SUBMISSION GUIDE ECOLOGICALLY SUSTAINABLE DEVELOPMENT. May

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1 SUBMISSION GUIDE ECOLOGICALLY SUSTAINABLE DEVELOPMENT May

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3 CONTENTS Part 1: The new Biodiversity Offsets Scheme 5 What is the Biodiversity Offsets Scheme? 6 Step 1: The proponent determines if the Biodiversity Offsets Scheme applies to their development 7 Step 2: The proponent engages an accredited person to assess the development site using the BAM 8 Step 3: The approval authority considers any serious and irreversible impacts 8 Step 4: The approval authority sets an offset obligation 10 Step 5: The proponent meets their offset obligation and begins their development 10 Biodiversity certification 11 Securing offset sites using Stewardship Agreements 12 Part 2: Proposals for consultation in the draft Biodiversity Conservation Regulation and draft supporting products 13 Proposed area threshold 14 Sensitive Biodiversity Values Land Map 14 The Biodiversity Offsets Scheme Threshold in practice 14 Impacts on biodiversity values other than clearing of native vegetation 15 Impacts below the Biodiversity Offsets Scheme Threshold and test of significance 15 Serious and irreversible impacts 15 Offset Rules 16 Proposed principles for determining serious and irreversible impacts 16 Offset Rules for proponents 17 Biodiversity actions 20 Mine site rehabilitation 20 Offset Rules for biodiversity certification 21 Additional offset options for Strategic Biodiversity Certification 22 Offset Rules for the Biodiversity Conservation Trust 22 Like-for-like Offset Rules 23 Variation rules 23 Biodiversity certification 24 Scheme to accredit BAM assessors 24 Public registers for the Biodiversity Offsets Scheme 25 Offsets payment calculator 26 Transitional arrangements 27 Attachment 1: Example biodiversity actions 28 3

4 This document provides detailed information stakeholders may wish to consider when making a submission on exhibited products, tools and Regulations. Part 1 of this submissions guide outlines the new Biodiversity Offsets Scheme established under the Biodiversity Conservation Act 2016 (BC Act). This Act was passed by Parliament in late 2016, following public consultation. Part 2 of this submissions guide outlines the elements of the offsetting scheme that will be delivered by the draft Biodiversity Conservation Regulation 2017 (BC Regulation) and other supporting products which have been released for public consultation. We are seeking comments on the proposals in Part 2 as part of the current public exhibition. 4 SUBMISSION GUIDE: Ecologically Sustainable Development

5 PART 1: THE NEW BIODIVERSITY OFFSETS SCHEME The new Biodiversity Conservation Act 2016 (BC ACT) introduces a new Biodiversity Offsets Scheme, including an expanded biodiversity certification program and a new Biodiversity Conservation Trust. The Biodiversity Offsets Scheme will deliver a transparent, consistent and scientifically based approach to biodiversity assessment and offsetting in NSW, providing upfront certainty to proponents. Key elements of the new Biodiversity Offsets Scheme established under the BC Act, include: A new, scientifically robust method for biodiversity impact assessment called the Biodiversity Assessment Method (BAM). The BC Act allows the Minister for the Environment to establish the BAM. The draft BAM has been released for public consultation. Implementing the avoid, minimise, offset hierarchy. The BC Act establishes a framework to avoid, minimise and offset impacts on biodiversity. Applications for development or clearing approvals that require assessment under the Biodiversity Offsets Scheme must set out how the proponent proposes to avoid or minimise those impacts. Biodiversity stewardship agreements to secure offsets. A Biodiversity Stewardship Agreement (BSA) is a voluntary agreement between the Minister for the Environment and a landholder to permanently protect and manage an area of their land to improve its biodiversity values. Offset Rules that deliver biodiversity outcomes while providing reasonable flexibility for proponents. The BC Act allows the regulations to set rules to govern the type of biodiversity measures that can be used as an offset. The proposed rules are set out in the draft BC Regulation and are described in this guide.»» Serious and irreversible impacts. The Biodiversity Offsets Scheme recognises that there are some types of serious and irreversible impacts that the community expects will not occur except where these impacts are significantly outweighed by the social and economic benefits that development will deliver to the State. For example, the BC Act does not allow a consent authority to approve Part 4 development (that is not State Significant Development (SSD) or State Significant Infrastructure (SSI)) and clearing proposals that are likely to have a serious and irreversible impact on biodiversity values. The Minister for Planning is permitted to give consent to or approve SSD and SSI which is likely to have serious or irreversible impacts. The Minister must take those impacts into consideration, and determine whether there are any additional and appropriate measures that will minimise those impacts if consent or approval is to be granted. Similarly, serious and irreversible impacts are also a consideration for biodiversity certification applications and Part 5 activities where the proponent has chosen to opt-in to the Biodiversity Offsets Scheme. Proposed principles for identifying serious and irreversible impacts are set out in the draft BC Regulation. The Office of Environment and heritage (OEH) has prepared draft guidance to help identify serious and irreversible impacts. The guidance has been released for public consultation. 5

6 BAM accreditation scheme. The BC Act requires that BAM assessments be undertaken by assessors accredited to use the BAM. This will ensure assessments are robust and consistent. OEH has developed a draft scheme to accredit assessors. The scheme has been realised for public consultation. Biodiversity certification. The BC Act provides more opportunities for developers and planning authorities to strategically avoid and minimise impact on biodiversity values through biodiversity certification of land. Biodiversity certification encourages the assessment and protection of biodiversity values at the early stages of planning for land use change. The new biodiversity certification framework permits both landowners and planning authorities to apply for biodiversity certification, and also includes the new concept of strategic biodiversity certification which provides tools for landscape-scale conservation planning.»» Biodiversity Conservation Fund. The BC Act allows proponents to satisfy their offset requirement by paying into the Biodiversity Conservation Fund. The Biodiversity Conservation Trust will then source biodiversity offsets on the proponent s behalf. The amount of money to be paid into the fund is calculated using the Offsets Payment Calculator. A proposed pricing model for the calculator has been released for public consultation. What is the Biodiversity Offsets Scheme? The Biodiversity Offsets Scheme will simplify biodiversity assessment and improve biodiversity outcomes by creating consistent assessment requirements to measure the likely biodiversity loss of development proposals and gains in biodiversity value achieved at offset sites through active management. This submission guide outlines how the Biodiversity Offsets Scheme applies to development which requires consent under the Environmental Planning and Assessment Act 1979 (EP&A Act). The Biodiversity Offsets Scheme also applies to native vegetation clearing which requires approval by the Native Vegetation Panel under the Local Land Services Amendment Act 2016 (LLSA Act) and to clearing of native vegetation (that exceeds the Biodiversity Offsets Scheme Threshold) undertaken under the proposed State Environmental Planning Policy (Vegetation) 2017 (Vegetation SEPP). Further information is provided in the Land Management fact sheet and the Explanation of Intended Effect for the Vegetation SEPP. There are a range of different approaches currently used to assess biodiversity in NSW, including: the Framework for Biodiversity Assessment, the BioBanking Assessment Methodology, the Biodiversity Certification Assessment Method, the Environmental Outcomes Assessment Methodology, and the preparation of a Species Impact Statement (SIS) under the EP&A Act. The BAM will largely replace these existing assessment approaches. The process under the Biodiversity Offsets Scheme, set out in the BC Act, is described below. Figure 1 also shows this process for local developments. 6 SUBMISSION GUIDE: Ecologically Sustainable Development

