/Department of Environment, Land, Water and Planning
Review of the Flora and Fauna Guarantee Act
The review of the Flora and Fauna Guarantee Act has concluded.
Legislation to modernise and strengthen the Act has passed the Victorian Parliament. The Flora and Fauna Guarantee Amendment Bill 2019 amends the Act to provide a modern and strengthened framework for the protection of Victoria’s biodiversity. The amendments will take effect on 1 June 2020.
- retains the Act’s objective to ‘guarantee’ the survival of all of Victoria’s flora and fauna;
- emphasises action that prevents species from becoming threatened;
- adopts the Common Assessment Method, a consistent national approach to the assessment and listing of threatened species;
- requires independent reporting on the implementation of the statewide Biodiversity Strategy – Protecting Victoria’s Environment – Biodiversity 2037;
- improves enforcement powers; and
- increases penalties for all offences.
Legislation to amend the Act was introduced into Parliament in May 2018. The Flora and Fauna Guarantee Amendment Bill 2018 did not pass the Parliament prior to the final scheduled sitting day of the 58th Parliament of Victoria. The 2019 Bill is consistent with the 2018 Bill with some minor and technical variations.
Consultation, submission and response summary
The review of the Flora and Fauna Guarantee Act - Consultation Paper was available for community consideration and comment for 8 weeks from 30 January 2017. The submission period closed on 28 March 2017. A consultation, submission and response summary was released in November 2017.
The consultation paper remains available to download here:
The response summary is available below.
DELWP received 210 submissions on the consultation paper. Thank you to everyone who contributed.
Questions or queries?
For more information about the review please contact the review team directly by:
email at firstname.lastname@example.org, or
phone via the the DELWP customer service centre on 136 186.
About the Act
The Flora and Fauna Guarantee Act 1988 is a key part of Victoria’s legislative framework for the protection and management of biodiversity.
The Act’s objectives aim to conserve all of Victoria’s native plants and animals.
The Act establishes a range of mechanisms to achieve this objective, including:
- listing threatened species, communities and threats to native species
- requiring an overarching strategy for Victoria's biodiversity
- enabling the declaration of habitat critical to the survival of native plants and animals
- placing a duty on public authorities to have regard to the objectives of the Act in their operations
- requiring permits for activities that could harm threatened plants and fish and communities.
The Act has not been significantly amended since 1988 and approaches to conserving biodiversity have changed over the years. The impacts of climate change may also require a rethink of conservation strategies.