Maintain the existing ability to enter into Supported in principle. voluntary management agreements with There is currently no requirement for DELWP public authorities. Clarify and consider to enter into a management agreement. Due expanding the scope and purpose of to this, we recommend a process be created these agreements. by which a public authority can request the creation of a management agreement between DELWP and itself in order to simplify the discharge of its duty under the Act. These agreements should also be open to areas of public land under lease, licence or under management of a committee of management. Enable the preparation of biodiversity Supported in principle. from the It’s unclear standards. consultation paper what the status of the standards would be in terms of public authorities being required to comply with the information provided. The MAV supports improved provision of clear information and guidance to public authorities, however an capacity and capability to act in authority’s accordance with the standards will vary across the State and needs to be taken into consideration. Any standards developed would need to be adaptive and responsive to change in order to account for advances in our understanding as well as changing conditions. Investigate providing powers for the Supported in principle. The capacity of public Minister to: authorities to respond to a Ministerial direction should be considered when Request that a government determining the content of the direction. department or public authority Resource-constrained councils in particular provides information to her/him may struggle to meet deadlines and provide as to how a particular listed or fund the on-ground expertise necessary. threatening process or high value Clarity is sought on the triggers for a Minister asset to biodiversity is being to exercise these proposed powers. managed. Issue a ministerial direction to take action to address a listed threatening process. Consider strengthening the existing duty Supported. One of the chief criticisms of the on public authorities, for example by current Act is that it has not been integrated requiring consistency with the objectives into wider decision making. Expanding the and principles of the Act. extent to which biodiversity is considered across government has the potential to greatly increase the effectiveness of the Act. Given the scope of actions across government with the potential to affect biodiversity, compliance with the Act is a key step in achieving objectives.
Maintain the existing ability to enter into voluntary management agreements with public authorities. Clarify and consider expanding the scope and purpose of these agreements. Supported in principle. There is currently no requirement for DELWP to enter into a management agreement. Due to this, we recommend a process be created by which a public authority can request the creation of a management agreement between DELWP and itself in order to simplify the discharge of its duty under the Act. These agreements should also be open to areas of public land under lease, licence or under management of a committee of management. Enable the preparation of biodiversity standards. Supported in principle. It’s unclear from the consultation paper what the status of the standards would be in terms of public authorities being required to comply with the information provided. The MAV supports improved provision of clear information and guidance to public authorities, however an authority’s capacity and capability to act in accordance with the standards will vary across the State and needs to be taken into consideration. Any standards developed would need to be adaptive and responsive to change in order to account for advances in our understanding as well as changing conditions. Investigate providing powers for the Minister to: Request that a government department or public authority provides information to her/him as to how a particular listed threatening process or high value asset to biodiversity is being managed. Issue a ministerial direction to take action to address a listed threatening process. Supported in principle. The capacity of public authorities to respond to a Ministerial direction should be considered when determining the content of the direction. Resource-constrained councils in particular may struggle to meet deadlines and provide or fund the on-ground expertise necessary. Clarity is sought on the triggers for a Minister to exercise these proposed powers. Consider strengthening the existing duty on public authorities, for example by requiring consistency with the objectives and principles of the Act. Supported. One of the chief criticisms of the current Act is that it has not been integrated into wider decision making. Expanding the extent to which biodiversity is considered across government has the potential to greatly increase the effectiveness of the Act. Given the scope of actions across government with the potential to affect biodiversity, compliance with the Act is a key step in achieving objectives.
Submission-to-Review-of-the-Flora-and-Fauna-Guarantee-Act-1988-Mar-2017.docx