7 Figure 1. Process under the Biodiversity Offsets Scheme for local development. These are development proposals approved under Part 4 of the EP&A Act (other than SSD and Exempt and Complying Development). Step 1: The proponent determines if the Biodiversity Offsets Scheme applies to their development The Biodiversity Offsets Scheme will apply to the following development and clearing proposals: Local development that will have impacts above the Biodiversity Offsets Scheme Threshold or is likely to significantly affect threatened species or ecological communities based on the assessment of significance in s7.3 of BC Act. Local developments are development proposals approved under Part 4 of the EP&A Act (other than SSD and Exempt and Complying Development). The proposed Biodiversity Offsets Scheme Threshold has been released for public consultation in the draft BC Regulation and is explained later in this guide. All SSD and SSI (approved under Part 5.1 of the EP&A Act ) unless the major project is not likely to have any significant impact on biodiversity values (as determined by Secretary of the Department of Planning and Environment (DPE) and the Chief Executive of the OEH). Clearing that does not require development consent in urban areas and environmental conservation zones (E2-E4 zones) regulated under the Vegetation SEPP. The Vegetation SEPP provides that clearing in urban areas and E2-E4 zones that exceeds the Biodiversity Offset Scheme Threshold must be approved by the Native Vegetation Panel (and is subject to the Biodiversity Offsets Scheme) if development consent is not required for the clearing. Further information is provided in the Statement of Intended Effect for the Vegetation SEPP. Agricultural clearing proposals that require approval by the Native Vegetation Panel under the LLSA Act. Agricultural clearing proposals are regulated under the LLSA Act. These proposals are required to apply the BAM and Biodiversity Offsets Scheme where clearing cannot be done as an allowable activity or under a code of practice. More detail on the LLSA framework is outlined in the Land Management submission guide.»» Biodiversity certification proposals. All biodiversity certification proposals are required to apply the BAM and Biodiversity Offsets Scheme. 7

8 In addition if the above proposals will impact on an area of outstanding biodiversity value (see the plants and animals fact sheet for more information) they must apply the BAM and the Biodiversity Offsets Scheme. Proponents of activities requiring assessment under Part 5 of the EP&A Act which are likely to significantly affect threatened species also have the option to voluntarily opt-in to the Biodiversity Offsets Scheme. This means that they will apply the BAM and the Biodiversity Offsets Scheme rather than preparing a species impact statement. Step 2: The proponent engages an accredited person to assess the development site using the BAM Where the Biodiversity Offsets Scheme applies to a development or clearing proposal the proponent must engage an accredited person to assess the biodiversity on the site using the BAM. OEH is responsible for accrediting assessors. The proposed accreditation scheme has been released for public consultation. Accredited assessors will be listed on a public register. The BAM is a metric-based tool that allows biodiversity impacts and biodiversity improvements to be assessed and quantified in terms of ecosystem credits and species credits, collectively known as biodiversity credits. The proposed BAM has been released for public consultation. how the proponent proposes to avoid and minimise impacts, any potential impact that could be characterised as serious and irreversible according to the principles set out in the draft BC Regulation, and the offset obligation required to offset the likely biodiversity impacts of the development or clearing proposal, expressed in biodiversity credits. The proponent must provide the BDAR to the approval authority as part of their development or clearing application. Step 3: The approval authority considers any serious and irreversible impacts The consent or approval authority must consider any potential serious and irreversible impacts identified in the BDAR. The consent or approval authority will determine whether there are serious and irreversible impacts by applying the principles in the draft BC Regulation and guidance provided by the Chief Executive of OEH. The draft BC Regulation, including the proposed principles, and draft guidance have been released for public consultation. If the approval authority determines that a development is likely to have a serious and irreversible impact on biodiversity values, they must follow the requirements set by the BC Act and LLSA Act for that type of development. These requirements are outlined in the Table 1. The BAM will provide: A consistent method for the assessment of biodiversity on a proposed development or clearing site guidance on how a proponent can avoid and minimise potential biodiversity impacts a scientific and repeatable calculation of the offset for biodiversity impacts (quantified as biodiversity credits) required to achieve a standard of no net loss of biodiversity. The assessor will document the results of the biodiversity assessment in a Biodiversity Development Assessment Report (BDAR). The BDAR will identify 8 SUBMISSION GUIDE: Ecologically Sustainable Development

9 Type of proposal Approval authority Role of the approval authority Local development (Part 4, non-state Significant Development or Infrastructure) SSD or SSI Part 5 activity (If the proponent decides to opt-in to the Biodiversity Offsets Scheme) Biodiversity certification Local Government Minister for Planning or delegate Public authority Minister for the Environment The approval authority cannot grant development consent The approval authority is required to: take the serious and irreversible impact (SAII) into consideration determine if there are any additional and appropriate measures that will minimise the impact if consent or approval is granted The approval authority is required to: take the SAII into consideration determine if there are any additional and appropriate measures that will minimise the impact if the activity is to be carried out or approved The approval authority is required to: take the SAII into consideration in determining the application determine if there are any additional and appropriate measures that will minimise the impacts Approval for clearing native vegetation under section 60ZF of the LLSA Act Native Vegetation Panel The approval authority cannot grant approval Clearing of native vegetation regulated under the Vegetation SEPP that requires approval by the Native Vegetation Panel because the clearing exceeds the Biodiversity Offsets Scheme thresholds and development consent is not otherwise required for the clearing Native Vegetation Panel The approval authority cannot grant approval 9

