{"id":"nsw:sl-2017-0432","name":"Biodiversity Conservation Regulation 2017","slug":"biodiversity-conservation-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"432 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176777,"registerId":"nsw-nsw:sl-2017-0432-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1.1 Name of Regulation\n\n> This Regulation is the [Biodiversity Conservation Regulation 2017](/view/html/inforce/current/sl-2017-0432).","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":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Protection of marine mammals","content":"## Division 2 Protection of marine mammals\n\nDivision 2.1 Protection of marine mammals\n\nNote.\n\nSection 2.10 of the Act provides that it is a defence to a prosecution for an offence under this Division if the person charged establishes that the act that constituted the offence was authorised by and done in accordance with a biodiversity conservation licence. Section 2.7(5) of the Act prevents the issue of biodiversity conservation licences that authorise harm to marine mammals or the obtaining of marine mammals for exhibition or other purposes unless it is necessary for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.","sortOrder":7},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2.1 Definitions\n\n> In this Division—\n> \n> approach a marine mammal includes operate an aircraft or vessel that approaches the marine mammal.\n> \n> aircraft means any airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon, airship or unmanned aircraft.\n> \n> calf means a whale, dolphin or dugong that is not more than half the length of an adult of the same species.\n> \n> constant slow speed, in relation to a marine mammal or group of marine mammals that is being approached, means a speed of approach to the marine mammal or group that is constant, slow and leaves negligible wake.\n> \n> dolphin means an animal of the family Delphinidae or Phocoenidae (other than a killer whale (*Orcinus orca*)).\n> \n> dugong means an animal of the species *Dugong dugon*.\n> \n> marine mammal means an animal of the order Cetacea or Sirenia or the family Otariidae or Phocidae.\n> \n> operate a vessel includes—\n> \n> > (a) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel (whether or not the vessel is underway), and\n> \n> > (b) to pilot the vessel.\n> \n> prohibited vessel means a vessel that is a personal motorised water craft (for example, a jet ski), parasail, hovercraft, wing-in-ground effect craft or a motorised diving aid (for example, a motorised underwater scooter) and includes a remotely operated water craft (for example, a remote controlled speed boat).\n> \n> pup means a seal or sea lion that is not more than half the length of an adult of the same species.\n> \n> seal or sea lion means an animal of the family Otariidae or Phocidae.\n> \n> swimming includes snorkelling or diving.\n> \n> unmanned aircraft means any unmanned airborne craft, including a drone or other remotely piloted airborne craft.\n> \n> vessel includes a water craft of any description that is used or capable of being used as a means of transportation on water, but does not include an aircraft that is capable of landing on water.\n> \n> whale means an animal of the order Cetacea other than a dolphin and includes a killer whale (*Orcinus orca*).\n> \n> **cl 2.1:** Am 2020 (598), Sch 1\\[1\\]–\\[4\\].","sortOrder":8},{"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":53},{"sectionNumber":"Division 3","sectionType":"division","heading":"Criteria for declaration","content":"## Division 3 Criteria for declaration\n\nDivision 3.1 Criteria for declaration","sortOrder":54},{"sectionNumber":"3","sectionType":"section","heading":"Criteria for declaring areas of outstanding biodiversity value (section 3.2)","content":"#### 3 Criteria for declaring areas of outstanding biodiversity value (section 3.2)\n\n3.1 Criteria for declaring areas of outstanding biodiversity value (section 3.2)\n\n> > (1) This clause sets out the criteria to be applied by the Minister in determining whether an area should be declared an area of outstanding biodiversity value because—\n> > \n> > > (a) the area is important at a state, national or global scale, and\n> > \n> > > (b) the area makes a significant contribution to the persistence of at least one of the following—\n> > > \n> > > > (i) multiple species or at least one threatened species or ecological community,\n> > > \n> > > > (ii) irreplaceable biological distinctiveness,\n> > > \n> > > > (iii) ecological processes or ecological integrity,\n> > > \n> > > > (iv) outstanding ecological value for education or scientific research.\n> \n> > (2) An area makes a significant contribution to the persistence of multiple species or at least one threatened species or ecological community if—\n> > \n> > > (a) it provides resilience during periods of environmental stress that is important for their continued existence, or\n> > \n> > > (b) it sustains adaptive capacity or evolutionary potential because it contains high levels of unique components of genetic or phenotypic diversity that will enable species to adapt to changing environments or it functions as an important ecological or evolutionary refuge able to sustain viable populations of species at risk due to climate change or other environmental stresses, or\n> > \n> > > (c) it supports migration or dispersal of animals and plants, currently or in the future, that will contribute significantly to the persistence of species at risk, or\n> > \n> > > (d) it is habitat critical for the survival of a threatened species.