Biodiversity duty
This guidance chapter provides schools with information regarding the biodiversity duty set out in section 4B of the Flora and Fauna Guarantee Act 1988 (FFG Act).
Biodiversity considerations
Summary
Schools must consider biodiversity when undertaking activities that may enhance or decrease biodiversity on their site, such as removing or planting trees and vegetation.
The steps for considering biodiversity are as follows.
Step 1
- Schools must be aware of the objectives of the FFG Act which are:
- to guarantee that flora and fauna in Victoria can persist and improve in the wild and retain their capacity to adapt to environmental change
- to prevent flora and fauna from becoming threatened and to recover threatened species so their conservation status improves
- to protect, conserve, restore and enhance biodiversity.
Step 2
- With that awareness in mind, schools must consider the impacts of the proposed function on biodiversity, before proceeding with the planned activity.
- Impacts include short and long term, beneficial and detrimental, direct and indirect and cumulative impacts.
- Schools may use the general knowledge reasonably expected to be held by school leadership when assessing potential impacts.
- Schools should also consider other interests (for example, the reason they need to remove a tree or the legislative requirements of bushfire clearing works).
Step 3
- There is no required action following consideration of the impact on biodiversity.
- Schools may decide to proceed with activities on their site, even if the impact is expected to decrease biodiversity.
- If schools need further support, or suspect there are threatened species on site, they should engage an arborist for advice.
Additional guidance
There is no set assessment or methodology required when assessing the impacts on biodiversity, however, this policy sets out some examples which schools may like to replicate when giving consideration.
Schools are not required to record any biodiversity considerations made but can do so if they wish.
Schools should consider other existing policies which outline requirements to support the health and biodiversity of ecological systems and manage any loss of biodiversity, including the requirements in this policy and the Building Quality Standards Handbook (BQSH) (such as section 3.4 Landscape Planning).
Schools may choose to engage an arborist who can assist them with considering biodiversity, especially if they have a reasonable belief that they have threatened species onsite, although this is not required. Schools can choose to fund this through their School Resource Package Grounds Allowance funding which is provided to ensure that grounds of the school are properly maintained, including trees.
Bushfire Prevention (Vegetation) Program
The Bushfire Prevention (Vegetation) Program (BPVP) is a function which would reasonably be expected to impact on biodiversity as it requires clearing vegetation to minimise bushfire risk.
Schools’ priority is to ensure their school is safe from bushfire related impacts in line with BPVP requirements.
Once this is ensured, schools must still give consideration to biodiversity before conducting any vegetation clearance works. Due to the requirement of the BPVP and the long-term impact of the BPVP to biodiversity (that is, preventing severe bushfires and therefore preventing severe impact on biodiversity), following consideration, it may be that schools conclude they can proceed with the clearing.
While the action of conducting vegetation clearing is likely going to be unavoidable, schools should pay regard to the positive actions they can take to offset the potential negative consequences caused by the vegetation clearing. For example, schools might consider planting fire resistant species of flora following the fire season.
Case studies
Case study 1: Removing trees
Scenario description
A school in the south-east of Melbourne has raised funds locally to upgrade their bike shed. The school is seeking to encourage more students to ride their bikes to school and needs additional space to store bikes as on most days the bike shed is at capacity. To extend the bike shed, the school will need to remove vegetation, including 3 trees.
Example process of giving consideration
- The school has previously familiarised themselves with the objectives of the FFG Act.
- With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of removing the 3 trees on biodiversity, before proceeding. In doing this, the principal uses their general knowledge and does not rely on any further expertise or advice.
- While giving consideration, the principal also considers other interests, such as the reason the trees potentially need to be removed.
- These are some of the questions the principal considers when giving consideration to the potential impacts:
- Will removing these trees threaten the persistence of this species in their natural environment?
- Will removing these trees help to protect, conserve, restore and enhance biodiversity?
- What will the short-term, long-term, direct, indirect and cumulative impacts on biodiversity be?
- The principal weighs the potential impacts on biodiversity with the reason behind needing to remove the trees, and the potential benefits that will bring to the school community (for example, extending the bike shed will allow more students to ride to school instead of driving or taking public transport).