10 Step 4: The approval authority sets an offset obligation If the development is approved, the approval authority will set an offset obligation (in biodiversity credits) as a condition of consent or approval. The approval authority will have discretion to set a lower or higher offset obligation than that calculated by the BAM. When deciding the appropriate number of credits, the approval authority will consider the environmental, social and economic impacts of the proposal. For local development, if the approval authority proposes an offset obligation lower than that calculated by the BAM, it must publish reasons for this decision and seek concurrence from the Chief Executive of the OEH before the development consent can be granted with the varied offset obligation. In the application for development consent, clearing approval or biodiversity certification, the proponent may set out a proposal to meet their offset obligation by one of the measures set out in the Offset Rules in the draft BC Regulation. For example, if biodiversity credits of the type and number are not readily available after the proponent has followed defined reasonable steps, the proponent may seek approval to meet their offset obligation by purchasing and retiring similar offset credits, in accordance with the Offset Rules. The approval authority can approve this variation through conditions of consent. Step 5: The proponent meets their offset obligation and begins their development The proponent must meet their offset obligation before the biodiversity impact occurs. If the biodiversity impacts will occur in stages, the approval authority can allow for staged offsets (the offset obligation for each stage must be met before that stage can commence). The BC Act allows proponents to meet their offset obligation by: Retiring biodiversity credits. Proponents can purchase and retire credits from the market, or they can establish a Biodiversity Stewardship Agreement on their own land and retire the credits generated. The Offset Rules (set out in the draft BC Regulation) will govern how the credits must match the biodiversity impacted. The Offset Rules have been released for public consultation. Making a payment to the Biodiversity Conservation Fund. The amount to be paid into the fund will be calculated using the Offsets Payment Calculator. A proposed pricing model for the calculator has been released for public consultation. The Biodiversity Conservation Trust is then responsible for sourcing the biodiversity offsets, in line with the Offset Rules. Once the proponent makes payment, they have met their offset obligation.»» Funding biodiversity actions. Proponents can fund a biodiversity action to meet an offset obligation where allowed by the Offset Rules in the draft BC Regulation. It is proposed in the draft BC Regulation that the BAM will list the biodiversity actions that can be funded by a proponent. The biodiversity action must be approved by the consent authority in the conditions of consent. 10 SUBMISSION GUIDE: Ecologically Sustainable Development

11 Biodiversity certification By biodiversity certifying land, biodiversity impacts are addressed during the early planning of land use change. This provides certainty to developers and the community about the development potential and conservation outcomes for the area. Biodiversity certification has potential to achieve better environmental outcomes than site-by-site assessment. Careful design of the development footprint up-front can help avoid impacts and protect areas of biodiversity value. The BC Act requires that biodiversity impacts of biodiversity certification proposals are assessed using the BAM. This will improve the consistency of biodiversity outcomes within the planning system. The BC Act expands and improves the existing approach for biodiversity certification. The Minister for the Environment continues to have responsibility for approving biodiversity certification applications. The Minister will consider the BAM assessment and the adequacy of the proposed conservation measures when deciding whether to certify land. Once an area is certified further biodiversity assessment will not be required at the development application stage. Expanding who can seek biodiversity certification The new legislation means biodiversity certification will be available in both urban and rural settings and to all scales of development. The BC Act allows a broader range of proposals access to biodiversity certification compared to the existing system. For the first time the ability to apply for biodiversity certification is extended beyond planning authorities to include individuals. Encouraging strategic biodiversity certification A new category of strategic biodiversity certification has been created in the BC Act. Strategic biodiversity certification enables planning authorities to better integrate biodiversity planning with significant regional development and planning processes. This will deliver better conservation outcomes by addressing cumulative environmental impacts at a landscape or regional scale, rather than on a site-bysite basis. Strategic biodiversity certifications allows access to a broader range of measures to maximise sustainable conservation and development outcomes. Strategic biodiversity certification will deliver more certain, cost effective regional planning outcomes for developers, consent authorities and the community. The Minister for the Environment is responsible for declaring proposals to be strategic. The draft BC Regulation sets out criteria that the Environment Minister must consider when declaring a proposal to be strategic. Offsetting under biodiversity certification The BC Act provides for biodiversity certification proposals to offset their biodiversity impacts by retiring biodiversity credits. The proposed Offset Rules in the draft BC regulation set out how these credit must be matched to the biodiversity impacted. The BC Act also sets out the following additional conservation measures that can be used to meet an offset obligation under a strategic biodiversity certification: reservation of land under the National Parks and Wildlife Act 1974 (NPW Act) adoption of development controls that conserve or enhance the environment under the EP&A Act»» any other measure that the Minister for the Environment determines to be a conservation measure. 11

12 Securing offset sites using Stewardship Agreements The BC Act requires that all offset sites be secured using Biodiversity Stewardship Agreements (BSAs). A BSA is a voluntary agreement between the Minister for the Environment and a landholder to permanently protect and manage an area of land to improve its biodiversity values. The stewardship site will generate biodiversity credits, which represent the expected improvement in biodiversity that will result from protection and management of the site. The biodiversity credits will be calculated using the BAM. The BAM assessment must be undertaken by an accredited assessor. The credits can be retired to offset biodiversity impacts from development. The landholder may choose to retire the credits to offset their own development or they may choose to sell the credits on the credit market. Potential credit buyers could include developers, the Biodiversity Conservation Trust or other government or philanthropic organisations that want to buy credits for conservation. The sale of credits generates funds for the ongoing management of the site and a return to the landholder. More information is provided in the Private Land Conservation submission guide. 12 SUBMISSION GUIDE: Ecologically Sustainable Development

13 PART 2: PROPOSALS FOR CONSULTATION IN THE DRAFT BIODIVERSITY CONSERVATION REGULATION AND DRAFT SUPPORTING PRODUCTS The Biodiversity Offsets Scheme is established by the BC Act. The legislative framework is provided for context in Part 1 of this guide. Operational arrangements and key details to support delivery of the Biodiversity Offsets Scheme will be set out in the draft BC Regulation. The draft BC Regulation has been released for public consultation. In addition to the Regulation, a range of statutory products that support the Biodiversity Offsets Scheme have also been released for consultation including: the BAM serious and irreversible impacts guidance a proposed pricing model for the offsets payment calculator a scheme for accrediting assessors to apply the BAM. Key proposals in the Regulation and these supporting products are explained below. You can have your say on the proposals outlined in Part 2 of this guide by making a submission during the exhibition period. Biodiversity Offsets Scheme Threshold The Biodiversity Offsets Scheme Threshold is a simple, objective, risk-based test used to determine when the BAM and the Biodiversity Offsets Scheme apply. It is relevant to local developments (Part 4, non-ssd/ssi under the EP&A Act), and clearing that does not require development consent in urban areas and in E2-E4 zones (under the Vegetation SEPP). The Biodiversity Offsets Scheme does not apply to exempt or complying development (this is set out in the BC Act). There are two elements to the Biodiversity Offsets Scheme Threshold an area trigger and a Sensitive Biodiversity Values Land Map trigger. These are set out in the draft BC Regulation and explained below. If clearing exceeds either trigger, the Biodiversity Offsets Scheme applies to the proposed clearing. 13

