82Licences, permits and authorisations

82 Licences, permits and authorisations (1) On and after the commencement day, a permit issued under section 40 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 35 of this Act. (2) On and after the commencement day, a licence or permit issued under section 48 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 48 of this Act. (3) On and after the commencement day, an Order for an authorisation made under section 48 that was in force immediately before that day— (a) is taken to continue in force on the same terms and conditions as if it had been made under section 48A of this Act; and (b) remains in force for 10 years after the commencement day. (4) On and after the commencement day, a licence issued under section 53 that was in force immediately before that day is taken to continue in force on the same terms and conditions as if it had been issued under section 53 of this Act. (5) On and after the commencement day, an Order for an authorisation made under section 53 that was in force immediately before that day— (a) is taken to continue in force on the same terms and conditions as if it had been made under section 53A of this Act; and (b) remains in force for 10 years after the commencement day. Schedules Sch. 1 substituted by No. 10/2000 s. 12(1), repealed by No. 28/2019 s. 44. Sch. 2 amended by GGs 7.8.91 p. 2210, 14.8.91 p. 2282, 18.12.91 p. 3539, 27.5.92 p. 1258, 30.9.92 p. 2909, 11.2.93 p. 290, 6.5.93 p. 1000, 12.8.93 p. 2272, SG (No. 95) 21.12.93 p. 1, GGs 11.5.95 pp 1153, 1154, 24.8.95 pp 2269, 2270, 21.12.95 p. 3659, 15.8.96 pp 2173, 2174 7.11.96 p. 2909, substituted by No. 10/2000 s. 12(2), repealed by No. 28/2019 s. 44. Sch. 3 amended by GGs 7.8.91 p. 2211, 18.12.91 p. 3539, 27.5.92 p. 1258, 30.9.92 p. 2909, 6.5.93 p. 1000, 25.8.94 p. 2322, 8.6.95 p. 1391, 15.8.96 p. 2174, 7.11.96 p. 2909, substituted by No. 10/2000 s. 12(3), repealed by No. 28/2019 s. 44. Sch. 4 repealed by No. 76/1998 s. 9(n). ═════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 24 March 1988* *Legislative Council: 21 April 1988* The long title for the Bill for this Act was "A Bill to provide for the conservation and management of flora and fauna.". The **Flora and Fauna Guarantee Act 1988** was assented to on 24 May 1988 and came into operation as follows: Sections 1–4, 8, 11, 69 on 24 May 1988: section 2(1); rest of Act on 25 September 1988: Special Gazette (No. 81) 25 September 1988 page 1. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Flora and Fauna Guarantee Act 1988** by Acts and subordinate instruments. **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | | Current State: | All of Act in operation | **Mineral Resources Development Act 1990, No. 92/1990** | Assent Date: | 18.12.90 | | Commencement Date: | S. 128(Sch. 1 item 11) on 6.11.91: Government Gazette 30.10.91 p. 2970 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Catchment and Land Protection Act 1994, No. 52/1994** | Assent Date: | 15.6.94 | | Commencement Date: | S. 97(Sch. 3 items 12.1–12.8) on 15.12.94: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Extractive Industries Development Act 1995, No. 67/1995** | Assent Date: | 17.10.95 | | Commencement Date: | S. 58(Sch. 1 item 7) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Fisheries Act 1995, No. 92/1995** | Assent Date: | 5.12.95 | | Commencement Date: | S. 161(Sch. 2 item 1) on 1.4.98: Government Gazette 26.2.98 p. 418 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Environment Conservation Council Act 1997, No. 41/1997** | Assent Date: | 11.6.97 | | Commencement Date: | S. 28 on 1.7.97: Special Gazette (No. 75) 1.7.97 p. 1 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Catchment and Land Protection (Amendment) Act 1998, No. 39/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 14 on 31.1.99: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** | Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 item 31) on 1.7.98: Government Gazette 18.6.98 p. 1512 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998** | Assent Date: | 10.11.98 | | Commencement