{"id":"nsw:act-2016-063","name":"Biodiversity Conservation Act 2016","slug":"biodiversity-conservation-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"63 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2602,"registerId":"nsw-act-2016-063-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1.1 Name of Act\n\n> This Act is the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Protection of animals and plants","content":"# Part 2 Protection of animals and plants\n\nPart 2 Protection of animals and plants","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Offences","content":"## Division 1 Offences\n\nDivision 1 Offences\n\nNotes.","sortOrder":8},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2\n\nFor civil enforcement—see Part 13.","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Defences","content":"## Division 2 Defences\n\nDivision 2 Defences","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Biodiversity conservation licences","content":"## Division 3 Biodiversity conservation licences\n\nDivision 3 Biodiversity conservation licences","sortOrder":22},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous provisions","content":"## Division 4 Miscellaneous provisions\n\nDivision 4 Miscellaneous provisions","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Areas of outstanding biodiversity value","content":"# Part 3 Areas of outstanding biodiversity value\n\nPart 3 Areas of outstanding biodiversity value","sortOrder":33},{"sectionNumber":"3","sectionType":"section","heading":"Declaration of areas of outstanding biodiversity value","content":"#### 3 Declaration of areas of outstanding biodiversity value\n\n3.1 Declaration of areas of outstanding biodiversity value\n\n> > (1) The Minister may, in accordance with this Part, declare any area in the State to be an area of outstanding biodiversity value.\n> \n> > (2) An area is so declared by publication of a notice of the declaration on the NSW legislation website.","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Threatened species and threatened ecological communities","content":"# Part 4 Threatened species and threatened ecological communities\n\nPart 4 Threatened species and threatened ecological communities","sortOrder":40},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “listing” species, ecological communities or threatening processes","content":"#### 4 Definition of “listing” species, ecological communities or threatening processes\n\n4.1 Definition of “listing” species, ecological communities or threatening processes\n\n> In this Part—\n> \n> listing of species, ecological communities or key threatening processes includes a reference to changing the listing of species, ecological communities or key threatening processes (whether by omitting the listing or by moving the listing from one Schedule to another Schedule or to a different part of a Schedule).","sortOrder":42},{"sectionNumber":"Division 5","sectionType":"division","heading":"Key threatening processes","content":"## Division 5 Key threatening processes\n\nDivision 5 Key threatening processes","sortOrder":75},{"sectionNumber":"Division 6","sectionType":"division","heading":"Biodiversity Conservation Program for threatened species and threatened ecological communities","content":"## Division 6 Biodiversity Conservation Program for threatened species and threatened ecological communities\n\nDivision 6 Biodiversity Conservation Program for threatened species and threatened ecological communities","sortOrder":80},{"sectionNumber":"Division 7","sectionType":"division","heading":"Threatened Species Scientific Committee","content":"## Division 7 Threatened Species Scientific Committee\n\nDivision 7 Threatened Species Scientific Committee","sortOrder":84},{"sectionNumber":"Part 5","sectionType":"part","heading":"Investment Strategy and private land conservation agreements","content":"# Part 5 Investment Strategy and private land conservation agreements\n\nPart 5 Investment Strategy and private land conservation agreements","sortOrder":89},{"sectionNumber":"5","sectionType":"section","heading":"Making of Strategy","content":"#### 5 Making of Strategy\n\n5.1 Making of Strategy\n\n> > (1) The Minister is to make a Biodiversity Conservation Investment Strategy (the Strategy) as soon as practicable after the commencement of this Act.\n> > \n> > Note.\n> > \n> > Part 9 requires public consultation in relation to the making of the Strategy.\n> \n> > (2) The purpose of the Strategy is to guide investment in biodiversity conservation, and in particular to guide the Government and the Biodiversity Conservation Trust in prioritising investment in biodiversity conservation.\n> \n> > (3) The Minister is to publish the Strategy on an appropriate government website.","sortOrder":91},{"sectionNumber":"Part 6","sectionType":"part","heading":"Biodiversity offsets scheme","content":"# Part 6 Biodiversity offsets scheme\n\nPart 6 Biodiversity offsets scheme","sortOrder":127},{"sectionNumber":"6","sectionType":"section","heading":"Definitions: Part 6","content":"#### 6 Definitions: Part 6\n\n6.1 Definitions: Part 6\n\n> In this Part—\n> \n> deferred credit retirement arrangement—see section 6.28.\n> \n> Fund Manager means the Biodiversity Conservation Trust (or other public authority, body or person) appointed under Division 7 as Fund Manager in respect of the Biodiversity Stewardship Payments Fund.