14 Proposed area threshold The draft BC Regulation sets out an area of potential clearing above which the Biodiversity Offsets Scheme apply. The threshold areas vary depending on the minimum lot size (shown in the Lot Size Maps made under the relevant Local Environmental Plan (LEP)), or actual lot size (where there is no minimum lot size provided for the relevant land under the LEP). The area threshold applies to all proposed native vegetation clearing associated with an development proposal for example in the case of a subdivision all future clearing across the lots subject to the subdivision must be considered. Minimum lot size associated with the property Threshold for clearing, above which the BAM and offsets scheme apply 0.25 ha or more Less than 1 ha 1 ha to less than 40 ha 0.5 ha or more 40 ha to less than 1000 ha 1 ha or more 1000 ha or more 2 ha or more Sensitive Biodiversity Values Land Map The Chief Executive of OEH will publish a Sensitive Biodiversity Values Land Map that identifies land with high biodiversity value. All clearing of native vegetation on land identified on the Sensitive Biodiversity Values Land Map is subject to the Biodiversity Offsets Scheme. The draft BC Regulation lists the following types of land with high biodiversity value that may be included in the Map: Land where littoral rainforests and coastal wetlands referred to the Coastal Management Act/SEPP 14 and SEPP 26 are present Land that comprises important koala habitat identified under SEPP 44 (Koala Habitat Protection) Ramsar wetlands Land that contains endangered ecological communities and threatened species that are most at risk of extinction from potential development Protected riparian land High conservation value grasslands Site-managed Saving our Species projects Land declared as an Areas of Outstanding Biodiversity Value under the BC Act Land identified by Local Government Authorities (and approved by the Minister for the Environment) that contains connectivity features or threatened species habitat which support the object of the BC Act to conserve biodiversity at bioregional and state scales. A draft Sensitive Biodiversity Values Land Map has been included with the exhibition products. The Biodiversity Offsets Scheme Threshold in practice OEH is developing an online tool that will assist developers and consent authorities to determine whether proposed clearing will exceed the Biodiversity Offsets Scheme Threshold by overlaying proposed clearing on maps that will identify areas that are included in the Sensitive Biodiversity Values Land Map and other extant native vegetation. The tool will assist non-experts to identify whether the Biodiversity Offsets Scheme applies to the proposed clearing, and generate a report that can be supplied with the development application. 14 SUBMISSION GUIDE: Ecologically Sustainable Development

15 Impacts on biodiversity values other than clearing of native vegetation Although clearing of native vegetation is the most significant cause of biodiversity loss in NSW, biodiversity values are also impacted by processes such as turbine strike, noise and disruption, and vehicle strike. To assess these impacts the BC Act has retained the test of significance that was formerly included in the EP&A Act. Proponents will be required to carry out a test of significance for all development proposals that do not exceed the Biodiversity Offsets Scheme Threshold, to determine whether impacts other than those associated with clearing of native vegetation will have a significant impact on biodiversity (in particular, threatened species). If the test of significance assessment indicates that there will be a significant impact the proponent must carry out a BAM assessment in relation to the identified impacts. Special modules of the BAM will be developed to assess these types of impacts, even though these impacts cannot be presently measured in biodiversity offset credits. The outcomes of the assessment will be included in the BDAR and must be provided to the consent authority. The BDAR will provide consent authorities with consistent and scientifically robust information about non-clearing impacts. The consent authority must consider the information in the BDAR when deciding whether to approve the development proposal and any appropriate conditions to mitigate the identified impacts. Impacts below the Biodiversity Offsets Scheme Threshold and test of significance The environmental impact of development proposals that do not exceed the Biodiversity Offsets Scheme Threshold and will not otherwise have a significant impact on biodiversity values as assessed by the test of significance will continue to be assessed under s79c of the EP&A Act. In addition, the Vegetation SEPP will make clearing of native vegetation in urban areas and E2-E4 zones that does not require development consent subject to the Biodiversity Offsets Scheme if it exceeds the Biodiversity Offsets Scheme Threshold. Clearing of land in urban area and E2-E4 zones that does not exceed the Biodiversity Offsets Scheme Threshold will continue to be regulated by Councils under Development Control Plans pursuant to provisions in the Vegetation SEPP similar to clause 5.9 of the Standard Instrument Local Environmental Plan. Serious and irreversible impacts The concept of serious and irreversible impacts is fundamentally about protecting threatened entities that are most at risk of extinction from potential development. Accredited assessors will qualitatively and quantitatively assess the biodiversity impacts of a development or clearing proposal using the BAM. As discussed in Part 1 of the guide, information about these biodiversity impacts will be included in the BDAR, and the approval authority must consider whether any impact is serious and irreversible having regard to the principles included in the draft BC Regulation, as well as guidance and lists prepared by the Chief Executive of OEH. The proposed principles for determining serious and irreversible impacts are set out below. Draft guidance, criteria and lists of potential serious and irreversible impacts, to be made by the Chief Executive of OEH, has been released for public consultation. 15

16 Proposed principles for determining serious and irreversible impacts Serious and irreversible impacts:» will cause a further decline of a species or ecological community that is currently observed, estimated, inferred or reasonably suspected to be in a rapid rate of decline, or» will further reduce the population of a species or ecological community that is currently observed, estimated, inferred, or reasonably suspected to have a very small population size, or Offset Rules The Offset Rules will govern the types of offsets that can be used to meet an offset obligation under the Biodiversity Offsets Scheme. The Offset Rules will be established through the draft BC Regulation. The Chief Executive of OEH will publish ancillary rules which will set out additional detail to support interpretation and application of the Offset Rules. Additional requirements can also be set in the BAM, as discussed below. The proposed Offset Rules are summarised here and in Tables 2 and 3. The proposed Offset Rules aim to deliver good biodiversity conservation outcomes, whilst ensuring flexibility for proponents by providing a reasonable range of options to meet their offset obligation.» are impacts on the habitat of a species or area of ecological community that is currently observed, estimated, inferred or reasonably suspected to have a very limited geographic distribution, or» are impacts on a species or ecological community is unlikely to respond to measures to improve habitat and vegetation integrity and is therefore irreplaceable. 16 SUBMISSION GUIDE: Ecologically Sustainable Development

17 Offset Rules for proponents The proposed Offset Rules permit proponents to meet their offset obligation by: retiring credits based on the like-for-like rules (outlined later in this guide) or funding a biodiversity action that benefits the threaten entity impacted by the development and is listed in the BAM or committing to deliver mine site rehabilitation that creates the same ecological community or threatened species habitat (available for major mining projects only) or making a payment to the Biodiversity Conservation Fund calculated using the offset payments calculator (this option is provided through the BC Act). If a proponent is not able to find like-for-like credits and chooses not to use the other offset options, they can vary their offset obligation credit type by applying the variation rules. The variation rules provide the proponent with a broader range of biodiversity from which to source credits, and are explained later in this guide. Use of the variation rules must be approved by the consent authority in conditions of consent. Before applying the variation rules, the proponent must demonstrate to the consent authority that they have followed specific reasonable steps to find likefor-like credits. The reasonable steps will be set out in the ancillary rules to be published by the Chief Executive of OEH. It is proposed that the required reasonable steps will be: checking the credit register for the required credits contacting landholders on the landholder expression of interest register who have relevant biodiversity on their property lodging an expression of interest on the credits wanted register. For some threatened entities, it is not appropriate that the offset credit type can be varied. As part of the ancillary rules, the Chief Executive of OEH will publish a list of entities where proponents will not be allowed to apply the variation rules. It is proposed that all critically endangered entities will be included on this list. The like-for-like rules and the variation rules are explained in the following Tables. 17

