5.Crops & other produce

Introduction

Protected species

Growers must comply with various legal issues such as the laws surrounding the protection of native vegetation and others regulating the growth and sale of crops. There are national and international laws that protect breeders of new plant species and control the threat of plant diseases. Other state and national laws regulate the intellectual property associated with plants and plant parts.

Different sectors within the industry face different laws depending on development and the degree of self-regulation in industry practice. With increasing privatisation, growers face new options in selling their produce in Australia and, increasingly, overseas. Consumers are more demanding than in the past and those who package, process and sell food must comply with rigorous legal requirements (for example, organic produce is becoming increasingly popular but the law protects consumers from false claims).

Protected species

Commonwealth and state governments have passed legislation to protect native vegetation. Nationally, the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cth) protects and conserves wild fauna and flora. In Victoria, native vegetation is protected under the Flora and Fauna Guarantee Act 1988 and the Planning and Environment Act 1987: see also 'Native plants' under 'Environment and planning' where the legislation is covered in more detail.

The Flora and Fauna Guarantee Act creates a Scientific Advisory Committee, whose role is to to advise the Minister on the listing of taxa or communities of flora and fauna and potentially threatening processes and to advise the Minister on any other flora and fauna conservation matters. Such flora and fauna are listed in Schedule 2 to the Act.

The Planning and Environment Act 1987 also regulates planning and developments that affect the environment. The Victoria Planning Provisions govern the format of local planning schemes including the state Planning Policy Framework, which applies to both public and private land: see also 'Planning law' under 'Environment and planning'.