\n> \n> > (3) An area makes a significant contribution to the persistence of irreplaceable biological distinctiveness if—\n> > \n> > > (a) it has a very high structural, functional or compositional diversity, or\n> > \n> > > (b) it is an essential site for the persistence of evolutionary or ecological distinctive species, endemic species or ecological communities, or\n> > \n> > > (c) it is an essential site for the persistence of 2 or more threatened species or ecological communities in any combination.\n> \n> > (4) An area makes a significant contribution to the persistence of ecological processes or ecological integrity if—\n> > \n> > > (a) it has ecological integrity, being an area that is—\n> > > \n> > > > (i) an outstanding, relatively intact example of a functioning ecosystem type, or if a fully intact ecosystem does not remain, then the best remaining example of that ecosystem type that contributes to maintaining the persistence of biodiversity and ecological integrity, or\n> > > \n> > > > (ii) the most intact remaining site of a species occurrence that provides habitat requirements vital to the conservation of a species, or\n> > > \n> > > > (iii) the last known remaining site of a species occurrence, or\n> > \n> > > (b) it is a primary contributor to the continuation of essential ecological processes, or\n> > \n> > > (c) it is an essential site for a significant proportion of the population of a species during one or more key life history stages or processes.\n> \n> > (5) An area makes a significant contribution to the persistence of outstanding ecological value for education or scientific research if it contains established infrastructure or data related to long-term ecological research monitoring programs that establish an irreplaceable historic baseline, being the best site anywhere in NSW for long-term research on particular species, ecological communities or ecological processes.\n> \n> > (6) The Environment Agency Head may, following consultation with the Secretary of the Department of Planning, Housing and Infrastructure, publish guidelines on the application of the criteria under this clause that the Environment Agency Head will take into account when making a recommendation under section 3.3 of the Act for the declaration of an area of outstanding biodiversity value.\n> \n> **cl 3.1:** Am 2024 No 47, Sch 1.3\\[2\\].","sortOrder":55},{"sectionNumber":"Part 4","sectionType":"part","heading":"Threatened species and ecological communities—listing criteria","content":"# Part 4 Threatened species and ecological communities—listing criteria\n\nPart 4 Threatened species and ecological communities—listing criteria","sortOrder":73},{"sectionNumber":"Division 4","sectionType":"division","heading":"Criteria for listing of threatened species","content":"## Division 4 Criteria for listing of threatened species\n\nDivision 4.1 Criteria for listing of threatened species","sortOrder":74},{"sectionNumber":"4","sectionType":"section","heading":"Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4)","content":"#### 4 Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4)\n\n4.1 Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4)\n\n> > (1) Critically endangered species The relevant criteria for critically endangered species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as a critically endangered species on the basis that it is facing an extremely high risk of extinction in Australia in the immediate future.\n> \n> > (2) Endangered species The relevant criteria for endangered species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as an endangered species on the basis that—\n> > \n> > > (a) it is facing a very high risk of extinction in Australia in the near future, and\n> > \n> > > (b) it is not eligible to be listed as a critically endangered species.\n> \n> > (3) Vulnerable species The relevant criteria for vulnerable species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as a vulnerable species on the basis that—\n> > \n> > > (a) it is facing a high risk of extinction in Australia in the medium-term future, and\n> > \n> > > (b) it is not eligible to be listed as a critically endangered species or an endangered species.\n> \n> > (4) Listing may be based on species satisfying any one or more of the relevant criteria A species is eligible to be listed in a particular category if the criteria specified in any of the following clauses of this Division apply to the species.