18 Table 2: Proposed Offset Rules Offset Rules for proponents Critically endangered entities Threatened entities and their habitats (not critically endangered) Retire like-for-like credits or Fund a biodiversity action that is listed in the BAM and will benefit the entity impacted or Commit to mine site rehabilitation to create the same ecological community or threatened species habitat (for major mining projects only) or Make a payment to the Biodiversity Conservation Fund Variation rules cannot be used by proponents for critically endangered entities If like-for-like credits can t be found after reasonable steps: Retire credits under the variation rules Offset Rules for Biodiversity Conservation Trust All threatened entities and their habitats 1) Retire like-for-like credits or fund a biodiversity action that is listed in the BAM and will benefit the entity impacted 2) Retire credits under the variation rules 3) Fund a biodiversity action that benefits the entity impacted (but the action is not listed in the BAM) 4) Retire credits under the variation rules from anywhere in NSW (i.e. remove location restriction) Offset Rules for biodiversity certification Critically endangered entities Threatened entities and their habitats (not critically endangered) Retire like-for-like credits or Make a payment to the Biodiversity Conservation Fund or For strategic biodiversity certification only: secure land with like-for-like values using additional offset options identified in the BC Act or any other conservation measure declared by the Environment Minister Variation rules cannot be used by proponents for critically endangered entities If like-for-like credits can t be found after reasonable steps: Retire credits under the variation rules 18 SUBMISSION GUIDE: Ecologically Sustainable Development

19 Table 3: Proposed like-for-like and variation rules Ecosystem credits Threatened ecological communities Like-for-like rules the same threatened community and hollow bearing trees must be offset with hollow bearing trees and within the same IBRA subregion, or an adjacent IBRA subregion, or an IBRA subregion within 100km of the impact site Vegetation providing threatened species habitat the same vegetation class (i.e. similar types of vegetation) and the same or higher offset trading group 1 and hollow bearing trees must be offset with hollow bearing trees and within the same IBRA subregion, or an adjacent IBRA subregion, or an IBRA subregion within 100km of the impact site Variation rules the same vegetation formation, and the same or higher offset trading group, and hollow bearing trees must be offset with hollow bearing trees or artificial hollows, and within the same IBRA region or an IBRA subregion within 100km of the impact site 2 Species credits Threatened species habitat Like-for-like rules the same threatened species anywhere in NSW Variation rules flora for flora, fauna for fauna and the same or higher threatened species listing status and within the same IBRA subregion, or an adjacent IBRA subregion, or an IBRA subregion within 100km of the impact site 1 The offset trading group will be defined in the BAM and will be based on the percent cleared of the vegetation type or, where relevant, association with a threatened ecological community (as set out in the NSW Vegetation Information System database). 2 In some cases a development might occur near the edge of an IBRA region, which means some potential offset site may be quite close to the development site but located in a different IBRA region. To address this the rules propose an additional option to allow the offset site to be in any IBRA subregion within 100km of the development site, even if that IBRA subregion is in a different IBRA region. 19

20 Biodiversity actions Under the proposed Offset Rules offset obligations can be met by funding a biodiversity action rather than retiring a biodiversity credit. The proposed Offset Rules require that the biodiversity action benefits the entity that is impacted and is listed in the BAM. Government is also considering whether the biodiversity actions should be listed by the Chief Executive of OEH as part of the ancillary rules. This would allow the list to be more easily updated over time. We are interested to hear your views on these two options. It is intended that actions identified in the BAM (or potentially in the ancillary rules) will have equal or more benefit to the threatened entity compared to securing an offset site. The listed biodiversity actions will focus on threatened entities where: our limited understanding of its ecology, threats or management requirements make it difficult to effectively manage at an offset site, or the known distribution of the species is limited, and research to find more locations where the species is present will be beneficial. An example list of biodiversity actions is provided at the end of this submissions guide. It has not been included in the draft BAM released for public consultation. To be eligible, biodiversity actions must be for new actions where funding has not already been committed. The amount to be spent on the biodiversity action will be calculated using the offsets payment calculator. This will ensure that using a biodiversity action to meet an offset obligation is financially equivalent to retiring a credit. Mine site rehabilitation The proposed Offset Rules allow proponents of major mining projects to meet some of their offset obligation by committing to undertake ecological rehabilitation on their mine site (over and above the existing legislative standard to create a safe and stable environment). Allowing mine site rehabilitation to contribute to meeting an offset obligation will incentivise mining proponents to commit to a high standard of rehabilitation and develop innovative restoration technologies that could have genuine biodiversity value. The method to calculate the credit value of mine site rehabilitation will recognise the uncertainty of these outcomes by calculating a lower credit value compared to an offset site with established vegetation. The draft BC Regulation proposes that the credit value of the mine site rehabilitation will be calculated using the BAM. Alternatively this method could be separately published by the Chief Executive of OEH as part of the ancillary rules. Government is considering where this method should be set out. We are interested to hear your views on these two options. The BAM or ancillary rules will also set out requirements that apply if mine site ecological rehabilitation is to be used as an offset, such as the required standards for the rehabilitation. A high level description of the proposed standards for mine site rehabilitation is set out below for early public feedback. Targeted consultation with interested stakeholder groups will also be undertaken when finalising these requirements. Funding provided by proponents who meet their offset obligation using biodiversity actions will be in addition to, and will complement, government funding for threatened species conservation. 20 SUBMISSION GUIDE: Ecologically Sustainable Development

