They can bring wildlife back from the brink of extinction

 “We find that many of the legislative tools available under Victorian legislation are underutilised or poorly implemented, and that some legislative provisions are overly complex, overlapping, or outdated”

“ While the Government’s policy goals in this space are laudable, we consider that greater investment is needed to implement them”.

Some of the key finding and recommendations of the inquiry include:

FINDING 21: According to recent research from the Threatened Species Recovery Hub and Victoria’s State of the Environment 2018, native species of flora and fauna are experiencing significant declines in population size and distribution. Species that have already been listed as threatened are not being holistically protected.

FINDING 22: Key threats to native species in Victoria include climate change, changes to fire frequency and intensity, invasive species, land clearing and changes to rivers, wetlands and floodplains.

FINDING 24: Only a small proportion of action statements for threatened species and communities and potentially threatening processes are in place, despite these being a mandatory requirement under the Flora and Fauna Guarantee Act 1988 (Vic).

FINDING 25: Critical habitat determinations and habitat conservation orders under the Flora and Fauna Guarantee Act 1988 (Vic) have not been utilised to protect areas of habitat for threatened species and communities.

RECOMMENDATION 24: That the Victorian Government ensure, as a matter of urgency, that all threatened species and communities and potentially threatening processes listed under the Flora and Fauna Guarantee Act 1988 (Vic) have action statements in place and that appropriate funding is allocated to their implementation. An action plan which identifies priority action statements should be developed to facilitate this process.

RECOMMENDATION 27: That the Victorian Government allocate adequate resources to administer and fully implement the Flora and Fauna Guarantee (Amendment) Act 2019 (Vic), including communicating the Act’s changes to relevant stakeholders and the broader community. The resourcing of the Flora and Fauna Guarantee Act 1988 (Vic) should include locating staff close to ecosystems, equipped with job descriptions that are sufficiently process complete and with appropriate authority limits so that they can operate more efficiently and effectively.

RECOMMENDATION 35: That the Victorian Government investigate whether amendment of the Flora and Fauna Guarantee Act 1988 (Vic) to include emergency listing provisions could provide additional legislative protection for species where significant events have critically impacted their chance of survival.

The Ecosystem Decline Inquiry comes on the back of numerous reports over the last decade, and a blistering report from the Victorian Auditor-General in October 2021 that laid bare the failings of the Department of Environment, Land, Water and Planning (DELWP), the state’s main government environment agency.

The report notes:

“Without adequate funding from the Victorian Government, the status of threatened species in Victoria will continue to be at risk of further decline. Further, the Committee considers that alignment of legislation and policy is crucial to ensure the delivery of key objectives in relation to threatened species.”

FINDING 29: The Victorian Government’s biodiversity strategy, Protecting Victoria’s Environment – Biodiversity 2037, sets important goals around protecting and restoring threatened species in Victoria. However, the plan lacks the necessary funding for full implementation of its goals and actions.

RECOMMENDATION 31: That the Victorian Government consider significantly increasing the funding allocated to threatened species and habitat conservation activities under Protecting Victoria’s Environment – Biodiversity 2037.

RECOMMENDATION 32: That the Victorian Government ensure that Protecting Victoria’s Environment – Biodiversity 2037 and the Flora and Fauna Guarantee Act 1988 (Vic) are complementary in terms of the key principles and objectives of the Victorian Government’s approach towards threatened species management, and that the State’s biodiversity strategy is updated in conjunction with any future legislative change.

“..historical and ongoing land clearance has driven the regional extinction of native flora and fauna across the State, and pushed many other species to the brink.”

The report … “ looks at the legacy of land clearing and the ways in which our remaining native vegetation is protected, through Victorian planning schemes and other legislation. We found that there is room for improvement in the native vegetation regulatory framework and how offsetting arrangements are provided for under Commonwealth legislation

The report also make important recommendations about one of most endangered ecosystems, grassland.

FINDING 16: The ongoing removal and degradation of native vegetation is a key driver of ecosystem decline and is threatening Victorian biodiversity

FINDING 19: The Department of Environment, Land, Water and Planning has not delivered the Western Grassland Reserve and the Grassy Eucalypt Woodlands Reserve by 2020, as specified in the Melbourne Strategic Assessment program.

