Land Management and Biodiversity Conservation Reforms

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1 Land Management and Biodiversity Conservation Reforms Tom Celebrezze Director Biodiversity, Sustainable Development and Coastal Policy NSW Office of Environment and Heritage 6 December 2017

2 Simplifying land management under LLS Act Biodiversity offsets scheme (BOS) Land management and biodiversity conservation (LMBC) reforms Biodiversity Conservation Act (BC Act) Local Land Services Amendment Act (LLSA Act) State Environmental Planning Policy (Vegetation SEPP) Private land conservation Native plants and animals

3 Biodiversity Conservation Act 2016 New laws commenced on 25 August 2017 The purpose of this Act is 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 Amendments to Environmental Planning and Assessment Regulation Savings and transitional arrangements Development applications Major projects Biodiversity certification

4 Assessment and approval framework Clearing under Part 4 EP&A Act Clearing under Part 5 EP&A Act Other clearing in rural zone (except RU5) outside Sydney Metro Other clearing in Sydney Metro OR urban zone OR E2, E3, E4, RU5 zone elsewhere Clearing (nonnative) in Sydney Metro OR urban, E2, E3, E4, RU5 zone elsewhere BC Act Biodiversity Offset Scheme applies where clearing likely to have a significant impact. BC Act May opt in to Biodiversity Offset Scheme if likely to have a significant impact. LLS Act Biodiversity Offset Scheme applies where clearing is not an allowable activity or authorised under a code. Vegetation SEPP Biodiversity Offset Scheme applies where clearing exceeds offset scheme threshold. May otherwise need permit from council under DCP. May need permit from council under a DCP.

5 Ecologically Sustainable Development Biodiversity Offset Scheme Avoid, minimise, offset hierarchy Serious and irreversible impacts Biodiversity Assessment Method (no net loss) Biodiversity certification (strategic) OEH Audit Program BAM datasets Accreditation scheme Compared to previous system: New Improved

6 Applies to development that is likely to have a significant impact on biodiversity including: Biodiversity offsets scheme Local development that exceeds offset scheme threshold or significant impact on threatened species State significant development & state significant infrastructure Impact threshold measured by: Size of the area to be cleared Impacts on sensitive biodiversity, including Areas of Outstanding Biodiversity Values

7 Impacts on biodiversity are measured using the Biodiversity Assessment Method (BAM) Scientific method Accredited assessors No net loss Consent authority considers environmental, economic and social factors

8 Biodiversity offsets scheme To meet an offset obligation, a developer can either: Retire offsets bought on the market or generated on their own land, or Pay into the new Biodiversity Conservation Fund (administered by the Biodiversity Conservation Trust) The offsets scheme also identifies impacts that can not be approved For local development, councils can not approve a proposal with a serious and irreversible impact

9 Part 4 and the Biodiversity Offsets Scheme

10 Set an offset obligation Approve use of variation rules Conditions of consent Proponent must demonstrate attempt to find like-for-like credits Approve use of biodiversity actions Proponent can request to fund a biodiversity action Include avoid, minimise, mitigation or management measures

11 Concurrence is required if the consent authority decides to reduce the credit requirement Concurrence The EP&A Regulation outlines timeframes for processing a concurrence application The consent authority must give reasons for its decision to increase or decrease a credit requirement

12 Proponents determine whether to make a referral to the Commonwealth Department of Environment Environment Protection & Biodiversity Conservation Act Controlled actions still require approval and potentially offsets under the EPBC Act BAM designed to simultaneously assess impacts on NSW and Commonwealth threatened species and ecological communities NSW is working with Commonwealth Govt to update the assessments bilateral agreement to recognise the BAM and offsets

13 New Vegetation SEPP (Non-Rural Vegetation) Applies to clearing that does not otherwise require development consent, on land in urban areas and on land in environmental zones Clearing that exceeds the BOS threshold needs a BAM assessment and approval by the Native Vegetation Panel Clearing that does not exceed the BOS threshold may require a permit from Council under your DCP Exemptions e.g. vegetation that poses a risk to life or property

14 Biodiversity certification

15 Land management framework Clearing in rural areas is managed by Local Land Services Native Vegetation Regulatory Map Allowable activities e.g. building fences Land Management Code New Native Vegetation Panel must approve clearing above the Code

16 NSW Biodiversity Conservation Trust

17 $240 million over five years for private land conservation

18 OEH is partnering with OLG to deliver a local government capacity building program Funding 8 regionally based support officers in the local government sector Supporting local government OLG employs a regional coordinator Regional support officers will provide information and deliver awareness sessions for staff and Councillors, in partnership with OLG and OEH. OEH is sponsoring training of local government staff, initially up to 3 places per Council

19 Supporting local government Available now OEH website, including FAQ algovernment.htm Biodiversity assessment and approvals decision support tool - Biodiversity values map and threshold tool and user manual Biodiversity assessment method and tool Serious and irreversible impacts guidance

20 Coming soon Test of significance guidelines Supporting local government Model conditions of consent Guidance for OEH concurrence decision List of experts for expert reports BAM checklists and templates

21 More information Biodiversity offset scheme LMBC Support Centre LMBC Support Hotline