21 To qualify as an offset, it is proposed that rehabilitation must create recognisable and selfsustaining ecosystems that are like-for-like to the impacted biodiversity (as set out in the table below). Impact An endangered ecological community is impacted Native vegetation providing threatened species habitat is impacted Threatened species habitat is impacted. Hollow bearing trees are impacted Rehabilitation requirements The same endangered ecological community must be rehabilitated The same, or a very similar, plant community type must be rehabilitated (i.e. in the same vegetation class and the same or higher offset trading group to the vegetation impacted) Habitat for the same threatened species must rehabilitated Artificial hollows must be installed and maintained on the rehabilitation site Offset Rules for biodiversity certification The proposed Offset Rules provide the following options for a biodiversity certification applicant to meet an offset obligation: retire credits based on the like-for-like rules (as described later in this guide) or make a payment to the Biodiversity Conservation Fund (as set out in the BC Act). The draft BC Regulation permits biodiversity certification applicants to access a broader set of biodiversity credits under the variation rules if they are not able to find like-for-like biodiversity credits after following specific reasonable steps (as proposed above and to be defined in the ancillary rules to be published by the OEH Chief Executive). The BC Act allows for additional offset options for biodiversity certifications to be allowed through the Regulation. However, no additional options have been proposed in the draft BC Regulation. These proposed requirements are significantly higher than the current legislative standard for mine site rehabilitation (under the Mining Act 1992) requiring that the site is rehabilitated to a safe and stable environment. This existing legislative standard does not require the mine site rehabilitation to have any biodiversity value. The rehabilitation commitment will be set out in the conditions of consent for the development and regulated as part of the mining lease under the NSW Mining Act

22 Additional offset options for Strategic Biodiversity Certification In addition to the above offset options, the BC Act allows the Minister for the Environment to approve the reservation of land under the NPW Act, development controls under the EP&A Act and other measures to form the package of conservation measures that support a Strategic Biodiversity Certification. No Offset Rules have been proposed for these additional conservation measures for strategic biodiversity certification in the Regulation. The BAM may set additional requirements for reservation of land and use of development controls. However, it is intended that the Minister will have discretion to identify any other appropriate conservation measures. Offset Rules for the Biodiversity Conservation Trust The draft BC Regulation proposes a hierarchy of offset options for the Biodiversity Conservation Trust (the Trust), as summarised here, with option 1 having the most biodiversity benefit. If the Trust decides to move down through the hierarchy of options the draft BC Regulation requires that they justify this decision in their annual report. The proposed hierarchy of options are: 1. retire credits under the like-for-like rules or fund a biodiversity action that benefits the entity impacted (and is listed in the BAM) 2. retire credits under the variation rules (noting the variation rules can be applied to all threatened entities, unlike the proposal for proponents where OEH identifies certain entities for which the variation rules cannot be applied) 3. fund a biodiversity action that benefits the entity impacted but this action does not need to be listed in the BAM 4. retire credits under the variation rules but these credits can be generated from anywhere in the State i.e. the location requirement in the variation rules does not apply. This hierarchy of options has been proposed to guide the Trust toward seeking offsets that will provide the most benefits to biodiversity. Some additional flexibility is provided to the Trust, compared to proponents, to ensure Trust can meet its offset obligations. 22 SUBMISSION GUIDE: Ecologically Sustainable Development

23 Like-for-like Offset Rules The like-for-like rules seek to ensure biodiversity impacts are offset with biodiversity that is very similar to the biodiversity that is being impacted. The like-for-like rules proposed in the draft BC Regulation require that: impacts on native vegetation must be offset with vegetation that is in the same local area as the impact (based on near or adjacent IBRA subregions) 3 and: if a threatened ecological community was impacted, the offset must be for the same threatened ecological community, or if native vegetation providing threatened species habitat was impacted, the offset must be vegetation that is the same vegetation class and in the same or higher offset trading group 4 In addition, if the impacted vegetation contained hollow bearing trees then the offset site must also contain hollow bearing trees. impacts on threatened species (that are not associated with a particular type of vegetation) must be offset with the same threatened species. This offset can be located anywhere in NSW. Variation rules The draft BC Regulation proposes variation rules to provide flexibility by allowing offsetting with a broader suite of biodiversity but that has the same threat status or is more threatened than the biodiversity impacted. Proponents will not be able to use the variation rules to offset critically endangered entities (however the Biodiversity Conservation Trust will). The proposed variation rules require that: impacts on native vegetation must be offset with vegetation that is in the same region as the impact (based on the IBRA region and the IBRA subregions that nearby 5 ) and: are in the same vegetation formation and is in the same or higher offset trading group in addition, if the impacted vegetation contained hollow bearing trees then the offset site must also contain hollow bearing trees or artificial hollows. impacts on threatened species (that are not associated with a particular type of vegetation) must be offset with threatened species in the same local area as the impact (based on near or adjacent IBRA subregions) and: impacts on threatened plants must be offset with a threatened plant that is the same or more threatened under the BC Act impacts on threatened animals must be offset with a threatened animal that is the same or more threatened under the BC Act. 3 IBRA subregions are identified under the Interim Biogeographic Regionalisation for Australia (IBRA) system, which divides Australia into bioregions and subregions on the basis of their dominant landscape-scale attributes. 4 Offset trading groups will be based on how extensively a vegetation type has been cleared and on associations with a threatened ecological community in the NSW Vegetation Information System. 5 This includes the IBRA region where the impact occurs and any IBRA subregion that is within 100km of the impact site. 23

24 Biodiversity certification Criteria for Strategic Biodiversity Certification The BC Act provides for the Minister for the Environment to identify some biodiversity certification proposals as strategic. These strategic proposals have access to a broader range of offset options than standard biodiversity certification. The draft BC Regulation requires the Minister for the Environment to consider the following criteria when determining whether a biodiversity certification proposal is strategic : size of the area or areas of land proposed to be biodiversity certified applicable strategic plan/s for the region and district within which the land proposed to be certified is located advice provided by the Minister for Planning regarding the proposal environmental, social and/or economic outcomes the proposal could facilitate. Consultation with Councils on applications for biodiversity certification It is important that Councils are aware of biodiversity certification applications, because biodiversity certification is likely to have implications for many important planning functions that Councils deliver on a day-to-day basis. The draft BC Regulation requires applicants for biodiversity certification to consult with the relevant Council when preparing their application. This will provide Councils the opportunity to provide input to a biodiversity certification proposal and ensure that the proposal aligns with local, district and regional planning goals. The draft BC Regulation requires applicants to give the relevant Council notice of the biodiversity certification application at least 42 calendar days before submitting the application to the Minister for the Environment. The notice should include a copy of the biodiversity certification application. Any submissions from the Council should be given to the Minister for the Environment, along with any response from the applicant, when the biodiversity certification application is submitted. Scheme to accredit BAM assessors Under the BC Act, the Minister for the Environment is responsible for adopting the scheme to accredit assessors to apply the BAM. OEH is responsible for accrediting assessors under the scheme. The guiding framework for the accreditation scheme is set out in the draft BC Regulation and the draft scheme arrangements document which has been released for public consultation. The new accreditation scheme is designed to ensure that the BAM will be applied by people with the appropriate ecological skills and knowledge as well as a demonstrated understanding of the method. The scheme is based on the existing Biobanking Assessor accreditation scheme, but has been adapted to deliver on the expanded scope of offsetting under the reforms. To be eligible for accreditation, an assessor must be a fit and proper person, must have successfully completed BAM training, and have the appropriate knowledge, skills and experience (such as academic qualification and/or relevant work experience). The criteria for determining a fit and proper person are not currently defined in the scheme arrangements. It is intended that criteria will be developed following exhibition. We are interested to hear your views on appropriate criteria. Importantly, accredited assessors will be required to adopt a code of conduct, which will be published by OEH. The code of conduct will be based on the existing Biobanking Assessor code of conduct and will include a commitment to professional operating standards and operating with integrity. Accredited assessors will be required to complete a continuing professional development log to demonstrate their continued engagement with the BAM and maintenance of technical skills. This will help to ensure a high standard of work is maintained. As part of the accreditation scheme OEH can carry out audits of biodiversity assessment reports and review the application of the BAM by accredited assessors. OEH can also vary, cancel or suspend accreditation. This will help ensure that assessments comply with the BAM. For example, OEH might cancel or suspend accreditation where an audit establishes a failure to comply with the requirements of the BC Act, the draft BC Regulation, or the BAM. 24 SUBMISSION GUIDE: Ecologically Sustainable Development