RECOMMENDATION 18: That the Victorian Government consider funding the immediate purchase or leasing of remnant high quality grasslands within the proposed Western Grassland Reserve and the 36 reserves proposed by the Melbourne Strategic Assessment within Melbourne’s urban growth boundary. These areas should be urgently acquired to facilitate ecologically sound management to conserve and restore biodiversity values.

RECOMMENDATION 19: That the Victorian Government develop and fund initiatives to ensure that the biodiversity values of private land earmarked for inclusion in the Western Grassland Reserve, the Grassy Eucalypt Woodlands Reserve, and the 36 reserves proposed by the Melbourne Strategic Assessment within Melbourne’s urban growth boundary, are properly managed prior to the acquisition of this land. This should encompass consideration of:

• land tax exemptions for landowners who manage their properties for conservation
• implementation of comprehensive and ongoing weed control programs
• community engagement initiatives to ensure landowners are aware of the value of remnant grasslands, how they can be protected, their obligations to control noxious weeds under the Catchment and Land Protection Act 1994 (Vic), and to engage them in agreed land management plans
• measures to enforce Environmental Significance Overlays
• the introduction of restrictions limiting development and other actions likely to disturb existing hydrology.

RECOMMENDATION 20: That the Victorian Government articulate an ambitious vision for the establishment of the Western Grassland Reserve and the Grassy Eucalypt Woodlands Reserve. This vision should outline how Traditional Owners, environmental groups and the broader community will be engaged with the restoration and promotion of the grassland reserves’ unique biodiversity assets.

Parks & Public land “..additional funding is Inquiry into ecosystem decline in Victoria needed to ensure management of these areas is active and adaptive..”

RECOMMENDATION 36: That the Victorian Government consider providing additional funding, as recommended by the Victorian Environmental Assessment Council, to enable Parks Victoria to manage the newly created national parks in Victoria’s central west region.

RECOMMENDATION 37:  That the Victorian Government increase funding for Parks Victoria to undertake active and adaptive land management in the State’s parks and reserves, and consider increasing this funding to 1% of Gross State Product.

Private land conservation “…note the successes of conservation covenants, primarily through Trust for Nature, and the need to expand these and other initiatives”.

FINDING 35: Trust for Nature undertakes important work in biodiversity conservation, restoration and protection on private land through the use of conservation covenants. However, limitations in relation to its funding mechanisms has meant that it is unable to meet demand for covenants.

FINDING 36: Victorian Landcare groups undertake critical biodiversity protection, conservation and restoration activities that provide significant value to Victoria, including on private land.

RECOMMENDATION 39: That the Victorian Government consider enhanced support for Trust for Nature in permanently protecting important conservation values on private land, including:

• continuing to increase funding allocations to the Trust to enable it to pursue identified strategic goals and to increase its capacity to support additional conservation covenants, including through its Revolving Fund
• engaging with pastoralists who may want to sell their property in order to purchase land with high conservation value for conservation and restoration purposes
• supporting local government authorities to offer rate rebates and other incentives to landowners who include a conservation covenant on their property
• investigating mechanisms to encourage new landowners to retain conservation covenants
• working with Trust for Nature to increase the ways in which First Nations peoples are involved in conservation and restoration activities on private land.

“..recommend that the management and control of invasive species be better coordinated and funded…”

FINDING 2: Lists of noxious weed and pest animal species declared under the Catchment and Land Protection Act 1994 (Vic) are not comprehensive and exclude invasive plants and animals with the potential to devastate Victoria’s biodiversity values. Moreover, the control of noxious weeds and pest animals declared under the Act requires better enforcement.

FINDING 4: Administration of the legislative framework for the management of invasive species should be a responsibility of the Minister for Environment and the Department of Environment, Land, Water and Planning, to ensure its focus is on preserving biodiversity values as opposed to facilitating Victorian agriculture.

FINDING 6: The Victorian legislative framework for the management of invasive species should be modernised to ensure it aligns with best practice biosecurity or environmental conservation approaches.