\n> \n> holder of a biodiversity credit means a person for the time being recorded as the holder of that credit in the register of biodiversity credits under Part 9.\n> \n> planning approval means—\n> \n> > (a) a development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (other than a complying development certificate), or\n> \n> > (b) a State significant infrastructure approval under that Act, Division 5.2, or\n> \n> > (c) a decision of a determining authority to carry out an activity, or approve the carrying out of an activity, under Part 5 of that Act if the proponent of the activity elects to obtain a biodiversity development assessment report in connection with environmental impact assessment under that Part.\n> \n> restorative action means any rehabilitation or restoration action to improve biodiversity values taken on the site of any development or clearing after it has been substantially completed.\n> \n> vegetation clearing approval means an approval under Division 6 (Approval for clearing native vegetation not otherwise authorised) of Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) for the clearing of native vegetation on regulated rural areas of the State, and includes any such approval for the clearing of native vegetation on other areas of the State that require such an approval under a State environmental planning policy made under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **s 6.1:** Am 2024 No 47, Sch 1.2\\[1\\].","sortOrder":129},{"sectionNumber":"Division 5A","sectionType":"division","heading":"Prescribed biodiversity conservation measures as alternative to retirement of biodiversity credits","content":"## Division 5A Prescribed biodiversity conservation measures as alternative to retirement of biodiversity credits\n\nDivision 5A Prescribed biodiversity conservation measures as alternative to retirement of biodiversity credits\n\n**pt 6, div 5A:** Ins 2024 No 96, Sch 1\\[29\\].","sortOrder":164},{"sectionNumber":"Division 8","sectionType":"division","heading":"Biodiversity offsets scheme administration costs","content":"## Division 8 Biodiversity offsets scheme administration costs\n\nDivision 8 Biodiversity offsets scheme administration costs","sortOrder":176},{"sectionNumber":"Part 7","sectionType":"part","heading":"Biodiversity assessment and approvals under Planning Act","content":"# Part 7 Biodiversity assessment and approvals under Planning Act\n\nPart 7 Biodiversity assessment and approvals under Planning Act","sortOrder":179},{"sectionNumber":"7","sectionType":"section","heading":"Definitions: Part 7","content":"#### 7 Definitions: Part 7\n\n7.1 Definitions: Part 7\n\n> In this Part—\n> \n> activity means an activity within the meaning of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> biodiversity development assessment report does not include—\n> \n> > (a) a biodiversity development assessment report that is no longer eligible to be submitted under section 6.15(1)(b), or\n> \n> > (b) a biodiversity development assessment report that is withdrawn under section 6.14.\n> \n> biodiversity offsets scheme threshold—see section 7.4.\n> \n> species impact statement means a species impact statement prepared in accordance with Division 5.\n> \n> threatened ecological communities do not include vulnerable ecological communities (except so much of any such community as comprises a threatened species).\n> \n> **s 7.1:** Am 2024 No 47, Sch 1.2\\[2\\]; 2024 No 96, Sch 1\\[32\\] \\[33\\].","sortOrder":181},{"sectionNumber":"Part 8","sectionType":"part","heading":"Biodiversity certification of land","content":"# Part 8 Biodiversity certification of land\n\nPart 8 Biodiversity certification of land","sortOrder":206},{"sectionNumber":"8","sectionType":"section","heading":"Definitions: Part 8","content":"#### 8 Definitions: Part 8\n\n8.1 Definitions: Part 8\n\n> In this Part—\n> \n> approved conservation measures under a biodiversity certification of land means the measures specified as approved conservation measures in an order that confers, extends or modifies the biodiversity certification.\n> \n> biodiversity certification agreement means a biodiversity certification agreement under this Part.\n> \n> biodiversity certification assessment report does not include—\n> \n> > (a) a biodiversity certification assessment report that is no longer eligible to be submitted under section 6.15(1)(b), or\n> \n> > (b) a biodiversity certification assessment report that is withdrawn under section 6.14.\n> \n> equivalent conservation measures—see section 8.14.\n> \n> party to a biodiversity certification means a person or body identified in an order under this Part as a party to the biodiversity certification.\n> \n> planning authority means—\n> \n> > (a) the Planning Minister, or\n> \n> > (b) (Repealed)\n> \n> > (c) a local council, or\n> \n> > (d) a determining authority (within the meaning of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)), or\n> \n> > (e) the Planning Agency Head, or\n> \n> > (f) Local Land Services constituted under the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or\n> \n> > (g) any other person or body declared by the regulations to be a planning authority for the purposes of this definition.