\n> \n> > (5) Special additional criteria for listing populations A population of a species is not eligible to be listed as a threatened species under any of the criteria specified in the following clauses of this Division unless—\n> > \n> > > (a) the species to which the population belongs is not separately listed as a threatened species, and\n> > \n> > > (b) the population is, in the opinion of the Scientific Committee, of significant conservation value based on its role in the conservation of the species or a number of other species.\n> \n> Note.\n> \n> Section 4.4 of the Act provides that if a species is not eligible to be listed in any category in accordance with that section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with that section on the basis of the risk of extinction in New South Wales.","sortOrder":75},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions relating to private land conservation agreements","content":"# Part 5 Provisions relating to private land conservation agreements\n\nPart 5 Provisions relating to private land conservation agreements","sortOrder":100},{"sectionNumber":"5","sectionType":"section","heading":"Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3))","content":"#### 5 Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3))\n\n5.1 Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3))\n\n> > (1) Land is not eligible to be designated as a biodiversity stewardship site by a biodiversity stewardship agreement if—\n> > \n> > > (a) the Minister is of the opinion that any current or previous use or proposed use of the land proposed to be designated as the site is inconsistent with biodiversity conservation, or\n> > \n> > > (b) the Minister is of the opinion that any use or proposed use of any land proposed to be designated as the site (or that is in the vicinity of that land) will prevent relevant management actions from being carried out on the land proposed to be designated as the site or prevent the purpose of those actions from being achieved, or\n> > \n> > > (c) the Minister is of the opinion that the owner of the land proposed to be designated as the site is already under a legal obligation to carry out biodiversity conservation measures on the land unless—\n> > > \n> > > > (i) a government or statutory agency that imposed the legal obligation, or that administers the provisions relating to the legal obligation (or a Minister to whom the agency is responsible) advises in writing that the legal obligation was not created for biodiversity offset purposes, or\n> > > \n> > > > (ii) the biodiversity stewardship agreement is entered into for the purpose of satisfying the legal obligation and the biodiversity credits generated in connection with the land are to be retired and not traded or used to meet any other biodiversity offset obligation, or\n> > \n> > > (d) the land is reserved under Part 4 or Part 4A of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (e) the land is a flora reserve or special management zone within the meaning of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096).\n> \n> > (2) A legal obligation to carry out biodiversity conservation measures referred to in subclause (1)(c) includes an obligation under—\n> > \n> > > (a) an offset (within the meaning of the [Native Vegetation Regulation 2013](/view/html/repealed/current/sl-2013-0543)) under a property vegetation plan approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), or\n> > \n> > > (b) a set aside under section 60ZC of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or\n> > \n> > > (c) a condition of an approval or consent under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or\n> > \n> > > (d) an offset arrangement made for the purpose of complying with requirements imposed by or under any Act (including the requirements of any authority granted by a public authority under any Act).\n> \n> > (3) Subclause (1) does not prevent other parts of a parcel of land (that do not comprise land referred to in subclause (1)(a)–(e)) from being designated as a biodiversity stewardship site by a biodiversity stewardship agreement.\n> \n> **cl 5.1:** Am 2021 No 47, Sch 3.1.","sortOrder":101},{"sectionNumber":"Part 6","sectionType":"part","heading":"Biodiversity offsets scheme","content":"# Part 6 Biodiversity offsets scheme\n\nPart 6 Biodiversity offsets scheme","sortOrder":110},{"sectionNumber":"Division 6","sectionType":"division","heading":"General","content":"## Division 6 General\n\nDivision 6.1 General","sortOrder":111},{"sectionNumber":"6","sectionType":"section","heading":"Additional biodiversity impacts to which scheme applies (sections 6.3 and 6.6(2))","content":"#### 6 Additional biodiversity impacts to which scheme applies (sections 6.3 and 6.6(2))\n\n6.1 Additional biodiversity impacts to which scheme applies (sections 6.3 and 6.6(2))\n\n> > (1) The impacts on biodiversity values of the following actions are prescribed (subject to subclause (2)) as biodiversity impacts to be assessed under the biodiversity offsets scheme—\n> > \n> > > (a) the impacts of development on the following habitat of threatened species or ecological communities—\n> > > \n> > > > (i) karst, caves, crevices, cliffs and other geological features of significance,\n> > > \n> > > > (ii) rocks,\n> > > \n> > > > (iii) human made structures,\n> > > \n> > > > (iv) non-native vegetation,\n> > \n> > > (b) the impacts of development on the connectivity of different areas of habitat of threatened species that facilitates the movement of those species across their range,\n> > \n> > > (c) the impacts of development on movement of threatened species that maintains their lifecycle,\n> > \n> > > (d) the impacts of development on water quality, water bodies and hydrological processes that sustain threatened species and threatened ecological communities (including from subsidence or upsidence resulting from underground mining or other development),\n> > \n> > > (e) the impacts of wind turbine strikes on protected animals,\n> > \n> > > (f) the impacts of vehicle strikes on threatened species of animals or on animals that are part of a threatened ecological community.