Biodiversity law reforms a step in the right direction for NSW

The NSW Government’s response to the Henry Review of the state’s biodiversity laws potentially offers some of the most positive reforms to the management of nature in NSW in more than a decade, according to the Environmental Defenders Office. [1]

“These reforms will, if implemented as proposed, enhance the management of species and landscapes and would represent an important step towards the goal of halting the declines in species and ecosystems,” said EDO Head of Policy & Law Reform Rachel Walmsley said.

“Today’s response confirms the Minns Government’s commitments to fix the broken offsets system, stop excess land clearing and strengthen environmental protections. We urge the government to get on with the job.

“Species on the brink of extinction are running out of time – we need the government to work quickly to make the changes needed to turn things around.

“The reforms proposed are high level, so their effectiveness will depend on how the government fleshes out the strategy in coming months and years.

“EDO stands ready to work with the government and other stakeholders over coming months to ensure the reforms outlined today deliver the best outcomes possible for communities and nature.”

Ms Walmsley said that while the package was clearly a step forward, some critical areas of concern have still not been adequately addressed, including the state’s unsustainably high rates of land clearing.

Positive elements of the package announced today

A new NSW Nature Strategy

New requirement for a NSW Nature Strategy that will set goals and targets for conservation and restoration.

Assessing climate and cumulative impacts

Adding climate and cumulative impacts as considerations for decision makers when assessing development proposals.

First Nations engagement

New requirements to engage with First Nations peoples on a range of decisions affecting Country.

Enhanced support for landholders

Strengthening of Biodiversity Conservation Trust’s (BCT) private land conservation program.
Stronger private land conservation agreements that protect sites of high biodiversity value from incompatible land uses.

Monitoring and reporting

Establishing and maintaining Natural Capital accounts to track trends against targets.

More detail needed

Tightening the biodiversity offsets system

Possible improvements

A timeframe for BCT to deliver offsets.
New limits on the ability of developers to offset their obligations to BCT.

Possible concerns

Practical changes to geographic constraints for trading ecosystem credits and categorisation of offset trading groups,
Flexibility for small-scale, regional developments and renewable energy projects.

Land clearing

Possible improvements

Commitment to complete native vegetation mapping needed to regulate land clearing.
Improving reporting of clearing activities to ensure adherence to existing laws

Possible concerns