\n> \n> **s 8.1:** Am 2018 No 66, Sch 3.1; 2024 No 47, Sch 1.2\\[2\\]; 2024 No 96, Sch 1\\[36\\] \\[53\\] \\[54\\].","sortOrder":208},{"sectionNumber":"Part 9","sectionType":"part","heading":"Public consultation and public registers","content":"# Part 9 Public consultation and public registers\n\nPart 9 Public consultation and public registers","sortOrder":240},{"sectionNumber":"9","sectionType":"section","heading":"Public consultation required on documents under this Act to which Division applies","content":"#### 9 Public consultation required on documents under this Act to which Division applies\n\n9.1 Public consultation required on documents under this Act to which Division applies\n\n> > (1) This Division applies to the following (a public consultation document)—\n> > \n> > > (a) a proposed declaration of an area as an area of outstanding biodiversity value,\n> > \n> > > (b) a proposed code of practice that is to be made by the Minister under section 2.9,\n> > \n> > > (c) a strategy included in the Biodiversity Conservation Program in relation to a threatened species or ecological community,\n> > \n> > > (d) the Biodiversity Conservation Investment Strategy,\n> > \n> > > (d1) the strategy to transition the biodiversity offsets scheme to net positive under section 6.2A,\n> > \n> > > (e) the biodiversity assessment method,\n> > \n> > > (f) the scheme for the accreditation of persons to prepare biodiversity assessment reports.\n> \n> > (2) Public consultation in accordance with this Division is required before a public consultation document is made.\n> \n> > (3) A reference in this Division to making a public consultation document includes a reference to issuing, adopting or publishing a public consultation document.\n> \n> **s 9.1:** Am 2024 No 96, Sch 1\\[56\\].","sortOrder":242},{"sectionNumber":"Part 10","sectionType":"part","heading":"Biodiversity Conservation Trust","content":"# Part 10 Biodiversity Conservation Trust\n\nPart 10 Biodiversity Conservation Trust","sortOrder":254},{"sectionNumber":"10","sectionType":"section","heading":"Establishment of Trust","content":"#### 10 Establishment of Trust\n\n10.1 Establishment of Trust\n\n> There is established by this Act a body corporate with the corporate name of the Biodiversity Conservation Trust of New South Wales (the Trust).","sortOrder":256},{"sectionNumber":"Part 11","sectionType":"part","heading":"Regulatory compliance mechanisms","content":"# Part 11 Regulatory compliance mechanisms\n\nPart 11 Regulatory compliance mechanisms","sortOrder":277},{"sectionNumber":"11","sectionType":"section","heading":"Definitions: Part 11","content":"#### 11 Definitions: Part 11\n\n11.1 Definitions: Part 11\n\n> In this Part—\n> \n> animal protection direction means a direction under Division 6.\n> \n> biodiversity offsets enforcement order means an order under Division 5.\n> \n> interim protection order means an order under Division 3.\n> \n> remediation order means an order under Division 4.\n> \n> stop work order means an order under Division 2.","sortOrder":279},{"sectionNumber":"Part 12","sectionType":"part","heading":"Investigation powers","content":"# Part 12 Investigation powers\n\nPart 12 Investigation powers","sortOrder":320},{"sectionNumber":"12","sectionType":"section","heading":"Definitions: Part 12","content":"#### 12 Definitions: Part 12\n\n12.1 Definitions: Part 12\n\n> In this Part—\n> \n> authorised officer means a person appointed under Division 2.\n> \n> motor vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> occupier of premises means the person who has the management or control of the premises.\n> \n> premises includes—\n> \n> > (a) a building or structure, or\n> \n> > (b) land or a place (whether enclosed or built on or not), or\n> \n> > (c) a mobile plant, vehicle, vessel or aircraft.\n> \n> records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).\n> \n> specify an act, matter or thing, includes—\n> \n> > (a) describe the act, matter or thing, and\n> \n> > (b) specify a class of acts, matters or things.\n> \n> vessel means any kind of vessel used in navigation.","sortOrder":322},{"sectionNumber":"Part 13","sectionType":"part","heading":"Criminal and civil proceedings","content":"# Part 13 Criminal and civil proceedings\n\nPart 13 Criminal and civil proceedings","sortOrder":359},{"sectionNumber":"13","sectionType":"section","heading":"Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5","content":"#### 13 Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5\n\n13.1 Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5\n\n> > (1) If Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 is specified as the maximum monetary penalty at the end of a provision (or a number of provisions) of this Act, a person who contravenes or fails to comply with that provision (or those provisions) is guilty of an offence and liable to a monetary penalty not exceeding the relevant penalty specified in this section. If a period of imprisonment is also specified, the person is also liable to imprisonment not exceeding the period so specified.\n> > \n> > Note.\n> > \n> > Section 14.10 provides that the regulations may create offences and impose a monetary penalty for an offence against the regulations not exceeding $5,500.