantee Act 1988.
Section 6.2.3 of the 1992 Otway Forest Management Plan requires flora to be managed in accordance with Action Statements prepared as a part of the Flora and Fauna Guarantee Act 1988.
With most action statements still not complete after 10 years, Forestry Victoria is breaching prescriptions set out in the plan.
Section 6.2.3 Significant Plant Species
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