RECOMMENDATION 6: That the Victorian Government allocate adequate resources to administer and fully implement the Catchment and Land Protection Act 1994 (Vic) and the Invasive Plants and Animals Policy Framework.

RECOMMENDATION 4: That the Victorian Government review the legislative framework for the management of invasive species with a view to developing a legislative reform package. The review should consider:

• the economic impact (including agricultural and environmental) of invasive species in Victoria
• the formulation of legislative provisions to prioritise prevention and early intervention measures to control invasive species
• the simplification and harmonisation of the complex classification systems for plants and animals under the Catchment and Land Protection Act 1994 (Vic), Flora and Fauna Guarantee Act 1988 (Vic) and Wildlife Act 1975 (Vic) to facilitate the more effective control of noxious weeds and pest animals across land tenures
• the merits of shifting to a permitted ‘safe list’ approach defining which taxa non-indigenous to Victoria can be introduced, sold, or kept in the State, as opposed to the current practice of listing restricted pest species under the Catchment and Land Protection Act 1994 (Vic) • expanding the application of the legislative framework to include the management and control of invasive fish or invertebrates and native invasive plants and animals
• making the administration of the legislative framework for the management of invasive species a responsibility of the Minister for Environment and the Department of Environment, Land, Water and Planning, to ensure its focus is on preserving biodiversity values as opposed to a focus on facilitating Victorian agriculture.

RECOMMENDATION 5: That the Victorian Government consider supporting regional, cross-tenure coordination of pest animal and noxious weed management which includes Traditional Owners, local government authorities, catchment management authorities, private landowners, environmental groups and the broader community.

“..environmental resilience to climate change could be enhanced by introducing a greater legislative emphasis on biodiversity restoration, by promoting connectivity between ecosystems and through systematic revegetation..”

FINDING 10: Detailed, localised projections of climate change can inform appropriate planning and adaptation measures to increase the resilience of Victoria’s biodiversity values to the varied impacts of climate change.

FINDING 11: Climate change is a major driver of ecosystem decline.

FINDING 12: Climate change is already driving ecosystem decline across Victoria with devastating impacts for native floral and faunal species

FINDING 14: Ecosystems, such as forests and wetlands, are an important part of the global carbon cycle and, if well managed, can sequester a large quantity of carbon over long periods of time

FINDING 15: Climate change is driving more frequent and severe bushfires in Victoria. More frequent and severe fires are devasting native faunal populations and threatening the viability of the State’s ash forests, rainforests and other sensitive flora populations.

RECOMMENDATION 10: That the Victorian Government, in coordination with research partners, conduct further research and analysis to improve localised climate projections for both Victoria’s agricultural and biodiversity values. As part of this research, the Government should:

• ensure projections are fulsome—identifying climate change impacts beyond predicting rainfall—and incorporate new modelling and findings made by the Intergovernmental Panel on Climate Change
• identify innovative opportunities to improve the ongoing monitoring, protection and leveraging of localised climate projections through the use of tools such as digital spatial capability, data analytics and predictive modelling, citizen science and environmental economic accounting
• seek opportunities to maximise investment opportunities with diverse stakeholders.

RECOMMENDATION 11: That the Victorian Government review environmental legislation with a view to ensuring that it:

• articulates clear standards for environmental restoration
• imposes a general duty on public and private land managers to restore or enhance biodiversity in partnership with Traditional Owners
• is underpinned by ministerial guidelines describing how environmental restoration and enhancement should be undertaken by public land managers and emphasising that this duty goes further than simply avoiding harm to biodiversity. These guidelines should highlight the importance of empowering Traditional Owners to drive environmental restoration on Country.

RECOMMENDATION 13:  That the Victorian Government, in collaboration with Traditional Owner corporations, provide funding and other resources to support the development of revegetated biolinks to increase connectivity between ecosystems. Opportunities for corporate and philanthropic collaboration on such projects should be explored.

“..recommend the establishment of a Chief Biodiversity Scientist to provide scientific leadership and coordination of publicly-funded biodiversity research. …We also recommend that training on ecological literacy is implemented for all Victorian public servant”.

FINDING 38: Some stakeholders have concerns regarding perceived conflicts in policy areas within the Department of Environment, Land, Water and Planning and partnering agencies.