\n> \n> > (2) The maximum monetary penalty for Tier 1 is—\n> > \n> > > (a) in the case of a corporation—\n> > > \n> > > > (i) $1,650,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $165,000 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $165,000 for each animal or whole plant to which the offence relates, or\n> > \n> > > (b) in the case of an individual—\n> > > \n> > > > (i) $330,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $33,000 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $33,000 for each animal or whole plant to which the offence relates.\n> \n> > (3) The maximum monetary penalty for Tier 2 is—\n> > \n> > > (a) in the case of a corporation—\n> > > \n> > > > (i) $660,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $66,000 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $66,000 for each animal or whole plant to which the offence relates, or\n> > \n> > > (b) in the case of an individual—\n> > > \n> > > > (i) $132,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $13,200 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $13,200 for each animal or whole plant to which the offence relates.\n> \n> > (4) The maximum monetary penalty for Tier 3 is—\n> > \n> > > (a) in the case of a corporation—\n> > > \n> > > > (i) $440,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $44,000 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $44,000 for each animal or whole plant to which the offence relates, or\n> > \n> > > (b) in the case of an individual—\n> > > \n> > > > (i) $88,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $8,800 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $8,800 for each animal or whole plant to which the offence relates.\n> \n> > (5) The maximum monetary penalty for Tier 4 is—\n> > \n> > > (a) in the case of a corporation—\n> > > \n> > > > (i) $110,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $11,000 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $11,000 for each animal or whole plant to which the offence relates, or\n> > \n> > > (b) in the case of an individual—\n> > > \n> > > > (i) $22,000, and\n> > > \n> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $2,200 for each day the offence continues, and\n> > > \n> > > > (iii) if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $2,200 for each animal or whole plant to which the offence relates.\n> \n> > (6) The maximum monetary penalty for Tier 5 is $22,000.","sortOrder":361},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"# Part 14 Miscellaneous\n\nPart 14 Miscellaneous","sortOrder":399},{"sectionNumber":"14","sectionType":"section","heading":"Act to bind Crown","content":"#### 14 Act to bind Crown\n\n14.1 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":400},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Threatened species","content":"# Schedule 1 Threatened species\n\nSchedule 1 Threatened species\n\n(Section 4.2)\n\nNote.\n\nAny species that is listed under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth is marked with an asterisk.\n\n**sch 1:** Am 2017 (433), Sch 1.1 \\[1\\]–\\[56\\]; 2017 No 63, Sch 1.2 \\[4\\]–\\[7\\] \\[9\\]; 2017 (669); 2017 (670); 2018 (167); 2018 (625); 2018 (679); 2018 (680); 2018 (681); 2018 (682); 2019 (45); 2019 (46); 2019 (47); 2019 (215); 2019 (216); 2019 (217); 2019 (219); 2019 (221); 2019 (543); 2020 (199); 2020 (200); 2020 (201); 2020 (202); 2020 (203); 2020 (204); 2020 (407); 2020 (408); 2020 (409); 2021 (37); 2021 (38); 2021 (39); 2021 (59); 2021 (231); 2021 (232); 2021 (553); 2021 (554); 2021 (605); 2021 (674); 2021 (675); 2021 (676); 2022 (11); 2022 (12); 2022 (35); 2022 (36); 2022 (223); 2022 (245); 2022 (277); 2022 (334); 2022 (413); 2022 (434); 2022 (490); 2022 (491); 2022 (637); 2022 (638); 2022 (703); 2022 (704); 2022 (705); 2022 (707); 2022 (793); 2022 (794); 2023 (22); 2023 (213); 2023 (214); 2023 (215); 2023 (216); 2023 (351); 2023 (352); 2023 (353); 2023 (354); 2023 (355); 2023 (425); 2023 (426); 2023 (427); 2023 (428); 2023(429); 2023 (467); 2023 (468); 2023 (469); 2023 (470); 2023 (634); 2023 (635); 2023 (636); 2023 (637); 2023 (638); 2023 (639); 2023 (640); 2023 (641); 2023 (650); 2023 (671); 2023 (672); 2023 (673); 2023 (674); 2023 (675); 2023 (676); 2024 (95); 2024 (98); 2024 (99); 2024 (100); 2024 (101); 2024 (102); 2024 (103); 2024 (104); 2024 (105); 2024 (106); 2024 (107); 2024 (108); 2024 (109); 2024 (110); 2024 (161); 2024 (162); 2024 (163); 2024 (164); 2024 (165); 2024 (166); 2024 (247); 2024 (248); 2024 (249); 2024 (342); 2024 (343); 2024 (344); 2024 (345); 2024 (346); 2024 (347); 2024 (348); 2024 (349); 2024 (350); 2024 (351); 2024 (352); 2024 (353); 2024 (354); 2024 (355); 2024 (356); 2024 (357); 2024 (358); 2024 (359); 2024 (360); 2024 (361); 2024 (473); 2024 (474); 2024 (475); 2024 (476); 2024 (523); 2024 (544); 2024 (602); 2024 (632); 2025 (5); 2025 (56); 2025 (57); 2025 (58); 2025 (59); 2025 (60); 2025 (61); 2025 (62); 2025 (63); 2025 (64); 2025 (65); 2025 (66); 2025 (67); 2025 (68); 2025 (69); 2025 (70); 2025 (71); 2025 (72); 2025 (73); 2025 (74); 2025 (75); 2025 (76); 2025 (77); 2025 (78); 2025 (162); 2025 (211); 2025 (299); 2025 (369); 2025 (456); 2025 (517); 2025 (518); 2025 (588); 2025 (653); 2026 (60); 2026 (150).","sortOrder":412},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Threatened ecological communities","content":"# Schedule 2 Threatened ecological communities\n\nSchedule 2 Threatened ecological communities\n\n(Section 4.2)\n\nNote.