The Victorian context of habitat protection also includes a large public land estate of which some 16 per cent is within a park and nature reserve system, providing representation of the greater majority of land systems and vegetation systems of the State. The statutory regime affecting such lands, notably the National Parks Act 1975, provides for a range of non-consumptive utilisation, but is restrictive of uses that may compromise biodiversity and habitat-protection objectives. The habitat protection provided by the Victorian parks system is supplemented by an array of habitat protection programs that operate on private lands.
Statutory Protection
As noted by the Committee in Chapter 9, there are four statutory controls that provide for the protection of habitat on private lands. These are:
a) a regulation, under the Wildlife Regulations 1992, which states that "all persons must not wilfully damage, disturb or destroy any wildlife habitat";4
b) provision for the designation of `wildlife management cooperative areas' (under the Wildlife Act 1975);5
c) the designation and protection of `critical habitat' under the Flora and Fauna Guarantee Act 1988; and
d) controls that may be included in planning schemes under the Planning and Environment Act 1987.
Wildlife Management Co-operative Areas
`Wildlife Management Co-operative Areas' are a formal control available under the Wildlife Act 1995 for which declared areas and their `wildlife' (as specified, but restricted to non-fish vertebrates) are subject to cooperative management. 6
The cooperative management is between the Secretary and the land owner who may be another agency of the State or a private landowner.
The basic tool forming the cooperative arrangement is a `working plan' that is a `scheme of operation' covering control of hunting or preservation of taxa and the maintenance or restoration of habitat. Such plans do not necessarily preclude the continuance of the primary land use activity being undertaken.
Approved `working plans' are binding on the landowner and may require the involvement and participation of Department officers.
While this provides a formal basis for, in effect, the co-management of habitat, its impact is somewhat limited - there are currently no wildlife management co-operative areas in Victoria.
Declared Critical Habitat Areas
The Flora and Fauna Guarantee Act 1998 gives the Director-General the authority to determine the habitat of any taxon or community of flora or fauna (whether `listed' or not) that is critical to the survival of that taxon or community.7
As noted in Chapter 9, such determination is only of statutory consequence if it relates to a `listed' species or community (or a species or community nominated for listing) and subject to an interim conservation order made by the Minister.8
An interim conservation order can prohibit or regulate any activity or process that takes place in that habitat or, if it adversely affects that habitat, any activity that takes place outside that habitat.9 Landholders or managers of land or water that forms part of that critical habitat are required to comply with that order10 and the order prevails over planning schemes.11 While any activity that leads to the modification of habitat is likely to be restricted by such an order, a range of activity may nonetheless continue to be compatible.
There are currently no `critical habitat' areas or areas subject to an `interim conservation order' declared in Victoria. While effectively the interim conservation orders are a mechanism of last resort, the designation of `critical habitat' draws attention to areas of special value and this is of educational value even if not of statutory effect.
Planning Scheme Controls
The planning system laid down by the Planning and Environment Act 1987 provides a regulatory mechanism to protect habitat and biodiversity. A biodiversity objective is included in the State Planning Policy Framework:
to assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals.
The implementation guidelines for this objective include the replacement of any vegetation removed as part of a land-use or development proposal, and assisting the conservation of threatened species habitats (as defined under the Flora and Fauna Guarantee Act 1988) and having regard to regional vegetation plans approved under the Catchment and Land Protection Act 1994.
A range of overlay provisions that provide for the protection of habitat may be applied. These include:
a) environmental significance;
b) vegetation protection; and
c) wildlife management.
Such controls rarely inhibit the underlying permitted land use; rather they restrict the clearing of additional habitat.
Most of the generally applied planning scheme zones also include standard provisions relating to the retention of vegetation.
In addition to any local provisions, the removal of native vegetation of an area of more than 0.4 hectares requires a permit, referral to the Secretary (of the Department administering the Flora and Fauna Guarantee Act 1988) and any such approval requires consideration of a comprehensive listing of decision guidelines.12
Other Regulatory Schemes
Other mechanisms available to assist with habitat-retention objectives in Victoria include the Catchment Management Strategies and Regional Vegetation Plans of the various Catchment Management Authorities.
Issues
The statutory mechanisms provided for within Victorian legislation can and do provide for the protection of habitat. While the critical habitat provisions are a powerful tool, it is the planning scheme controls administered by local government that have been applied most often and arguably reasonably successful.
Only one statutory mechanism, the `wildlife management co-operative area' provisions, provides habitat protection through voluntary arrangements - and this mechanism has not been successful in attracting support.
Voluntary Programs
Land for Wildlife
Land for Wildlife is a nature-conservation program that aims to encourage and assist private landowners to provide habitats for wildlife on their properties and integrate the provision of habitat with other uses of the property.
Some 130,000 hectares of habitat are being retained and/or restored under the program, involving approximately 4800 properties.13 Approximately 500 new applications are received each year.14
The program is particularly important for habitats that are not well represented on public land - such as box-ironbark woodlands and grasslands. In recent years, to increase the protected area of such habitats, Land for Wildlife Extension Officers have directly approached landowners. As a result, the protected area of these two habitats has increased over the last five years, from 2,700 to 18,000 hectares and 2,500 to 8,000 hectares respectively.15 This is indicative of a high level of latent community support for such programs.
Conservation Covenants
Conservation Covenants under the Trust for Nature program are currently the only mechanism in Victoria for the permanent protection of natural bushland habitat on private land. The covenants are applied under the authority of the Victorian Conservation Act 1972 and form an encumbrance on the title of the property.
To date such covenants protect 8500 hectares of habitat.
Landcare
Landcare groups increasingly incorporate the enhancement of biodiversity into their objectives and consequently the protection of remnant habitat or the creation of habitat through shelter-belt and recharge area plantings. Property management planning under the Farm$mart scheme can also lead to enhanced habitat protection.
Fencing
Fencing of remnant native vegetation to exclude stock is vital in maintaining and regenerating habitat on private land.16 There has been significant fencing activity of remnant vegetation in Victoria in recent years by landowners.17 Such fencing is undertaken on a voluntary basis, with a number of State and Commonwealth programs offering subsidies for such activity.
As at March 1994, approximately 165,000 hectares of native vegetation were protected from stock grazing on private lands.18
Tree Planting
The planting of trees also provides additional habitat.19 Australian Bureau of Statistics data indicate that in recent years approximately 7.6 million trees were planted in Victoria.20 The areas with the largest area of protected native vegetation, that is the Mallee and east Gippsland, have the lowest rate of tree planting.21
Issues
The use of voluntary schemes appears to be particularly successful in Victoria. Moreover, there appears to be latent support for furthering the application of the available schemes - where participation has been actively sought and targeted (as is evidenced through the experience of the `land for wildlife' and landcare schemes) the participation level is increased.
The most successful schemes appear to be those where there is strong community support or an active advocate. Many of the landcare and fencing programs are not only of biodiversity benefit but have direct productivity benefits to landholders (such as soil-erosion control).
None of the schemes restricts the potential for non-consumptive native flora and fauna utilisation, but would limit options for consumptive utilisation.