\n> \n> > (2) The additional biodiversity impacts prescribed by this clause—\n> > \n> > > (a) are prescribed for the purposes of assessment and biodiversity assessment reports under the Act, but are not additional biodiversity impacts for the purposes of calculating the number and class of biodiversity credits that are required under a biodiversity assessment report to be retired to offset the residual impact on biodiversity values of proposed development, proposed clearing of native vegetation or proposed biodiversity certification of land, and\n> > \n> > > (b) may be taken into account in the determination of the biodiversity credits required to be retired (or other conservation measures required to be taken) under a planning approval or vegetation clearing approval or under a biodiversity certification of land.","sortOrder":112},{"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":151},{"sectionNumber":"7","sectionType":"section","heading":"Biodiversity offsets scheme threshold (section 7.4)","content":"#### 7 Biodiversity offsets scheme threshold (section 7.4)\n\n7.1 Biodiversity offsets scheme threshold (section 7.4)\n\n> > (1) Proposed development exceeds the biodiversity offsets scheme threshold for the purposes of Part 7 of the Act if it is or involves—\n> > \n> > > (a) the clearing of native vegetation of an area declared by clause 7.2 as exceeding the threshold, or\n> > \n> > > (b) the clearing of native vegetation, or other action prescribed by clause 6.1, on land included on the Biodiversity Values Map published under clause 7.3.\n> \n> > (2) Proposed development that is or involves the clearing of native vegetation on Lord Howe Island does not exceed the biodiversity scheme threshold, despite anything to the contrary in subclause (1).\n> \n> > (3) If proposed development is or involves the subdivision of land, the subdivision is taken to involve the clearing of native vegetation that, in the opinion of the relevant consent authority or other planning approval body, is required or likely to be required for the purposes for which the land is to be subdivided. Once that clearing has been taken into account, the clearing for the purposes of the subsequent development of the land for which it was subdivided is not to be taken into account when determining whether the subsequent development exceeds the threshold.\n> \n> Note.\n> \n> [State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017](/view/html/repealed/current/epi-2017-0454) requires approval under the Policy for the clearing of native vegetation that exceeds the biodiversity offsets scheme threshold in the areas of the State that are not rural areas to which Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) applies (and are not national park estate and certain other conservation areas or State forestry land). The Policy will apply the approval process of the Native Vegetation Panel under that Part.","sortOrder":152},{"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":159},{"sectionNumber":"8","sectionType":"section","heading":"Avoiding or minimising impacts of clearing and loss of habitat may be specified as related other approved measures in order conferring biodiversity certification (section 8.3(3)(c))","content":"#### 8 Avoiding or minimising impacts of clearing and loss of habitat may be specified as related other approved measures in order conferring biodiversity certification (section 8.3(3)(c))\n\n8.1 Avoiding or minimising impacts of clearing and loss of habitat may be specified as related other approved measures in order conferring biodiversity certification (section 8.3(3)(c))\n\n> Measures to avoid or minimise the impacts on biodiversity values of the clearing of native vegetation and the loss of habitat on biodiversity certified land are related matters under section 8.3(3)(c) of the Act that may be specified as other approved measures in the order conferring biodiversity certification.","sortOrder":160},{"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":170},{"sectionNumber":"Division 9","sectionType":"division","heading":"Public consultation","content":"## Division 9 Public consultation\n\nDivision 9.1 Public consultation","sortOrder":171},{"sectionNumber":"9","sectionType":"section","heading":"Exclusion of Christmas/New Year period (section 9.6)","content":"#### 9 Exclusion of Christmas/New Year period (section 9.6)\n\n9.1 Exclusion of Christmas/New Year period (section 9.6)\n\n> > (1) This clause applies to the minimum public exhibition period of 4 weeks in respect of a public consultation document that is required by section 9.2 of the Act.