\n\nAny ecological community that is listed under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth is marked with an asterisk.\n\n**sch 2:** Am 2017 (433), Sch 1.2 \\[1\\] \\[2\\]; 2017 No 63, Sch 1.2 \\[10\\] \\[11\\]; 2017 (670); 2018 (168); 2019 (218); 2019 (220); 2019 (221); 2019 (283); 2020 (410); 2021 (38); 2021 (60).","sortOrder":428},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Extinct species, species extinct in the wild and collapsed ecological communities","content":"# Schedule 3 Extinct species, species extinct in the wild and collapsed ecological communities\n\nSchedule 3 Extinct species, species extinct in the wild and collapsed ecological communities\n\n(Section 4.2)\n\nNote.\n\nAny species or ecological community that is listed under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth is marked with an asterisk.\n\n**sch 3:** Am 2017 No 63, Sch 1.2 \\[12\\]–\\[14\\]; 2017 (668); 2017 (669); 2020 (199); 2021 (38); 2021 (39); 2021 (231); 2022 (706).","sortOrder":432},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Key threatening processes","content":"# Schedule 4 Key threatening processes\n\nSchedule 4 Key threatening processes\n\n(Section 4.31)\n\nAggressive exclusion of birds from woodland and forest habitat by abundant Noisy Miners, *Manorina melanocephala* (Latham, 1802)\n\nAlteration of habitat following subsidence due to longwall mining\n\nAlteration to the natural flow regimes of rivers and streams and their floodplains and wetlands (as described in the final determination of the Scientific Committee to list the threatening process)\n\nAnthropogenic Climate Change\n\nBushrock removal (as described in the final determination of the Scientific Committee to list the threatening process)\n\nClearing of native vegetation (as defined and described in the final determination of the Scientific Committee to list the key threatening process)\n\nCompetition and grazing by the feral European Rabbit, *Oryctolagus cuniculus (L.)*\n\nCompetition and habitat degradation by Feral Goats, *Capra hircus* Linnaeus 1758\n\nCompetition from feral honey bees, *Apis mellifera* L.\n\nDeath or injury to marine species following capture in shark control programs on ocean beaches (as described in the final determination of the Scientific Committee to list the key threatening process)\n\nEntanglement in or ingestion of anthropogenic debris in marine and estuarine environments (as described in the final determination of the Scientific Committee to list the key threatening process)\n\nForest eucalypt dieback associated with over-abundant psyllids and Bell Miners\n\nHabitat degradation and loss by Feral Horses (brumbies, wild horses), *Equus caballus* Linnaeus 1758\n\nHerbivory and environmental degradation caused by feral deer\n\nHigh frequency fire resulting in the disruption of life cycle processes in plants and animals and loss of vegetation structure and composition\n\nImportation of Red Imported Fire Ants *Solenopsis invicta* Buren 1972\n\nInfection by Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species and populations\n\nInfection of frogs by amphibian chytrid causing the disease chytridiomycosis\n\nInfection of native plants by *Phytophthora cinnamomi*\n\nIntroduction and establishment of Exotic Rust Fungi of the order Pucciniales pathogenic on plants of the family Myrtaceae\n\nIntroduction of the Large Earth Bumblebee *Bombus terrestris* (L.)\n\nInvasion and establishment of exotic vines and scramblers\n\nInvasion and establishment of Scotch Broom (*Cytisus scoparius*)\n\nInvasion and establishment of the Cane Toad (*Bufo marinus*)\n\nInvasion, establishment and spread of Lantana (*Lantana camara* L. *sens. lat*)\n\nInvasion of native plant communities by African Olive *Olea europaea* subsp. *cuspidata* (Wall. ex G. Don) Cif.\n\nInvasion of native plant communities by *Chrysanthemoides monilifera*\n\nInvasion of native plant communities by exotic perennial grasses\n\nInvasion of the Yellow Crazy Ant, *Anoplolepis gracilipes* (Fr. Smith) into NSW\n\nLoss and degradation of native plant and animal habitat by invasion of escaped garden plants, including aquatic plants\n\nLoss of hollow-bearing trees\n\nLoss or degradation (or both) of sites used for hill-topping by butterflies\n\nPredation and hybridisation by Feral Dogs, *Canis lupus familiaris*\n\nPredation by *Gambusia holbrooki* Girard, 1859 (Plague Minnow or Mosquito Fish) (as described in the final determination of the Scientific Committee to list the threatening process)\n\nPredation by the European Red Fox *Vulpes vulpes* (Linnaeus, 1758)\n\nPredation by the Feral Cat *Felis catus* (Linnaeus, 1758)\n\nPredation by the Ship Rat *Rattus rattus* on Lord Howe Island\n\nPredation, habitat degradation, competition and disease transmission by Feral Pigs, *Sus scrofa* Linnaeus 1758\n\nRemoval of dead wood and dead trees\n\n**sch 4:** Am 2018 (683).","sortOrder":438},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Protected animals","content":"# Schedule 5 Protected animals\n\nSchedule 5 Protected animals\n\nNote.\n\nSome protected animals specified in this Schedule may also be a threatened species or a part of a threatened ecological community. Provisions of this Act relating to the protection of protected animals generally also apply to animals that are a threatened species or a part of a threatened ecological community.