NSW Urged to Tighten Biodiversity Offset Laws

Friday 15^th November, 2024

The Nature Conservation Council of New South Wales (NCC), the state's leading environmental advocacy organisation, says the addition or uplisting of 48 species to the NSW threatened species list so far this year highlights the need for strong reforms to the NSW Biodiversity Offsets Scheme (BOS).

The long-nosed potoroo, Curlew sandpiper, Gang-gang cockatoo and Large-eared pied bat are among the species added or uplisted this year.

The NSW Government has introduced legislation to amend the BOS, which is expected to be debated next week. The BOS is heavily relied on in NSW's biodiversity policy framework, however without clear protection for even the most at risk species and ecological communities, it is contributing to ongoing biodiversity decline and extinctions.

As recently as October, financial units that represent the Gang-gang and its habitat were being actively traded on the BOS. This means that six months after it's uplisting to endangered status, the BOS facilitated the net loss of Gang-gang cockatoo habitat to the tune of nearly $34,000 through the scheme. The Gang-Gang's key threatening processes include loss and degradation of breeding and foraging habitat from rural and urban development.i

Similarly, $2.7 million has changed hands from a developer through the BOS to facilitate the net loss of the endangered Large-eared Pied Bat's habitat over the last 12 months. The Large-eared Pied Bat's main threats are clearing and isolation of forest and woodland habitats, and loss of foraging habitat.ii

The clearing of habitat, alongside invasive species and climate change are the key overarching threats to biodiversity in NSW.

Quotes Attributable to NCC CEO Jacqui Mumford:

"As the list of species moving towards extension continues to grow longer, we call on all sides of Parliament to work together and negotiate strong amendments to the Bill and make sure we give nature a fighting chance."

"Reform of the BOS is long overdue, however, the Bill as it stands falls short of what is needed, failing to address the fundamental flaws identified by multiple independent inquiries."

"The use of offsetting has always been a risky exercise, increasingly magnified as a species moves towards endangered status.

Offsetting was supposed to be a last resort, but it has instead become the norm that a development can pay to destroy habitat. This is enabling extinction."

In order for the scheme to have integrity; and for species like the Large-eared Pied Bat and the Gang Gang to have a fighting chance. We recommend:

• offsets must be 'like-for-like'

• indirect offsets and payments into the fund must be phased out

• loopholes for 'Part 5 development' must be closed

• and the destruction of irreplicable, high conservation value land must not be permitted under the scheme.

APPENDIX 1 - List of new or uplisted threatened species by the NSW Threatened Species Scientific Committee, 2024 to date, as at 13 Nov 2024.

V= Vulnerable; E= Endangered; CE=Critically Endangered.

Source: NSW Threatened Species Scientific Committee final determinations (Link)