- The principal also notes the requirement under the Tree and Vegetation Management policy to plant 2 trees of a comparable species for every one removed.
Decision
The principal decides that, on balance, extending the bike shed is going to have greater benefits to the environment, than the impact of removing the 3 trees. To offset any impact to biodiversity, the principal decides to plant 10 native trees as close to the original location of the existing trees as possible.
Case study 2: Bushfire prevention clearing
Scenario description
A school in northern Victoria is listed on the Bushfire-At-Risk Register. They receive funding under the department’s Bushfire Preparedness (Vegetation) Program (BPVP) in recognition of their higher risk. In preparation for the upcoming annual bushfire season, the school is organising its essential bushfire vegetation clearance works.
Example process of giving consideration
- The school has previously familiarised themselves with the objectives of the FFG Act.
- With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of conducting the bushfire prevention clearing, before proceeding.
- In doing this, the principal uses their general knowledge and does not rely on any further expertise or advice.
- While giving consideration, the principal also considers other interests, such as this function being unavoidable given the schools requirements under the BPVP program.
- These are some of the questions the principal considers when giving consideration to the potential impacts:
- What are going to be the detrimental impacts on biodiversity (for example, some vegetation will be removed)?
- What are the benefits related to vegetation clearing (for example, reduced risk of detrimental impacts from bushfire which will allow for flora and fauna to persist and the controlled nature of the process)?
- What can the school do to positively impact on and enhance local biodiversity following the clearing works (such as planting more varieties of native fire plants)?
- Given this function is unavoidable, the principal focuses their attention on what positive impacts to biodiversity they can implement to off-set any potential negative consequences of the vegetation clearing works.
Decision
Due to the requirement of the BPVP and the long-term impact of the BPVP to biodiversity (that is, preventing severe bushfires and therefore preventing severe impact on biodiversity), the principal decides to continue with the clearance works. Following bushfire season, the school will commit to planting 20 fire resistant native species of plants to off-set any potential negative consequences caused by the vegetation clearing works.
Case study 3: Landscaping
Scenario description
A school in Melbourne’s northern suburbs is seeking to refresh an old wetlands area on their school’s site, which has been neglected for some time. They want to remove some of the current vegetation, and replant species of plants to create a thriving wetlands area which students can engage in during class time and recreational time. The intent is to enhance biodiversity on the school grounds and allow students with greater access to biodiversity, which will be used in lessons.
Example process of giving consideration
- The school has previously familiarised themselves with the objectives of the FFG Act.
- With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of removing vegetation and replanting species of plants on biodiversity, before proceeding. In doing this, the principal uses their general knowledge.
- While giving consideration, the principal also considers other interests, such as the reason why they want to transform this wetlands area.
- As in line with the BQSH, the school has engaged a landscape designer to assist them with this process.
- The school and the landscape designer are guided by the BQSH which outlines the tree and plant selection criteria for Victorian government schools.
- These are some of the questions the principal considers, in consultation with the landscape designer, when giving consideration to the potential impacts:
- Why are they removing the current vegetation?
- Is removing the current vegetation essential to refreshing the wetlands area?
- What benefit will removing the current vegetation bring?
- What is the potential detriment associated with removing the current vegetation?
- Will the plant choices made ensure species can persist and improve in the wild?
- Will the plant choices made help recover threatened species?
- Will the plant choices made help to protect, conserve, restore and enhance biodiversity?
- What will the short-term, long-term, direct, indirect and cumulative impacts on biodiversity be?
- Will the function contribute to valuing nature and ensuring Victoria’s natural environment is healthy?
Decision
In consultation with the landscape designer, the school decides that there is no material reason to remove the current vegetation. While the school initially thought this would be the easiest solution, after giving consideration to the impacts on biodiversity, they have determined this is not essential. The landscape designer has provided advice that the existing vegetation can remain, and the school can add to it by planting native vegetation, which will allow the whole wetlands area to be rejuvenated.
Reviewed 30 June 2025