\n\nAny of the following that are native to Australia or that periodically or occasionally migrate to Australia (including their eggs and young)—\n\namphibians—frogs or other members of the class amphibia.\n\nbirds—birds of any species.\n\nmammals—mammals of any species (including aquatic or amphibious mammals but not including dingoes).\n\nreptiles—snakes, lizards, crocodiles, tortoises, turtles or other members of the class reptilia.","sortOrder":439},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Protected plants","content":"# Schedule 6 Protected plants\n\nSchedule 6 Protected plants\n\nNote.\n\nSome protected plants specified in this Schedule may also be a threatened species or a part of a threatened ecological community. Provisions of this Act relating to the protection of protected plants generally also apply to plants that are a threatened species or a part of a threatened ecological community.","sortOrder":440},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Provisions relating to members and procedure of Threatened Species Scientific Committee","content":"# Schedule 7 Provisions relating to members and procedure of Threatened Species Scientific Committee\n\nSchedule 7 Provisions relating to members and procedure of Threatened Species Scientific Committee\n\n**sch 7:** Am 2024 No 96, Sch 1\\[4\\] \\[65\\].","sortOrder":443},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Members and procedure of Board of Biodiversity Conservation Trust","content":"# Schedule 8 Members and procedure of Board of Biodiversity Conservation Trust\n\nSchedule 8 Members and procedure of Board of Biodiversity Conservation Trust\n\n(Section 10.3)\n\n**sch 8:** Am 2024 No 96, Sch 1\\[36\\] \\[66\\].","sortOrder":450},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 9 Savings, transitional and other provisions\n\nSchedule 9 Savings, transitional and other provisions\n\n**sch 9:** Am 2017 (433), Sch 2 \\[1\\]–\\[4\\]; 2024 No 96, Sch 1\\[67\\]; 2025 No 61, Sch 3.2\\[3\\].","sortOrder":465},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":null,"content":"# Schedule 10\n\nSchedules 10, 11 (Repealed)\n\n**sch 10:** Rep 1987 No 15, sec 30C.\n\n**sch 11:** Rep 1987 No 15, sec 30C.","sortOrder":479}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally focused on threatened species protection and habitat conservation, the Act has significantly expanded to encompass a comprehensive biodiversity offsets market, voluntary stewardship agreements with financial incentives, biodiversity certification of land for development, and mandatory integration with planning and native vegetation laws, shifting from reactive protection to proactive, market-based, and landscape-scale conservation mechanisms."},"complexity_factors":["Extensive cross-references to other legislation (e.g. Environmental Planning and Assessment Act 1979, Local Land Services Act 2013, Fisheries Management Act 1994)","Multiple interdependent schemes (biodiversity offsets, private land conservation agreements, threatened species listing, biodiversity certification)","Layered definitions, eligibility criteria, and assessment methods (e.g. biodiversity assessment method with avoid-minimise-offset hierarchy)","Detailed procedural rules for licensing, appeals, public consultation, and enforcement across 14 Parts and numerous Divisions","Nested exceptions, defences, and transitional provisions, plus integration with regulations and external guidelines"],"plain_english_summary":"**This Act protects and improves biodiversity across New South Wales.** It sets rules to conserve native plants, animals, and ecosystems (the variety of living things and their habitats). It affects farmers, developers, government agencies, and anyone interacting with wildlife or land.\n\nKey parts include:\n- Listing and protecting **threatened species** and **ecological communities** (groups of plants/animals at risk of dying out).\n- Creating **private land conservation agreements** where landowners voluntarily protect biodiversity in exchange for payments or credits.\n- A **biodiversity offsets scheme** requiring developers to avoid, minimise, or compensate for harm to nature (often by buying 'biodiversity credits' from conservation sites).\n- Rules against harming protected animals/plants, damaging important areas, or clearing vegetation without approval.\n- Scientific committees, public registers, and enforcement tools like stop-work orders or fines.\n\nIt matters because it slows biodiversity loss, supports sustainable development, and integrates with planning and land management laws to balance economic activity with environmental health. Breaches can lead to penalties, remediation orders, or jail time."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act was originally conceived as a consolidation and modernisation of threatened species and nature conservation legislation in NSW. However, it has grown significantly beyond that original purpose. It now functions as a quasi-financial markets statute (regulating the creation and trading of biodiversity credits), a land management framework (governing private land conservation agreements), and an institutional governance instrument (establishing and regulating the Biodiversity Conservation Trust). Subsequent amendments have further expanded its reach, particularly in response to reviews recommending tighter offset integrity rules and stronger enforcement mechanisms. The integration with the broader NSW planning system via the Environmental Planning and Assessment Act means the Act now operates as a de facto checkpoint across a wide range of development and land-use decisions far beyond simple species protection."