Understanding Recent Changes to Victoria’s Flora and Fauna Guarantee Act: What Practitioners Need to Know

Understanding Recent Changes to Victoria’s Flora and Fauna Guarantee Act: What Practitioners Need to Know
By Matt Hall | Summary from AABR Vic meeting presentation

The Victorian Flora and Fauna Guarantee (FFG) Act plays a critical role in protecting native plant species and ecosystems. At a recent AABR Vic meeting, ecological consultant Matt Hall provided a useful breakdown of the latest regulatory changes and how they affect the way we manage protected flora on ground.

Three Ways Flora Is Protected under the FFG Act

1. Listing as a Threatened Species
   Flora on the state’s threatened species list is automatically protected. This list is publicly accessible on the DEECA (Department of Energy, Environment and Climate Action) website and includes not only flora and fauna, but also entire ecological communities.
2. Presence within a Threatened Ecological Community
   Even common species—such asEucalyptus camaldulensis (River Red Gum)—are protected when they occur within a listed threatened community, such as a grassy woodland. Impact to species that naturally occur within threatened ecological communities requires a permit, regardless of how common the species may be outside that context.
3. Declared Protected Flora
   Certain species, such as lilies and tree-ferns, have been specifically declared as protected to prevent illegal harvesting. Historically, these declarations targeted commercial collection (e.g., nurseries), but they also apply to unauthorised removal or damage.

A New Category: Restricted Use Protected Flora

Recent amendments have introduced a new classification—Restricted Use Protected Flora. Species in this category are now exempt from requiring permits for what’s known as “incidental take,” which typically refers to damage during construction or land development. Previously, any impact on protected flora triggered a permit requirement, but this change weakens protections significantly by exempting particular types of impact. In addition, many plant groups such as the genus Acacia and family Asteraceae no longer have blanket protection as protected flora.

Parallel Regulatory Systems

Matt reminded participants that this system operates alongside the native vegetation removal regulations under Clause 52.17 of the Victorian Planning Provisions. That means that both permit systems may apply—one assessing vegetation condition and habitat hectares, the other assessing species protection status.

Implications for Practitioners

For ecological consultants and bush regenerators, the key takeaway is that the FFG Act still provides a vital lever to protect native vegetation—but it’s now more important than ever to understand which species fall under which category. If a site contains protected flora (especially threatened species or communities), developers may face complex delays and should be advised to avoid such areas when planning works.

Matt noted that while the changes have made compliance more permissive for developers, there are still opportunities to advocate for biodiversity protection through informed advice and strategic avoidance. As always, when in doubt, practitioners are encouraged to check current listings or contact DEECA for clarification.

For further information or assistance interpreting these changes, Matt Hall welcomes follow-up questions via email.