\n> \n> > (2) The period between 20 December and 10 January (inclusive) is excluded from the calculation of the minimum period of public exhibition.","sortOrder":172},{"sectionNumber":"Part 10","sectionType":"part","heading":"Biodiversity Conservation Trust","content":"# Part 10 Biodiversity Conservation Trust\n\nPart 10 Biodiversity Conservation Trust","sortOrder":185},{"sectionNumber":"10","sectionType":"section","heading":"Preparation and publication of Trust business plan (section 10.7(5))","content":"#### 10 Preparation and publication of Trust business plan (section 10.7(5))\n\n10.1 Preparation and publication of Trust business plan (section 10.7(5))\n\n> > (1) The business plan of the Trust is to contain the following—\n> > \n> > > (a) the goals of the Trust (being goals that are consistent with its objects under section 10.4 of the Act) and its plans for achieving those goals,\n> > \n> > > (b) its plan for the investment of money of or under the control of the Trust and for the management of the proceeds of its investments,\n> > \n> > > (c) its plan for collecting and managing data or information for the exercise of its functions (including for the purposes of the biodiversity information programs of the Environment Agency Head under section 14.3 and of the evaluation of investment in biodiversity conservation on private land).\n> \n> > (2) While the Trust continues to be the Fund Manager of the Biodiversity Stewardship Payments Fund, the business plan of the Trust extends to its functions as the Fund Manager.","sortOrder":186},{"sectionNumber":"Part 11","sectionType":"part","heading":"Regulatory compliance mechanisms","content":"# Part 11 Regulatory compliance mechanisms\n\nPart 11 Regulatory compliance mechanisms","sortOrder":189},{"sectionNumber":"11","sectionType":"section","heading":"Terms of interim protection orders (section 11.9(2))","content":"#### 11 Terms of interim protection orders (section 11.9(2))\n\n11.1 Terms of interim protection orders (section 11.9(2))\n\n> > (1) An interim protection order may contain terms of either or both of the following kinds—\n> > \n> > > (a) terms prohibiting the owner or occupier of any land that is subject to the order from doing any of the activities referred to in subclause (2),\n> > \n> > > (b) terms allowing the owner or occupier of any land that is subject to the order to do any of those activities only with the consent of the Minister or only subject to other specified conditions.\n> \n> > (2) The activities that may be prohibited or regulated are the following—\n> > \n> > > (a) the total or partial destruction, demolition, removal, damaging or defacing of any building, structure or work on any land,\n> > \n> > > (b) the damaging or despoiling of any land,\n> > \n> > > (c) the carrying out of development on any land,\n> > \n> > > (d) the clearing of native or other vegetation on any land,\n> > \n> > > (e) any other activity that may affect the preservation, protection or maintenance of any land, including any threatened species or ecological community (or its habitat) or any protected animal or protected plant.\n> \n> > (3) In this clause, doing an activity includes causing or permitting the activity to be done.","sortOrder":190},{"sectionNumber":"Part 12","sectionType":"part","heading":"Investigation powers","content":"# Part 12 Investigation powers\n\nPart 12 Investigation powers","sortOrder":192},{"sectionNumber":"12","sectionType":"section","heading":"Retention, destruction or disposal of seized animals or plants (section 12.18)","content":"#### 12 Retention, destruction or disposal of seized animals or plants (section 12.18)\n\n12.1 Retention, destruction or disposal of seized animals or plants (section 12.18)\n\n> > (1) This clause applies to an animal, plant or other thing seized under Part 12 of the Act that is not required to be returned to the person from whom it was seized.\n> \n> > (2) Any such thing—\n> > \n> > > (a) may be returned to the person from whom it was seized, and\n> > \n> > > (b) may be retained by the authorised officer who seized it or by the Environment Agency Head, and\n> > \n> > > (c) may be destroyed or disposed of with the authority of the Environment Agency Head.