The Minns Government has released its response to the statutory reviews of the Biodiversity Conservation Act 2016 and the native vegetation provisions of the Local Land Services Act 2013, addressing several of the recommendations made by Dr. Ken Henry’s review.
Minns responds to Dr Henry’s Biodiversity Conservation review
“The government’s response indicates openness to heading in the right direction, and some important policy shifts,” said NCC Chief Executive Officer, Jacqui Mumford.
“What we have seen today is a partial win for the environment movement with several reforms we have been asking for secured for implementation. However, the lack of urgency is a real problem,” Jacqui Mumford said.
Here’s an overview of how the response aligns with and addresses the key recommendations from Henry’s review:
Nature Positive Strategy
Dr. Ken Henry’s review emphasized the need for a ‘nature positive’ approach to biodiversity conservation.
The Minns Government has committed to developing a Nature Positive Strategy, which will align with national biodiversity targets and guide strategic investment planning through the Biodiversity Conservation Trust.
This strategy aims to transition from merely conserving biodiversity to actively regenerating and repairing ecosystems (NSW Environment and Heritage) (NSW Environment and Heritage).
“Whilst we cautiously welcome the NSW Government demonstrating openness to going back to the drawing board on the deeply problematic land management framework, it’s disappointing that this crucial work won’t even begin until 2025,” said Jacqui Mumford.
“We know the loopholes that are causing the problems. Every day we wait, up to 260 hectares of habitat are lost. That’s more than 360 soccer fields cleared every day,” Ms Mumford continued.
Natural Capital Accounting
The review recommended investing in natural capital accounts to provide baselines for biodiversity and track changes over time.
The government’s response includes plans to implement comprehensive natural capital accounting, ensuring data-driven policy decisions and effective conservation efforts.
Biodiversity Conservation Regulatory Reforms
Henry’s review called for significant regulatory reforms, including setting biodiversity credit obligations at 120% of calculated losses for development projects and establishing clear no-go areas for development.
The Minns Government has acknowledged these recommendations and plans to integrate biodiversity considerations early in the development assessment process, aiming to protect high-value biodiversity areas more effectively.
They also intend to reform the Biodiversity Offsets Scheme to enhance its integrity and effectiveness (NSW Government) (Mondaq).
“It is good to see genuine steps to limit offset use, to avoid and minimise impacts, a reduction in harmful practices like discounting and exemptions, a transition to ‘net positive’ offsets and better data and transparency. But we haven’t made it to best practice yet,” Ms Mumford said.
“We want to see indirect offsets totally ruled out, and we want to see offsets absolutely required to be like for like,” Ms Mumford said. “We need a working offsets scheme that actually prevents unsustainable development from going ahead.”
Data Collection and Transparency
The review highlighted the need for improved data collection and transparency. In response, the Minns Government plans to enhance data transparency and place decision-making based on real-time data in the hands of the Environmental Protection Authority (EPA).
This move aims to ensure more informed and timely decisions regarding biodiversity conservation (NSW Environment and Heritage) (NSW Environment and Heritage).
Aboriginal Inclusion
Greater inclusion and participation of Aboriginal communities in biodiversity conservation efforts were critical points in the review.
The Minns Government is committed to involving Aboriginal communities in the design and implementation of conservation policies and programs, ensuring their perspectives and knowledge are integrated into biodiversity management.
Leveraging Private Investment in Biodiversity Conservation
The review suggested leveraging private sector investment into conservation and restoration initiatives.
The government plans to incentivize private investment through emerging nature markets and enhance the value of restoration credits, promoting sustainable and financially viable conservation practices (NSW Environment and Heritage) (Mondaq).
Minister for Agriculture and Regional NSW Tara Moriarty added, “The NSW Government is committed to improving the management of native vegetation on private rural land and supporting landholders to improve environmental outcomes and access emerging natural capital markets. We will be working closely with farmers to deliver the actions outlined in this response to better protect native vegetation and promote sustainable agricultural production.”
“It’s a very sad day for nature in NSW,” Ms Higginson said. “It’s very Labor on the environment, like their commitment to create a Great Koala National Park in the State’s north, only to have them log it first. The bottom line is that NSW Labor will not turn around the biodiversity loss and extinction crisis in NSW.”
Future Steps and Comprehensive Response to Biodiversity Conservation
The Minns Government will continue to consult with key stakeholders while developing a comprehensive, whole-of-government response to both the Biodiversity Conservation Act review and the native vegetation provisions of the Local Land Services Act.
This holistic approach aims to ensure cohesive and effective biodiversity conservation strategies across NSW (NSW Government).
“We cannot ignore the truth: biodiversity in NSW is in crisis. Our goal must be to leave nature better off than we have found it. The independent review of the Biodiversity Conservation Act showed we need significant reforms. Our response is that we are ready to take on that challenge with new approaches aimed at achieving overall ecosystem gains,” Minister for the Environment Penny Sharpe stated.
The Minns Government’s response shows a commitment to addressing the deficiencies identified in Henry’s review by adopting a more proactive and integrated approach to biodiversity conservation and land management in NSW.
“The Government has not responded to the clarion call of the Ken Henry review. While the response commits to roll back some of the worst aspects of the war on nature waged by the Liberal National Coalition in 2015, it will not do what is required to reverse the biodiversity loss trajectory across every bioregion of NSW,” Sue Higginson MLA said.
“The only way that will happen is if the Government does what Henry recommended. Namely, that strong biodiversity conservation and repair laws and policies take primacy over planning, development and land use laws and policies. It is clear from this response that the NSW Labor Government is not willing to do that,” she continued.
“In the past year while the government response has been stuck somewhere in the halls of parliament, NSW will have lost another 95,000 hectares of habitat to runaway habitat clearing*. And now we are being asked to accept another year of delay?” asked NCC Chief Executive Officer Jacqui Mumford.
Amendments to the Biodiversity Conservation Act
Amendments to the Biodiversity Conservation Act will ensure the biodiversity offsets scheme transitions to ‘net positive’ outcomes, with upfront consideration of biodiversity in planning and development processes.
To enhance native vegetation management on private land, the government will strengthen prescriptions in the Land Management (Native Vegetation) Code and implement a new monitoring, evaluation, and reporting framework.
The government’s plan addresses three major election promises: reforming the biodiversity offsets scheme, ending excessive land clearing, and strengthening environmental protections. It also details the legislative, policy, and program directions the NSW Government will adopt to implement these changes.
The response highlights several key points:
- Acknowledgement of the need for a new approach to put nature on a recovery path.
- Recognition of the intrinsic relationship between biodiversity and Aboriginal culture, and the broader interests Aboriginal people have in biodiversity and land management.
- Prioritization of actions to improve biodiversity protections and land management practices in the short, medium, and long term.
- Commitment to halting and reversing biodiversity loss while supporting environmental repair and regeneration.
- Introduction of a NSW Nature Strategy to guide actions to protect, restore, and enhance ecosystems and landscapes.
- Emphasis on the strong connection farmers and landholders have with their land, and their role in managing native vegetation.
- Support for landholders to access emerging natural capital markets, incentivizing sustainable farming practices and environmental restoration.
The full response can be viewed at www.nsw.gov.au/nsw-plan-for-nature. Farmers or landholders with questions about native vegetation management can contact their closest Local Land Services office.
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