},"complexity_factors":["The actual text provided contains only website navigation HTML — no legislative content was supplied for direct analysis, requiring reliance on external legal knowledge","The Act itself spans hundreds of sections across multiple Parts and Chapters, making it one of NSW's longest environmental statutes","The Biodiversity Offsets Scheme involves heavily conditional logic: thresholds, credit calculations, and market mechanisms that interact with planning laws","Extensive cross-referencing with other NSW legislation including the Environmental Planning and Assessment Act 1979, Local Land Services Act 2013, and Forestry Act 2012","Large number of defined terms — the interpretation provisions define dozens of specialised terms including 'biodiversity credits', 'biodiversity values', 'serious and irreversible impacts', and 'threatened species'","Multiple overlapping regulatory pathways depending on the type of development, land category, and scale of impact","Nested exceptions and thresholds: certain provisions only apply if other conditions are met, and exemptions often contain their own sub-conditions","The Act created entirely new institutions (Biodiversity Conservation Trust, credits trading registry) with their own governance frameworks embedded in the legislation","Transitional provisions for entities and agreements under the former Acts add a further layer of complexity","Interaction with Commonwealth law (EPBC Act 1999) creates a dual-approval regime for matters of national environmental significance"],"plain_english_summary":"The text provided appears to be a **navigation shell/webpage wrapper** from the NSW legislation website, not the actual content of the Biodiversity Conservation Act 2016 (NSW) itself. However, based on well-established knowledge of this Act, here is a summary of what it does:\n\n---\n\n## What is the Biodiversity Conservation Act 2016 (NSW)?\n\nThis is a **New South Wales state law** (not a Commonwealth law) that overhauled how the NSW government protects plants, animals, and ecosystems. It replaced a patchwork of older laws — most notably the *Threatened Species Conservation Act 1995* and the *Nature Conservation Trust Act 2001*.\n\n**Who does it affect?**\n- **Landowners and developers** who want to clear native vegetation or build on land that may contain threatened species (plants or animals at risk of extinction)\n- **Farmers and rural landholders** managing land that overlaps with sensitive habitat\n- **Local councils** assessing development applications\n- **Conservation groups and land trusts** managing protected land\n- **Government agencies** responsible for environmental approvals\n\n**What does it do?**\n\n- **Establishes a listing system** for threatened species, ecological communities (groups of species that live together), and key threatening processes (things that put species at risk, like habitat clearing or invasive animals)\n- **Creates the Biodiversity Offsets Scheme (BOS)** — a market-based system that allows developers to compensate for environmental damage in one location by funding conservation work elsewhere, through the purchase of \"biodiversity credits\"\n- **Sets up the Biodiversity Conservation Trust (BCT)** — an independent body that manages conservation agreements with landholders and stewards conservation funds\n- **Requires Biodiversity Development Assessment Reports (BDARs)** — detailed scientific assessments that must accompany certain development applications to identify and quantify environmental impacts\n- **Establishes biodiversity conservation agreements** — voluntary agreements with landholders to protect habitat on their property in exchange for financial incentives\n- **Creates stop-work and remediation orders** — enforcement tools allowing authorities to halt damaging activities and require land to be restored\n- **Introduces the Biodiversity Conservation Register** — a public record of protected land and conservation agreements\n\n**Why does it matter?**\n\nNSW has one of the highest rates of biodiversity loss in Australia. This Act is the centrepiece of the state's legal framework for slowing extinction and managing the tension between economic development and environmental protection. Critics have argued the offsets scheme can allow \"death by a thousand cuts\" to habitat, while supporters say it provides a practical, market-driven mechanism for funding real conservation outcomes."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original intent. Originally consolidating and replacing several older Acts (Threatened Species Conservation Act 1995, Native Vegetation Act 2003, etc.), it has been progressively amended to introduce market-based mechanisms like the biodiversity offsets scheme and biodiversity certification. The 2024 amendment (Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024) added a requirement for the offsets scheme to transition to 'net positive' biodiversity outcomes, marking a substantial shift from the original 'no net loss' goal. The Act now includes complex financial instruments, a dedicated fund manager, and strategic planning elements that were absent from the original conservation-focused legislation."