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PROTECTING NATURE

All of the administrative systems and bodies of law discussed above are relevant to the protection of natural environments as well as urbanised human environments. The activity complained about might require planning permission, or an environmental impact assessment (EIA) or works approval. All of these legal processes have enforceable opportunities for input by members of the community, as described above. Other laws and systems specifically directed to the protection of nature and natural areas include the EPBC Act, Flora and Fauna Guarantee Act 1988 (Vic) ("FFG Act"), Wildlife Act 1975 (Vic), National Parks Act 1975 (Vic) and Heritage Rivers Act 1992 (Vic).

These laws have two interconnected aspects:

  1. identification or listing; and
  2. enforcement.

Generally, only species or natural systems that have been identified and listed can be the object of enforcement. The community plays an important role in identifying important natural systems and habitats, and pressing for them to be listed.

Enforcement is, however, usually at the discretion of the relevant Minister. In the 17 years of its operation, only one coercive order, then only temporary, has been made under the FFG Act with respect to a listed species on private land. (For more information on these systems see the Environment Defenders Office (EDO) publications Disappearing Acts and Introduction to Victoria's Key Environment and Planning Law in "Further reference", below).

Many natural systems and habitats are found in the state's forests, on public land but outside national parks or reserves, and vulnerable to logging operations. We saw above that actions under the national system of Regional Forest Agreements are exempt from EIA under the EPBC Act, and is an EIA, even if a "significant impact" is ever found, ever more than an investigatory and reporting mechanism completely in the hands of government in any case? Forestry operations are carried out under the Forests Act 1958 (Vic), the Conservation, Forests and Lands Act 1987 (Vic) and the plethora of regulations and management plans made under them.

With few exceptions the community is allowed no direct role in the enforcement of these laws. Protests are organised regularly against logging activities that are or should be banned. Readers seeking information about their rights in environmental protests are referred to Chapters 11*2 Community Activism, and 3 Arrest, Bail and Court. The organisation Lawyers for Forests also provides information about activist rights in forest actions through its website at: www.lawyersforforests.asn.au.

PROTECTING NATURE :: Last updated: Wed Jul 1st 2009