Date: | S. 9 on 15.12.98: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Transfer of Land (Single Register) Act 1998, No. 85/1998** | Assent Date: | 17.11.98 | | Commencement Date: | S. 24(Sch. item 23) on 1.1.99: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Flora and Fauna Guarantee (Amendment) Act 2000, No. 10/2000** | Assent Date: | 18.4.00 | | Commencement Date: | Ss 1, 2 on 19.4.00: s. 2(1); rest of Act on 29.6.00: Government Gazette 29.6.00 p. 1455 | | Current State: | All of Act in operation | **Planning and Environment (General Amendment) Act 2004, No. 81/2004** | Assent Date: | 16.11.04 | | Commencement Date: | S. 48 on 23.5.05: Government Gazette 19.5.05 p. 930 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 80) on 5.4.05: Government Gazette 31.3.05 p. 602 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006** | Assent Date: | 29.8.06 | | Commencement Date: | S. 61(Sch. item 15) on 30.8.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 26(Sch. item 41) on 11.10.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Resources Industry Legislation Amendment Act 2009, Act No. 6/2009** | Assent Date: | 3.3.09 | | Commencement Date: | S. 51 on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Traditional Owner Settlement Act 2010, No. 62/2010** | Assent Date: | 21.9.10 | | Commencement Date: | Ss 113, 114 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Subordinate Legislation Amendment Act 2010, No. 78/2010** | Assent Date: | 19.10.10 | | Commencement Date: | S. 24(Sch. 1 item 14) on 1.1.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Traditional Owner Settlement Amendment Act 2013, No. 4/2013** | Assent Date: | 19.2.13 | | Commencement Date: | S. 32 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 4(Sch. 2 item 19) on 1.12.13: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Traditional Owner Settlement Amendment Act 2016, No. 67/2016** | Assent Date: | 15.11.16 | | Commencement Date: | S. 30 on 1.5.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Victorian Fisheries Authority Act 2016, No. 68/2016** | *Assent Date:* | 15.11.16 | | *Commencement Date:* | S. 165 on 1.7.17: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 57) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Environment Protection Amendment Act 2018, No. 39/2018** (as amended by Nos 27/2019, 28/2019, 11/2020) | Assent Date: | 28.8.18 | | Commencement Date: | S. 37 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019** | Assent Date: | 10.9.19 | | Commencement Date: | Ss 4–44 on 1.6.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Water and Catchment Legislation Amendment Act 2021, No. 48/2021** | Assent Date: | 3.11.21 | | Commencement Date: | Ss 141–143, 146 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024** | Assent Date: | 26.3.24 | | Commencement Date: | S. 28 on 26.3.25: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 4(Sch. 2 item 13) on 22.10.25: s. 2 | | Current State: | This information relates only to the provision/s amending the **Flora and Fauna Guarantee Act 1988** | Government Gazette 7 August 1991 pages 2210, 2211 Government Gazette 14 August 1991 page 2282 Government Gazette 18 December 1991 page 3539 Government Gazette 27 May 1992 page 1258 Government Gazette 30 September 1992 page 2909 Government Gazette 11 February 1993 pages 289, 290 Government Gazette 6 May 1993 page 1000 Government Gazette 12 August 1993 page 2272 Special Gazette (No. 95) 21 December 1993 page 1 Government Gazette 25 August 1994 page 2322 Government Gazette 11 May 1995 pages 1153, 1154 Government Gazette 8 June 1995 page 1391 Government Gazette 24 August 1995 pages 2269, 2270 Government Gazette 21 December 1995 page 3659 Government Gazette 15 August 1996 pages 2173, 2174 Government Gazette 7 November 1996 page 2909 3 Explanatory details 1. S. 10(1): An updated list of taxa and communities of flora and fauna which are threatened is available on the Department's website. [↑](#endnote-ref-2) 2. S. 11(1): An updated list of potentially threatening processes is available on the Department's website. [↑](#endnote-ref-3)