This Act seeks to protect and conserve flora and fauna presumed extinct, endangered and vulnerable and as such can impact on farm forestry operations. It is administered by the National Parks and Wildlife Service

When harvesting existing forest or carrying out silvicultural management a landholder will have to determine if the operation will:

• harm threatened fauna
• result in the picking of threatened flora
• damage critical habitat (to be shown on maps not yet prepared)
• damage habitat of threatened species.

If the answer to any of these questions is yes a landholder will need to apply to the National Parks and Wildlife Service for a Section 91 Licence under this Act. A current application fee of $30 is required plus a processing fee.

A Section 91 licence gives permission to harm or pick threatened species, populations or ecological communities or damage their habitat and is issued subject to various conditions.

In determining this application the National Parks and Wildlife Service take the following factors into account in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitat:

1. In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that a viable local population of the species is likely to be placed at risk of extinction,
2. In the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised,
3. In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed.
4. Whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community,
5. Whether critical habitat will be affected,
6. Whether a threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the region,
7. Whether the development or activity proposed is of a class of development or activity that is recognised as a threatening process,
8. Whether any threatened species, population or ecological community is at the limit of its known distribution.

In the case of an application under the Native Vegetation Conservation (NVC) Act, which is administered by the Department of Land and Water Conservation, this 8 point test is carried out by DLWC. This includes State Protected Land applications. A Section 91 license is not required for those operations given development consent under the NVC Act.

An overriding principle in farm forestry flora and fauna management is to limit logging intensity and therefore associated disturbance of key habitat components. The following principles are equally suitable in managing all flora and fauna species.

1. Base logging intensity on a careful evaluation of timber stand basal areas (and associated canopy cover) to ensure excessive stem and canopy removal does not occur.
2. Maintain an uneven age structure to preserve habitat and habitat layers.
3. Preserve habitat trees. Habitat tree is a large living or dead tree with obvious hollows which provide roosting and nesting sites for birds and arboreal mammals.

In many forests there won't be many but where available aim for a minimum of 10 per 2 hectares.

4. Maintain recruitment habitat trees. Aim for approximately 10 per 2 hectares ranging from 25cm to 60cm DBHOB.
5. Minimise damage to understorey (eg shrubs and trees) during machinery operations. Also by judicious grazing and burning. Strategic hazard reduction burns should be at greater than 5 year intervals where practicable.
6. Retain feed trees. Where possible and practicable aim for a minimum of 6 per 2 hectares of each species of recognised fauna food tree over a good range of size classes. Examples include:

Food tree	Fauna
tallowwood, blackbutt, grey gum, forest red gum	koala
forest oak	glossy black cockatoo
blue gum, red ironbark	swift parrot
scribbly gum, grey gum, forest red gum	yellow-bellied glider
eucalypts, banksias, paperbarks	various bat species
mistletoe	painted honeyeater

7. For nectar supply maintain a diversity of flowering eucalypts and banksia tree species. Preserve all large flowering shrubs.
1. Retain one seed tree per tree species per hectare. If possible greater than 60cm DBHOB.
2. Maintain large shedding bark trees. If possible approximately 8 per 2 hectares. Shedding bark provides shelter for small mammals (e.g. microbats) and is an insect food source.
3. Where feasible minimise disturbance to fallen tree stems in order to preserve habitat for marsupial mice, reptiles, invertebrates and echidnas.
4. Preserve rainforest and carefully manage riparian zones including swamps and drainage lines.

Although the list of trees to be retained for fauna purposes may appear rather large remember that a single tree can fulfil several of the above requirements.

If any threatened flora species are identified prior to, or during, logging or silvicultural operations ensure operations do not disturb these species.

If disturbance of a threatened flora species or its habitat is unavoidable a Section 91 Licence under the Threatened species Conservation Act may be required from National Parks.

National Parks and Wildlife Service can be consulted with regards to threatened flora (and fauna) which may occur in your area.

All the above information provides guidelines only and the National Parks and Wildlife Service should be contacted for more detailed information.