FINDING 41: Local government authorities play a key role in biodiversity protection, conservation and restoration. However, they often face significant resourcing challenges in managing local biodiversity values.

FINDING 42: The COVID-19 pandemic has highlighted the importance of Victoria’s environment and biodiversity values for many within the community. The post-pandemic phase presents a critical opportunity for building on the ways in which individuals and communities value and connect with nature.

FINDING 45: Volunteers play a vital role in protecting, conserving and restoring Victoria’s ecosystems.

RECOMMENDATION 47: That the Victorian Government consider the establishment of a Chief Biodiversity Scientist to provide scientific leadership and coordination of publicly-funded biodiversity research across the environment portfolio, and to promote the use of biodiversity science and data within government policy, programs and initiatives.

RECOMMENDATION 48: That the Victorian Government establish a standalone Department of the Environment, with its own Minister, that has the sole purpose of protecting the environment and, in particular, native species.

RECOMMENDATION 49: That the Victorian Government ensure that the new public authority duty introduced by the Flora and Fauna Guarantee Amendment Act 2019 (Vic) be effectively implemented, including through:

• information and education for public authorities and the broader community on the new requirements of the Act
• development of ministerial guidelines which provide practical advice to support the implementation of the duty, with a public consultation process
• demonstration of how the Victorian Government will ensure that public authorities are responsive to their obligations in relation to the duty.

RECOMMENDATION 50: That the Victorian Government investigate and implement whole-of-government training on ecological literacy for all Victorian public servants.

RECOMMENDATION 51: That the Victorian Government consider expanding the powers of the Commissioner for Environmental Sustainability, under the Commissioner for Environmental Sustainability Act 2003 (Vic), to include functions to undertake performance audits in relation to environmental outcomes on a regular basis, and for key programs or agencies, at least every four years. This role could potentially be facilitated through the Victorian Auditor-General’s Office.

RECOMMENDATION 54: That the Victorian Government increase future funding allocations for Protecting Victoria’s Environment – Biodiversity 2037 to ensure that the targets identified in the plan are able to be achieved.

RECOMMENDATION 57: That the Victorian Government continue to support First Nations-led strategies, plans and other initiatives in biodiversity management, in line with the principle of self-determination. This work should also include:

• recognising the fundamental connection of First Nations peoples to Country across government and ensuring that staff of government bodies have appropriate cultural knowledge
• continuing to strengthen whole-of-government partnerships with First Nations groups
• ensuring Traditional Owners are able to speak for Country in relation to decision-making that impacts the environment, including regarding biodiversity protection, conservation and restoration activities
• supporting the development of partnerships between Traditional Owners and public and private land managers to ensure meaningful and collaborative relationships in order to best protect biodiversity.

RECOMMENDATION 48: That the Victorian Government establish a standalone Department of the Environment, with its own Minister, that has the sole purpose of protecting the environment and, in particular, native species.

RECOMMENDATION 49: That the Victorian Government ensure that the new public authority duty introduced by the Flora and Fauna Guarantee Amendment Act 2019 (Vic) be effectively implemented, including through:

• information and education for public authorities and the broader community on the new requirements of the Act
• development of ministerial guidelines which provide practical advice to support the implementation of the duty, with a public consultation process
• demonstration of how the Victorian Government will ensure that public authorities are responsive to their obligations in relation to the duty.

RECOMMENDATION 50: That the Victorian Government investigate and implement whole-of-government training on ecological literacy for all Victorian public servants.

RECOMMENDATION 58: That the Victorian Government work with local government authorities to improve financial and other supports available for councils to specifically undertake localised biodiversity initiatives, including in relation to activities contributing to the targets identified in Protecting Victoria’s Environment – Biodiversity 2037.

“…recommend the establishment of an independent agency with responsibility for environmental regulation and the streamlining of the regulatory framework”.

FINDING 46: Penalties for crimes that harm Victoria’s ecosystems and biodiversity must act as an effective deterrent and be balanced with the costs of complying with relevant regulations.

FINDING 47: Comprehensive, up-to-date data and modelling on the condition and extent of native vegetation across the State is an important tool for decision-makers in the application and enforcement of the native vegetation clearing regulations.