},"complexity_factors":["Extremely long Act with 14 Parts, numerous Schedules, and over 200 sections","Heavily reliant on definitions (section 1.6 defines over 50 terms)","Frequent cross-references to other Acts: Environmental Planning and Assessment Act 1979, Local Land Services Act 2013, Fisheries Management Act 1994, Forestry Act 2012, Mining Act 1992, etc.","Complex multi-tiered biodiversity offsets scheme with credits, stewardship agreements, payment calculators, and deferred retirement arrangements","Multiple overlapping approval pathways: development consent, vegetation clearing approval, biodiversity certification, each with different assessment requirements","Conditional logic throughout: 'if the Minister is of the opinion', 'subject to the regulations', 'unless otherwise provided'","Nested exceptions and defences: section 2.8 alone lists 15 separate defences to offences, many with sub-conditions","Detailed listing procedures for threatened species involving scientific committee, preliminary and final determinations, public consultation, and time frames","Interplay between state and Commonwealth listing processes (common assessment method)","Extensive schedules (Schedules 1-8) listing hundreds of species, ecological communities, and key threatening processes, which are amended by regulation","Multiple enforcement mechanisms: stop work orders, interim protection orders, remediation orders, biodiversity offsets enforcement orders, civil enforcement, penalty notices","Savings and transitional provisions across multiple amendment Acts"],"plain_english_summary":"This Act is New South Wales' main law for protecting native plants and animals and their habitats. It sets out rules to conserve biodiversity – the variety of all living things – for current and future generations.\n\n**What it does:**\n\n- **Protects specific species and areas:** It creates offences for harming threatened species (like koalas or certain frogs), picking threatened plants, damaging important habitats, or trading in protected wildlife. There are penalties ranging from fines to imprisonment.\n\n- **Lists threatened species and ecological communities:** A scientific committee decides which species and ecosystems are at risk (critically endangered, endangered, vulnerable) and maintains public lists.\n\n- **Creates a biodiversity offsets scheme:** When development (like housing, mining, or infrastructure) will damage biodiversity, the developer must obtain a 'biodiversity development assessment report' and then 'offset' the damage. Offsets usually mean buying and 'retiring' biodiversity credits, which are generated by landowners who agree to protect and manage their land for conservation under a 'biodiversity stewardship agreement'. Alternatively, developers can pay into a fund or undertake other approved conservation actions. The scheme aims to achieve 'net positive' biodiversity outcomes over time.\n\n- **Allows for biodiversity certification:** Councils or other authorities can get land certified, meaning future development on that land won't need separate biodiversity assessments, provided the authority secures offsets elsewhere.\n\n- **Encourages voluntary conservation:** Landholders can enter private agreements (stewardship, conservation, or wildlife refuge agreements) with the government or the Biodiversity Conservation Trust to protect biodiversity on their land, often in exchange for payments or other benefits.\n\n- **Establishes key bodies:** A Threatened Species Scientific Committee provides independent scientific advice on listings, and a Biodiversity Conservation Trust manages conservation agreements, the offsets fund, and other programs.\n\n- **Enforces the rules:** The Act gives authorised officers powers to investigate breaches, issue stop-work orders, interim protection orders, remediation orders, and seek court enforcement.\n\n**Who it affects:** Landholders, developers, miners, farmers, local councils, government agencies, and anyone who interacts with native wildlife or plants. It also affects the public through increased cost of development and potential restrictions on land use.\n\n**Why it matters:** It creates a legal framework to try to balance development with conservation. The offsets scheme is meant to ensure that overall, there is no net loss (and eventually a net gain) of biodiversity, though its effectiveness depends on rigorous assessment, compliance, and the long-term management of offset sites. The Act imposes significant compliance costs and administrative burdens on development, which can affect housing supply and economic activity."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/biodiversity-conservation-act-2016","history":"/api/acts/biodiversity-conservation-act-2016/history","analysis":"/api/acts/biodiversity-conservation-act-2016/analysis","conflicts":"/api/acts/biodiversity-conservation-act-2016/conflicts","importantCases":"/api/acts/biodiversity-conservation-act-2016/important-cases","documents":"/api/acts/biodiversity-conservation-act-2016/documents"}}