What it does
The Biodiversity Conservation Act 2016 (NSW) (the Act) establishes a modern, integrated framework for the conservation of biodiversity in New South Wales. At its core, the Act seeks to maintain a healthy, productive and resilient environment for the greatest well-being of the community, now and into the future, consistent with the principles of ecologically sustainable development set out in s 6(2) of the Protection of the Environment Administration Act 1991 (s 1.3).
The Act operates through a hierarchy of measures. First, it identifies and lists threatened species (Sch 1), threatened ecological communities (Sch 2), extinct species, and key threatening processes (Sch 4). The Threatened Species Scientific Committee, established under Div 7 of Pt 4, is responsible for these listings using prescribed scientific criteria (ss 4.3–4.7). Once listed, species and communities receive protection under Pt 2, which prohibits harming animals (s 2.1), picking plants (s 2.2), damaging declared areas of outstanding biodiversity value (s 2.3), damaging habitat (s 2.4), and dealing in threatened or protected species (s 2.5). Defences are provided for acts authorised under other legislation, including planning approvals, native vegetation clearing codes, rural fires, and private land conservation agreements (s 2.8).
Part 3 allows the Minister to declare areas of outstanding biodiversity value following scientific recommendation, public consultation and advice from the Scientific Committee (ss 3.1–3.6). These declarations trigger heightened protection and potential conservation agreements.
Part 5 establishes the Biodiversity Conservation Investment Strategy to guide public and private investment (ss 5.1–5.4) and provides for three types of voluntary private land conservation agreements: biodiversity stewardship agreements (Div 2), conservation agreements (Div 3) and wildlife refuge agreements (Div 4). Biodiversity stewardship agreements are the cornerstone of the offsets scheme; they create biodiversity credits that can be sold to offset development impacts (s 5.6).