\n> \n> > (3) In this clause, disposed of includes sold or transferred to another person.","sortOrder":193},{"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":196},{"sectionNumber":"13","sectionType":"section","heading":"Penalty notice offences (section 13.5)","content":"#### 13 Penalty notice offences (section 13.5)\n\n13.1 Penalty notice offences (section 13.5)\n\n> Schedule 1 contains provisions relating to penalty notice offences.","sortOrder":197},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"# Part 14 Miscellaneous\n\nPart 14 Miscellaneous","sortOrder":200},{"sectionNumber":"14","sectionType":"section","heading":"Provisions relating to members and procedure of Biodiversity Conservation Advisory Panel (section 14.2)","content":"#### 14 Provisions relating to members and procedure of Biodiversity Conservation Advisory Panel (section 14.2)\n\n14.1 Provisions relating to members and procedure of Biodiversity Conservation Advisory Panel (section 14.2)\n\n> Schedule 2 contains provisions relating to the members and procedure of the Biodiversity Conservation Advisory Panel.","sortOrder":201},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n(clause 13.1)\n\nFor the purposes of section 13.5 of the Act—\n\n> (a) each offence specified in this Schedule is a penalty notice offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence, and\n\n> (c) an authorised officer under Part 12 of the Act may issue any such penalty notice.\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty—corporations | Penalty—individuals |\n| Offences under the Act |\n| Section 2.1 [in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |\n| Section 2.1 [in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |\n| Section 2.1 [in any other case] | $1,100 | $300 |\n| Section 2.2 [in the case of a plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)] | $16,500 | $3,300 |\n| Section 2.2 [in the case of a plant that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |\n| Section 2.2 [in any other case] | $1,100 | $300 |\n| Section 2.3 | $16,500 | $3,300 |\n| Section 2.4 | $16,500 | $3,300 |\n| Section 2.5 [in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |\n| Section 2.5 [in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community)] | $4,400 | $880 |\n| Section 2.5 [in any other case] | $1,100 | $300 |\n| Section 2.6 | $4,400 | $880 |\n| Section 2.14(4) [in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |\n| Section 2.14(4) [in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community)] | $4,400 | $880 |\n| Section 2.14(4) [in any other case] | $1,100 | $300 |\n| Section 5.18(6) | $16,500 | $3,300 |\n| Section 6.29(2) | $16,500 | $3,300 |\n| Section 11.5 | $16,500 | $3,300 |\n| Section 11.12 | $16,500 | $3,300 |\n| Section 11.22 | $6,600 | $1,320 |\n| Section 11.27 | $6,600 | $1,320 |\n| Section 11.36 [in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $6,600 | $1,320 |\n| Section 11.36 [in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |\n| Section 11.36 [in any other case] | $1,100 | $220 |\n| Section 12.22(1) | $6,600 | $1,320 |\n| Section 12.22(2) | $1,100 | $220 |\n| Section 12.22(3) | $16,500 | $3,300 |\n| Section 12.22(4) | $16,500 | $3,300 |\n| Section 12.22(5) | $16,500 | $3,300 |\n| Section 12.22(6) | $6,600 | $1,320 |\n| Section 13.10 | $16,500 | $3,300 |\n| Offences under this Regulation |\n| Clause 2.2 (Interfering with marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.3 (Approaching marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.4 (Operation of prohibited vessels approached by marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.5 (Operation of vessels that are not prohibited vessels) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.6 (Operation of aircraft in vicinity of marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.7 (Feeding marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.8 (Swimming with whales, dolphins or dugongs) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |\n| Clause 2.38 (Offences relating to registration, tagging and record keeping) | $1,100 | $300 |\n| Clause 2.39 (Prohibition on breeding native waterfowl with non-native waterfowl) | $1,100 | $220 |\n| Division 3.2 (Little Penguin declared area) | $1,100 | $500 |\n| Division 3.3 (Wollemi Pine declared area) | $1,100 | $500 |\n| Offences under Part 5A of Local Land Services Act 2013 |\n| Section 60N [in relation to land to which section 60K(9) applies] | $4,400 | $880 |\n| Section 60N [in any other case] | $15,000 | $5,000 |\n| Section 60X(1) | $1,100 | $220 |\n| Section 60ZC(6) | $15,000 | $3,300 |\n| Offences under Regulations under Part 5A of Local Land Services Act |\n| Clause 139 (Offence of contravening certain requirements of approvals or certificates) | $2,200 | $440 |\n| Offences under Part 5B of Local Land Services Act 2013 |\n| Section 60ZZA | $15,000 | $5,000 |\n| Offences under Part 5B of Forestry Act 2012 |\n| Section 69SA | $15,000 | $5,000 |\n\n**sch 1:** Am 2018 No 40, Sch 3.2.","sortOrder":204},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Biodiversity Conservation Advisory Panel","content":"# Schedule 2 Provisions relating to members and procedure of the Biodiversity Conservation Advisory Panel\n\nSchedule 2 Provisions relating to members and procedure of the Biodiversity Conservation Advisory Panel\n\n(clause 14.1)","sortOrder":205}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained focused on its original purpose of providing operational detail for the NSW biodiversity conservation and offsets framework. While it has been amended many times, the frequent updates appear to reflect refinements and adjustments to technical rules rather than any fundamental expansion or contraction of its core subject matter."