25 How to become an accredited assessor People that are not currently accredited will need to submit an application demonstrating how they meet the eligibility criteria, and they will need to successfully complete the BAM training course. Existing assessors can transition to the new scheme via different pathways, based on demonstrated experience. They will not automatically be accredited as BAM Assessors under the BC Act. OEH will contact each assessor individually regarding the transition pathway they will need to follow. Training will also be available for participants in the Biodiversity Offsets Scheme who are not seeking accreditation, but wish to build their capability and understanding. For example, local government officers, employees of the Biodiversity Conservation Trust, conservation brokers, and landholders may be interested in this training. People who are interested in becoming accredited or in undertaking training to help their participation in the Biodiversity Offsets Scheme should register their interest. We will advise you when the training courses are being offered and when applications for accreditation open. Proposed accreditation application and renewal fees are set out in the scheme arrangements, which has been released for public consultation. Public registers for the Biodiversity Offsets Scheme The BC Act requires OEH to keep a public register of biodiversity credits and sets out a number of details that the register will include (e.g. identification of the agreements that created the credits, the credit holders, and details of credit transactions). The register will be similar to the existing Biobanking credit register. The draft BC Regulation proposes that the register includes a number of additional details to help OEH and the community track credits and understand the credit market. These additional details include information about credit holders, locations of the sites that created the credits, and further details about credit transactions. The draft BC Regulation also requires that the development consent associated with the retirement of credits be recorded to help Councils monitor compliance with consent conditions. The draft BC Regulation also proposes to establish two new public registers to support the operation of the credit market. The aim of these registers is to help connect credit buyers with possible credit sellers. Biodiversity credits wanted register allows people to advertise that they are seeking to purchase credits. Stewardship site expression of interest register is for landholders to advertise that they are looking to set up a biodiversity stewardship agreement. This helps landholders to connect with potential buyers for their credits. Administrative versions of these registers already exist as part of the current Offsets Policy for Major Projects which applies to SSD and SSI. 25

26 Offsets payment calculator As required by the BC Act, the offsets payment calculator will be used to work out how much a proponent must pay into the Biodiversity Conservation Fund (the Fund) to meet an offset obligation. The primary aim of the calculator is to provide a price that accurately predicts the costs that the Trust will incur in securing each type of biodiversity credit as an offset. This will be the price proponents must pay when choosing to pay into the Fund to meet their offset obligation. A draft Offsets Payment Calculator and draft User Guide have been released for public consultation. This builds on the preliminary model released in 2016 and is informed by feedback from stakeholders. The calculator will identify three types of costs that the Trust will incur when securing offsets. These are the purchase cost of the biodiversity credit, administration costs and the cost of risk. 1. Estimated credit purchase cost The draft calculator uses a statistical method called a panel data model to predict future credit purchase costs using information about previous trades. For ecosystem credits that have been traded, the model predicts the credit purchase cost based on the trading history for that credit. For ecosystem credits that have not been traded, the model predicts the credit purchase cost based on trades that have occurred in the relevant IBRA subregion. The expected credit purchase cost may change over time as more trades occur. The approach to predicting the estimated credit purchase cost of species credits continues to be refined. 2. Fund administration expenses Fund administration expenses include fixed and variable costs. The fixed costs of managing the fund each year may include salaries, office accommodation, updating the calculator, information technology systems, data management and insurance. Variable costs associated with searching for and securing credits may include the cost of advertising, desktop reviews, initial site assessments, negotiations with landholders and establishment of Stewardship Agreements. 3. Risk loading The risk loading will mitigate against the risk that the price set by the calculator is not enough to meet the actual costs incurred by the Trust. This is important because information on the market is incomplete. This risk will be greatest in the Fund s first few years of operation when trade data is limited and the market is changing. 26 SUBMISSION GUIDE: Ecologically Sustainable Development

27 Transitional arrangements Savings and transitional arrangements are proposed to ensure a smooth transition to the Biodiversity Offsets Scheme. They are set out below for public consultation. These arrangements will be implemented through legislative changes. The draft legislative provisions are not being exhibited. Development applications If a development application has already been submitted when the BC Act commences, the development can be considered by the consent authority under the legislation as it was before the BC Act commenced (the old legislation). No new assessments under the BC Act will be required. If a development application has not been submitted, but a consent authority has already issued assessment requirements for a development or the biodiversity assessment for the development has substantially commenced when the BC Act commences, the proponent can continue with the assessment requirements under the old legislation. In this case, the application can also be determined by the consent authority under the old legislation. For local development, the Chief Executive of OEH will determine whether an assessment has substantially commenced. For SSD/SSI, the Secretary of DPE will determine if the assessment has substantially commenced. The proponent will have one year from the commencement of the BC Act to submit a development application for assessment under the old legislation. Any development applications submitted after this date will need to comply with the assessment requirements under the BC Act. Modifications of development approvals The Biodiversity Offsets Scheme will be required to be applied to the modification of development approvals in the same way as for a new development application, unless the modification will not increase the development s impact on biodiversity values. This requirement is set out in the BC Act for new development approvals and is intended to be extended to existing approvals through savings and transitional arrangements. Existing biodiversity certifications The following transitional arrangements are proposed to ensure existing biodiversity certified areas are recognised by the new system: existing biodiversity certifications continue to comply with existing conservation obligations existing biodiversity certifications remain valid once the Threatened Species Conservation Act 1995 (TSC Act) is repealed existing biodiversity certification applications that have already been submitted have three years to be approved under the existing TSC Act arrangements proposals that have undertaken a significant amount of work, but have not yet made a formal application, have two years to be placed on public exhibition (as part of the formal biodiversity certification application process) and three years from commencement of the BC Act to be approved under the existing TSC Act arrangements. These proposals will be identified in the legislation. Biobanking statements Proponents who want to seek a Biobanking statement to accompany their development application must submit a complete Biobanking statement application before the BC Act commences. Under transitional arrangements, OEH will have one year to consider the Biobanking statement application. Any development applications that are submitted before the BC Act commences and have valid Biobanking Statements will not be required to prepare a biodiversity development assessment report under the BC Act. Existing biodiversity credits and credit obligations Existing biodiversity credits will carry over and will be valid under the new Biodiversity Offsets Scheme. For some credit types the number of credits may need to be changed so that they are equivalent to the credits that would be created under the BAM. Before the BC Act starts OEH will contact credit holders and BioBank site owners to explain this process. A similar conversion process will also be needed for some credit obligations set through conditions of consent (where the obligations have not yet been met when the BC Act starts). The consent authority will adjust existing credit obligations to be consistent with the credit amounts generated through BAM, based on advice from OEH. 27

