Function VF 284
Conservation (flora)
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  • Use this Function for
    Conservation of flora/plants From 1930 - 1988 policing and prosecution of persons removing or damaging proclaimed native plants or flowers from public or land (where the consent of the owner had not been given) undertaken under the provisions of the Wild Flowers and Native Plants Protection Act 1930 and 1958 From 1988-ct Functions undertaken in conjunction with the administration of conservation programmes, under the provisions of the Flora and Fauna Guarantee Act 1988 including: Protection of all native plants, vascular (eg. trees, shrubs, grasses, ferns) and non-vascular (eg. mosses, algae seaweeds, lichens, fungi) Administration of a system of controls, via permits, over the taking, trading, keeping, moving and procession of protected flora/plants Recommendation for listing of "threatened species" (rare, geographically restricted, vulnerable or endangered species); Functions undertaken by the Scientific Advisory Committee considering nominations for listing Preparation of Flora and Fauna Guarantee Strategy Administration of Interim Protection Orders, issued by the Determination of critical habitats by the Director/Secretary of the Department, Administration of Public Authority Management Agreements and consultation with public authority regarding work plans for activities within critical habitats.

  • Do not use this Function for
    Conservation of fisheries and wildlife Conservation of natural resources for the purpose of future development or exploitation (e.g. minerals, forests, water) Conservation of the cultural environment (libraries, museums, galleries, public records) Control and/or management of parks and reserves Environmental protection (from atmospheric emissions; waste; litter; noise) including protection of air quality; water quality; pollution Heritage protection (historic buildings and sites; archaeological relics; shipwrecks) Historic sites on crown land Soil conservation or salinity Marine conservation Herbarium and government botanist National parks Botanic gardens

 
Description of this FunctionDescription of this Function
Background The first legislation to protect native plants and flowers was introduced in 1930 as a result of community (naturalists associations etc.) agitation for a means to stop "tourists" from removing plants and flowers from public and land which was seen to be resulting in the extinction of indigenous plants. Under the legislation specific plants proclaimed by the Governor in Council were protected and periods of protection could be specified or left unlimited. Provision was made for licences to pick plants for scientific purposes to be approved by the Minister on the recommendation of the Forests Commission. Rangers and honorary rangers policed the provisions of Act. More general management and conservation of native plants was also undertaken by a range of government agencies as part of the exercise of their substantive duties. These agencies included the National Parks Authority/Service (VA 549), the Victorian Forests Commission (VA 534), the Department of Crown Lands and Survey (VA 538); and the Land Conservation Council (VA 1410). Reforms after 1988 In 1988 the Flora and Fauna Guarantee Act was passed with the purpose of establishing a legal and administrative structure to enable and promote the conservation of Victorias native flora and fauna. The objectives of the Act were: to guarantee the survival, flourishing and evolutionary development of flora and fauna in the wild to conserve communities of flora to manage potentially threatening processes to ensure any human use was sustainable to ensure that the genetic diversity is maintained to provide programs of community education to encourage co-operative management to assist and give incentives for the conservation of flora. The carrying out of the functions of the Act was to be achieved by the establishment of a unit in the relevant Government Department and the establishment of the Scientific Advisory Committee. The Committee consists of three senior government scientific officers, two scientists from a Victorian educational institution and two scientists not employed in Government. The Committee members are required to have expertise in a range of areas specified in the Act. The role of the Committee is to consider nominations for the addition of threatened species , communities and potentially threatening processes. The Committee provides advice to the Minister on these nominations and other conservation matters. The Act also gave the Land Protection Council, Land Protection Regional Advisory Committees and the Conservation Advisory Committee the right to provide advice to the Minister with regard to the Act. The responsible officer is obligated to prepare a Flora and Fauna Guarantee Strategy with drafts to be publicised for public comment and submissions. Determinations of critical habitats may be made, though locations may be withheld. The officer also has the right to prepare management plans for the protection of potentially threatened species with notice having to be publicly given. The responsible officer may also enter into Public Authority Management Agreements with public authorities for the management of any community of flora or any threatening process. Interim Conservation Orders may be issued for the conservation of critical habitats. Appeals against any of these could be made to the Administrative Appeals Tribunal and , from 1998, the Victorian Civil and Administrative Tribunal. If flora are declared to be protected species, a licence is required for the taking, trading in, keeping, moving an processing of the flora. Penalties may be imposed for the taking of any of these actions without licence or permit.
 
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    Crown lands (public) VF 309
    Forests VF 30
    Herbarium VF 26
    National parks VF 173
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Agencies with prime responsibility for this FunctionAgencies with prime responsibility for this Function
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Date of Responsibility Agency Title Agency Number
- 1983 Department of State Forests (Forests Commission) VA 534
1983 - 1990 Department of Conservation, Forests and Lands VA 1034
1990 - 1992 Department of Conservation and Environment VA 3004
1992 - 1996 Department of Conservation and Natural Resources VA 3097
1996 - cont Department of Natural Resources and the Environment VA 3972
2002 - 2013 Department of Sustainability and Environment VA 4554
2013 - 2014 Department of Environment and Primary Industries VA 5002
2015 - cont Department of Environment, Land, Water and Planning VA 5036
 
Other Agencies responsible for this FunctionOther Agencies responsible for this Function
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Groups related to this FunctionGroups related to this Function
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Date of Responsibility Group Title Group Number
- 1983 Forests VRG 41
1983 - 1990 Conservation, Forests and Lands VRG 75
1990 - cont Conservation and Environment VRG 94
1992 - 1996 Natural Resources VRG 129