},"complexity_factors":["Operates as subordinate legislation under the Biodiversity Conservation Act 2017, requiring understanding of both instruments together","The biodiversity offsets scheme involves complex technical and scientific calculations that are difficult for non-experts to navigate","Has been amended frequently — at least 17 versions since 2017 — meaning the current rules may differ significantly from earlier versions, creating compliance confusion","Affects multiple overlapping stakeholder groups (developers, landowners, ecologists, councils) each with different obligations","Intersects with other NSW planning laws, including the Environmental Planning and Assessment Act 1979, creating a web of cross-referencing requirements","Technical scientific terminology (e.g., species assessments, ecosystem credits, biodiversity values mapping) requires specialist knowledge to interpret","Scheduled automatic repeal in 2026 creates uncertainty for long-term planning and compliance"],"plain_english_summary":"## Biodiversity Conservation Regulation 2017 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a detailed set of rules made under a broader law called the *Biodiversity Conservation Act 2017*) that sets out the practical, day-to-day rules for protecting plants, animals, and ecosystems across New South Wales.\n\n**Who does it affect?**\nThis regulation touches a wide range of people, including:\n- **Landowners and farmers** who may need to assess the impact of development or land clearing on native species\n- **Developers and builders** who must follow biodiversity offset rules (meaning if you damage habitat in one place, you may need to fund its restoration elsewhere)\n- **Ecologists and consultants** who carry out biodiversity assessments for development applications\n- **Local councils** processing development approvals\n- **Conservation groups and the general public** with an interest in protecting native wildlife and plants\n\n**What does it actually do?**\nThe regulation fills in the fine print of NSW's biodiversity protection framework. This includes:\n- Setting out how biodiversity assessments (surveys to measure the impact on wildlife and plants) must be conducted\n- Explaining how the **biodiversity offsets scheme** works — a system where harm to nature in one spot must be 'offset' (compensated for) by conservation actions elsewhere\n- Specifying fees, timeframes, and technical requirements for licences and approvals\n- Defining rules around the **Biodiversity Conservation Trust** (a government body that manages conservation funding)\n- Setting out which activities are exempt from certain requirements\n\n**Why does it matter?**\nIf you want to develop land, clear native vegetation, or do anything that could affect threatened species or ecosystems in NSW, this regulation governs what hoops you'll need to jump through. Getting it wrong can mean fines, project delays, or having your approval refused.\n\n**Important note:** This regulation is scheduled to be **automatically repealed on 1 September 2026** under standard NSW rules for reviewing subordinate legislation (i.e., it will expire unless renewed or replaced)."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This regulation significantly expanded the scope of biodiversity regulation compared to the earlier regime under the Threatened Species Conservation Act 1995 and Native Vegetation Act 2003. It introduced a comprehensive biodiversity offsets scheme with tradable credits, new mechanisms like strategic offset delivery agreements, and detailed rules for private land conservation agreements. It also established new areas of outstanding biodiversity value (Little Penguin and Wollemi Pine) with bespoke restrictions. The regulation goes far beyond simply listing species and protecting animals; it creates a market-based offset system and permanent stewardship obligations, representing a major expansion of state oversight into private land management."},"complexity_factors":["Over 130 clauses across 14 Parts and 2 Schedules","Multiple defined terms with lengthy definitions (e.g., 'national park estate and other conservation areas' lists 10 categories)","Heavy cross-referencing to the principal Act and other legislation (e.g., Fisheries Management Act, National Parks and Wildlife Act)","Nested exceptions and defences (e.g., clause 2.3 has 7 subclauses plus sub-exceptions)","Detailed and conditional rules for biodiversity offsets (like-for-like requirements, variation rules, ancillary rules)","Complex fee indexing formula based on CPI","Multiple tiers of offences with variable penalties depending on species status","Lengthy schedules for penalty notice amounts and procedural rules for the advisory panel"],"plain_english_summary":"This regulation sets out the detailed rules for how the NSW *Biodiversity Conservation Act 2016* actually works in practice. It covers four main areas:\n\n- **Protection of animals and plants** – It creates specific offences for harming or disturbing protected animals and plants. For example, it strictly controls how close you can get to whales, dolphins, and dugongs by boat, aircraft, or while swimming. It also lists various defences for things like emergency rescues, pest control, or picking plants on private land.