28 ATTACHMENT 1: EXAMPLE BIODIVERSITY ACTIONS This is an example of the types of actions that the OEH Chief Executive may list as biodiversity actions that can be used to meet offset obligations. It is intended that the published list of actions will have equal or more benefit to the threatened entity compared to securing an offset site. Species common name Species scientific name Example biodiversity actions Flockton Wattle Five-clawed Worm-skink A saltbush A spear-grass Mossgiel Daisy Acacia flocktoniae Anomalopus mackayi Atriplex infrequens Austrostipa metatoris Brachyscome papillosa Targeted survey across entire predicted range to identify locations of populations. Research to understand critical threats requiring management. Identify key threats to the species viability at critical sites and associated relevant management actions. Research the species movement patterns, habitat use and response to management. Targeted survey across entire predicted range to identify new populations and re-confirm status of known populations. At all populations collect data on area of occupancy, population status, habitat and undertake threat assessment. Investigate life history dynamics; including seed set, seed viability, germination and seedling survival. Conduct experimental research into the relative impacts of grazing and fire on the species survival and recruitment. Targeted survey in areas of known habitat to confirm distribution, population sizes and undertake threat assessment. Targeted survey in areas of suitable habitat between Mungo National Park and Balranald; areas surrounding Willandra National Park; Lachlan Valley National Park south of Corrong; Murrumbidgee National Park (Yanga); Kalyarr and surrounding areas on travelling stock reserves, to confirm distribution, population sizes and undertake threat assessment. Investigate life history dynamics including seed viability, germination, dormancy and longevity (in the natural environment and in storage). Conduct experimental research into the relative impacts of different disturbance regimes such as grazing and fire on the species survival and recruitment. 28 SUBMISSION GUIDE: Ecologically Sustainable Development

29 Species common name Species scientific name Example biodiversity actions Missionary Nutgrass Cyperus semifertilis Target survey in areas of suitable habitat, including areas near Rainforest and Wet Sclerophyll Forest (Brushbox) on Metamorphic parent rock and deep rocky gulleys to identify populations. Deyeuxia appressa Spike-Rush Robertson s Peppermint Mueller s Eyebright White-bellied Storm-Petrel Baeuerlen's Gentian Flame Spider Flower Torrington Beard-heath Deyeuxia appressa Eleocharis obicis Eucalyptus robertsonii subsp. hemisphaerica Euphrasia collina subsp. muelleri Fregetta grallaria Gentiana baeuerlenii Grevillea kennedyana Leucopogon confertus Note surveys should be conducted during flowering period (likely to be December to March). If/when extant populations are identified, collect data on area of occupancy, population status, habitat and undertake threat assessment. Investigate life history dynamics including seed viability, germination, dormancy and longevity (in the natural environment and in storage). Conduct experimental research into the effects of various flooding regimes and stock (grazing and trampling) disturbances on the species survival and recruitment. Targeted survey in the Burraga and Orange areas to identify new populations and re-confirm status of known populations to confirm distribution. At new populations collect data on area of occupancy, population status, habitat and undertake threat assessment. Targeted survey in areas where the species is known to have occurred across entire predicted range to determine whether populations exist in NSW. Determine the distribution of the species at sea via pelagic surveys. Determine extent of breeding population through survey of Lord Howe Island the offshore islands. Determine current levels of reproductive success of the species. Investigate potential translocation techniques for offspring. Target survey in areas of suitable habitat to identify populations. Investigate population dynamics and the number of distinct individuals, through genetic analysis. Assess seed bank to ensure the persistence of viable seed. Test for mechanisms influencing lack of germination, including seed predation. Targeted survey in areas where the species is known to have occurred across entire predicted range to determine whether populations exist in NSW. 29

30 Species common name Species scientific name Example biodiversity actions Chariot Wheels Nalbaugh Nematolepis Ozothamnus tesselatus Bolivia Hill Pimelea Silky Pomaderris Prostanthera discolor Kermadec Petrel (west Pacific subspecies) Horned Greenhood Maireana cheelii Nematolepis rhytidophylla Ozothamnus tesselatus Pimelea venosa Pomaderris sericea Prostanthera discolor Pterodroma neglecta neglecta Pterostylis bicornis Target survey at known locations in scalded country in salt bush plains area to identify extent of populations. Undertake a threat assessment at sites where populations are located in Moulamein, Deniliquin and Hay areas. Targeted survey at known locations to assess population size, status, habitat and undertake threat assessment. Targeted survey in potential habitat (based on current records and knowledge) to define distribution and where populations are located assess population dynamics and undertake threat assessment. Determine if populations can be resurrected from seedbank, and if it is possible assess a) abundance, b) demographics, c) recruitment and d) long-term trends. Identify local threats limiting population viability over next 100 years and precisely determine amelioration of fluctuating impacts under variable environmental conditions (e.g. drought and climate change). Targeted survey in areas of known habitat to confirm population decline and where located investigate ecology, habitat and undertake threat assessment. Confirm all potential records of the species as being Prostanthera discolor rather than a similar taxon. Targeted survey throughout suitable habitat and within areas surrounding known records to determine population extent, tenure and undertake threat assessment. Investigate recent habitat use on Mutton Bird Island (off Lord Howe Island). Targeted surveys on accessible populations on Phillip Island Norfolk to confirm: a) possible year-round breeding; b) constraints of on-site management; c) at-sea distribution; d) diet. Targeted survey of known location near Woodenbong to assess population size and threats. 30 SUBMISSION GUIDE: Ecologically Sustainable Development

31 Species common name Species scientific name Example biodiversity actions Leafy Greenhood Blotched Sarcochilus Yellow Swainson-pea Pterostylis cucullata Sarcochilus weinthalii Swainsona pyrophila Targeted survey across the known range to identify significant populations and undertake threat assessment. Targeted survey of fallen branches of host plant during flowering season (Sept Oct) to define distribution. Targeted survey in the mallee regions (Mallee Cliffs and Scotia Sanctuary) post fire. Conduct experimental research into the effects of fire on survival and recruitment. 31

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