FINDING 48: Many councils do not have adequate resourcing to effectively undertake compliance and enforcement activities in relation to environmental laws within their municipalities, with significant and ongoing impacts on biodiversity in Victoria.

RECOMMENDATION 61: That the Victorian Government, in light of the evidence received by this Committee, considers the establishment of an independent agency with responsibility for regulatory activities in relation to conservation and the environment. Regulatory responsibilities of this agency should include, at a minimum, those currently overseen by the Office of the Conservation Regulator within the Department of Environment, Land, Water and Planning. As part of this process, the Victorian Government should seek to streamline regulatory activities. Further, additional resourcing should be provided to the newly-formed regulator to ensure that it is able to continue to effectively carry out its compliance and enforcement functions.

RECOMMENDATION 62: That the Victorian Government streamline environmental regulatory activities in Victoria by considering the establishment of a single office to act as a first point of contact for environmental regulation, with functions to undertake broad-based public communication and engagement activities and provide information and advice on environmental issues that fall across the various regulators. Guidance and communication should be widely distributed and appropriate for differing accessibility needs. This office should ideally be situated in a new independent agency with responsibility for environmental and conservation regulation.

RECOMMENDATION 67: That the Victorian Government provide greater support to local government authorities to undertake compliance and enforcement activities in order to protect biodiversity, including through:

• providing specific resources to enable important compliance and enforcement activities with a focus on protecting biodiversity values, in conjunction with the goals identified in Protecting Victoria’s Environment – Biodiversity 2037
• increasing opportunities for education and training in undertaking best practice compliance and enforcement
• supporting and facilitating peer networks and working groups to promote information-sharing
• providing additional resourcing to ensure that they have suitably qualified staff available to undertake compliance and enforcement.

“..greater investment is needed to support more comprehensive environmental monitoring and data collection…”

FINDING 50: Environmental monitoring and data collection in Victoria are insufficient, and too patchy and incomplete to accurately identify the extent of native species in decline. This is hampering efforts to effectively categorise native species as threatened under Victorian or Commonwealth environmental legislation.

FINDING 51: Without adequate monitoring of threatened native species, the factors driving decline cannot be properly identified or assessed over time and it is difficult to design effective interventions to restore species.

FINDING 53: Funding for ongoing, comprehensive environmental monitoring and data collection to inform and evaluate efforts to reverse ecosystem decline in Victoria is inadequate. Whilst an increase in resources is required to support this important task, work is also needed to develop an appropriate and fit for purpose framework to ensure data collection is consistent in order to inform responses to ecosystem decline

FINDING 54: Citizen science projects, which are designed by professional scientists and involve volunteers, can engage the community in environmental issues and collect data vital to the management of Victoria’s unique biodiversity values. Citizen science projects can complement professional scientific research projects.

RECOMMENDATION 69: That the Victorian Government provide increased, ongoing funding to support comprehensive environmental monitoring and data collection addressing priority knowledge gaps that support the implementation of Protecting Victoria’s Environment – Biodiversity 2037. Funding should be commensurate with the importance of reversing ecosystem decline in Victoria and the scale of this objective.

RECOMMENDATION 73: That the Victorian Government refine the operation of the Victorian Biodiversity Atlas and the VBA Go mobile application to make these more user-friendly to upload environmental data. Refinement of the Victorian Biodiversity Atlas should be accompanied by an awareness campaign to encourage the Victorian community to contribute to the Atlas and expand data collection across the State.

“The Committee recognises the centrality of biodiversity to First Nations peoples’ knowledge and wellbeing. We acknowledge that Traditional Owners’ understanding of Country encompasses cultural obligations to care for land, waters and species. We reflect evidence received which demonstrated that an important element of self-determination is respecting Traditional Owners as knowledge-holders in relation to land and water management, and supporting them to protect, maintain and apply this knowledge.”

FINDING 1: Traditional Owners have intrinsic connection and belonging to Country. The impacts of biodiversity decline, as observed by Traditional Owner groups, are significant and ongoing. Ensuring that Traditional Owners have a major role in caring for, and healing, Country is critical.