\n\n- **Special conservation areas** – It designates two 'areas of outstanding biodiversity value': the Little Penguin colony at North Harbour and the Wollemi Pine site. Both areas have special rules banning dogs, restricting boats, and limiting public access to protect these vulnerable species.\n\n- **Listing threatened species** – It provides the scientific criteria for deciding whether a species or ecological community should be listed as critically endangered, endangered, or vulnerable. The criteria look at things like population decline, restricted distribution, and extinction risk.\n\n- **Biodiversity offsets and stewardship** – It sets up the 'biodiversity offsets scheme' that requires developers to compensate for unavoidable harm to nature. Developers can buy 'biodiversity credits' from landowners who agree to protect and manage native vegetation permanently. The regulation explains how credits are created, traded, and retired, and how the fund that pays landowners is managed.\n\nThe regulation affects anyone who wants to clear native vegetation, develop land near important habitats, or interact with marine mammals. It also affects farmers and other landholders who may enter into stewardship agreements to earn payments for conservation work. The rules are technical and detailed, with many cross-references to the main Act and other laws."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation remains within its original scope of providing operational detail to the Biodiversity Conservation Act 2016. Amendments have added targeted provisions (e.g. cl 2.8A on cetacea breeding, cl 6.3A on strategic offset delivery agreements and cl 2.25A on bee keeping/grazing under forest permits) but have not expanded the instrument beyond supporting the Act's objects of conservation, offsets, private land agreements and public registers."},"complexity_factors":["47+ defined terms across multiple divisions plus heavy cross-referencing to the Biodiversity Conservation Act 2016, National Parks and Wildlife Act 1974, Fisheries Management Act 1994 and others","Nested conditional logic in marine mammal rules (cl 2.3) with 12+ distance thresholds, special protections for white whales or calves, and 5 exceptions","Multi-layered listing criteria in Part 4 with separate tests for species vs ecological communities, each containing 4-6 sub-conditions and interpretive rules in Division 4.3","Complex biodiversity offsets scheme in Part 6 with like-for-like rules (cl 6.3), variation rules (cl 6.4), ancillary rules, strategic offset delivery agreements (cl 6.3A), and separate rules for the Biodiversity Conservation Trust (cl 6.6)","18 separate defences and exclusions in Part 2 Division 2.2 plus additional defences in declared areas (cl 3.10, cl 3.16)","Detailed financial mechanics for the Biodiversity Stewardship Payments Fund (cl 6.14-6.25) including operational surplus/deficit calculations, fee units indexed to CPI, and multiple fee tiers"],"plain_english_summary":"**The Biodiversity Conservation Regulation 2017** supports New South Wales' main biodiversity law by spelling out practical rules to protect plants, animals, and important natural areas. It adds extra 'biodiversity values' (things like how well habitats connect for animals to move, or how clean water supports threatened species) that must be considered in decisions. It sets strict rules for interacting with marine mammals — for example, you must stay at least 100 metres from whales in a boat, 300 metres from whales on a jet ski, and 30 metres if swimming — with fines up to $16,500 for companies or $3,300 for individuals if you break them. Special no-go zones and rules protect Little Penguins at North Harbour and the rare Wollemi Pine in its declared area. The regulation explains exactly how scientists decide if a plant or animal is 'critically endangered', 'endangered', or 'vulnerable' using tests like population drop or tiny living area. It creates ways for landowners to sign voluntary conservation agreements, earn biodiversity credits they can sell, and get paid for ongoing management. For developers, it runs an offsets scheme: after trying to avoid harm, you must buy and retire matching credits, fund conservation actions, or (in some mining cases) rehabilitate land. Public registers track licences, agreements, credits, and who wants to buy or sell them. Defences exist for genuine emergencies, Aboriginal traditional use (with limits), or following approved codes. Overall it aims to make conservation clear and workable while imposing penalties, requiring licences for some activities, and balancing development with nature protection."}},"importantCases":[],"_links":{"self":"/api/acts/biodiversity-conservation-regulation-2017","history":"/api/acts/biodiversity-conservation-regulation-2017/history","analysis":"/api/acts/biodiversity-conservation-regulation-2017/analysis","conflicts":"/api/acts/biodiversity-conservation-regulation-2017/conflicts","importantCases":"/api/acts/biodiversity-conservation-regulation-2017/important-cases","documents":"/api/acts/biodiversity-conservation-regulation-2017/documents"}}