The Law Handbook 2024

1044 The Victorian Government ended native forest logging on 1 Jan 2024. Reforms to the Flora and Fauna Guarantee Act and Wildlife Act On 1 June 2020, amendments to the Flora and Fauna Guarantee Act 1988 (Vic) (‘ FFG Act ’) commenced. These are the most substantial changes made to the FFG Act since it was first enacted. The amendments update the FFG Act in some important ways. The amendments: • revise and expand the objectives of the FFG Act, which now include a focus on both preventing species and ecosystems from becoming threatened, as well as enabling their recovery; • include new principles guiding the FFG Act; • include a new comprehensive duty on public authorities to give ‘proper consideration’ to the objectives, to a biodiversity strategy made under the FFG Act, and to other matters; • update the listing process for threatened species and communities making it similar to national and international listing arrangements; • update and clarify conservation tools such as critical habitat and conservation orders; and • provide new enforcement measures including enforceable undertakings. The FFG Act now provides additional legislative guidance on the use of conservation measures, such as critical habitat determinations and various forms of conservation agreement, although use of these measures remains discretionary. New regulations have been made governing threatened species listing but further regulation or guidance on other matters have not. An independent review of the Wildlife Act 1975 commenced in April 2021. The review was established to consider the Act’s objectives and scope, whether the Act establishes a best-practice regulatory framework for achieving its objectives, whether the Act appropriately recognises and protects the rights and interests of Traditional Owners and Aboriginal Victorians in relation to wildlife and their role in decision-making, and the best way to encourage compliance with the Act, including whether offences and penalties are appropriate. The panel’s final report was provided to the government in December 2021. At the time of writing, the government was yet to publish the report or its response. Further information can be found at www.wildlife.vic.gov. au/wildlife-act-review and www.engage.vic.gov.au/ independent-review-victorias-wildlife-act-1975 Contacts Australian Government Department of Climate Change, Energy, the Environment and Water Tel: 1800 920 528 Web: www.dcceew.gov.au Environmental Defenders Office (EDO) Tel: 1800 626 239 Email: info@edo.org.au Web: www.edo.org.au EDO is an environmental legal centre. Environment Protection Authority Victoria (EPA) Tel (pollution watch line): 1300 372 842 (24/7) Email: contact@epa.vic.gov.au Web: www.epa.vic.gov.au EPA Vic is Victoria’s environmental regulator. Environmental Justice Australia (EJA) Level 3, the 60L Green Building, 60 Leicester Street, Carlton Vic 3053 Tel: 8341 3100; 1300 336 842 Email: admin@envirojustice.org.au Web: www.envirojustice.org.au EJA is a legal practice that specialises in environmental law. EJA publishes information about Victorian environmental law and provides targeted access to justice for communities facing environmental justice issues. Lawyers for Forests Web: www.lawyersforforests.org.au Sustainability Victoria Level 12, 321 Exhibition Street, Melbourne Vic 3000 Tel: 1300 363 744 Web: www.sustainability.vic.gov.au Victorian Department of Energy, Environment and Climate Action (DEECA) Tel: 13 61 86 Web: www.deeca.vic.gov.au Victorian Department of Transport and Planning (DTP) Tel: 9655 6666 Web: www.dtp.vic.gov.au