Victorian Consolidated Legislation

FLORA AND FAUNA GUARANTEE ACT 1988

No. 47 of 1988
Version incorporating amendments as at 5 October 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Objectives
   5.      Flora and fauna which are excluded from the Act
   6.      Crown to be bound

   PART 2-ADMINISTRATION

   7.      Functions of the Secretary
   8.      The Scientific Advisory Committee
   9.      Advice

   PART 3-LISTING

   10.     The list
   11.     Eligibility for listing
   12.     Making a nomination for listing
   13.     Consideration of the nomination
   14.     The Committee's preliminary recommendation
   15.     The Committee's final recommendation
   16.     Minister's decision

   PART 4-MANAGEMENT PROCESSES

           Division 1-Flora and Fauna Guarantee Strategy

   17.     The Strategy
   18.     Procedure for making or amending the Strategy

           Division 2-Action statements and critical habitats

   19.     Action statements
   20.     Determination of critical habitats

           Division 3-Flora and fauna management plans

   21.     Procedure for making management plans
   22.     Amendment and revocation of management plans
   23.     Contents of management plans
   24.     Review of management plans

           Division 4-Public authority management agreements

   25.     Public authority management agreements

   PART 5-CONSERVATION AND CONTROL MEASURES

           Division 1-Interim conservation orders

   26.     What is the order to apply to and how is it made?
   27.     What can the interim conservation order provide for?
   28.     Notice of the making of the order
   29.     Submissions
   30.     Recommendations of the Secretary
   31.     Confirmation by the Minister
   32.     Period of operation of an interim conservation order
   33.     Amendment of a confirmed order
   34.     Defects in procedure
   35.     Notice to persons acting outside the critical habitat
   36.     Notice to comply
   37.     Notification of other Administrators
   38.     Suspension of licences, permits or other authorities issued
           under other Acts
   39.     Interim conservation orders to prevail over planning schemes
   40.     Permits
   41.     Reviews
   41A.    Application for declaration
   41B.    Matters Tribunal must take into account
   42.     Authorised officer may take action
   43.     Compensation
   44.     Minister and Secretary to ensure conservation of taxon, community or habitat

           Division 2-The handling of flora

   45.     Reference to flora
   46.     Declaration of flora to be protected flora
   47.     Offences relating to protected flora
   48.     Authorisation to take, trade in, keep, move or process
           protected flora
   49.     Offences relating to flora generally
   50.     Royalties for the taking of flora
   51.     Relationship between authorities issued under this Division
           and authorities issued under other Acts

           Division 3-The handling of fish

   52.     Offence to take, trade in or keep listed fish
   53.     Authorisation to take, trade in or keep listed fish

   PART 6-GENERAL

           Division 1-General provisions about licences and permits

   54.     Applications
   55.     Giving of licences and permits
   56.     Offence of not complying with terms and limitations of licence
           or permit

           Division 2-Enforcement and powers of authorised officers

   57.     Powers of authorised officers
   58.     Offence to obstruct an authorised officer

           Division 3-Matters relating to offences

   59.     Offence to interfere with notices marks or equipment
   60.     Cancellation of licence or permit upon conviction
   61.     Requirement to carry out restoration work
   62.     Payment of compensation by offender

           Division 4-Simplification of proof

   63.     Proof of contravention
   64.     Proof of identity

           Division 5-General

   65.     Certificates
   66.     Secrecy
   67.     Availability for inspection
   68.     Matters to be put in annual report

           Division 6-Regulations

   69.     Regulations

   PART 7-TRANSITIONAL PROVISIONS AND REPEALS

   70.     Repeal and transitional provision
   71.     Previously recommended matters may be included on lists without further recommendation
   72.     Saving of action statements
           __________________
           SCHEDULE 1-Previously Recommended Taxa which may be
           Included on the Excluded List without further Recommendation
           SCHEDULE 2-Previously Recommended Taxa and Communities which may be Included on the Threatened List
           without further Recommendation
           SCHEDULE 3-Previously Recommended Processes which may
           be Included on the Processes List without further Recommendation
           SCHEDULE 4-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details