The New South Wales Government is slow to act on calls for new environment laws in the Henry Independent Review of the Biodiversity Conservation Act 2016. The Henry report gave a damning assessment of the Premier Mike Baird era law. The new Minns government and environment minister Penny Sharpe are yet to officially respond to the Henry report, nine months after it was tabled in parliament.
Dr. Ken Henry’s assessment of the NSW Biodiversity Conservation Act 2016 paints a bleak picture of Australia’s environmental policies and practices. “It is clear to the Review Panel that the operative provisions of the Act are incapable of supporting its objectives. Too much rests upon the operation of other pieces of legislation that have their own, competing, objectives.” Dr Henry wrote.
For example, native timber forestry laws compete with protections for endangered species such as the koala and greater gliders. Biodiversity is not being conserved at bioregional or state level.
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The report highlighted a number fundamental flaws in the Act, not least, its inability to effectively achieve what it is meant to. Rather than serving as a robust framework for biodiversity conservation, the Act appears to be hamstrung by its reliance on other pieces of legislation with conflicting objectives. This systemic issue undermines the Act’s effectiveness and compromises Australia’s ability to adequately protect its natural environment.
A newly published government report on the Biodiversity Indicator Program unveiled highlights an ongoing trend of declining biodiversity and rising extinctions, despite pre-election pledges made by the Minns-Labor Government to address environmental conservation. According to the data, half of all threatened species in NSW are projected to become extinct within the next 100 years, marking a 2% increase over the past four years. Additionally, the report forecasts that 24% of all species are anticipated to face extinction by the year 2124.
“This severe biodiversity loss is being driven by habitat destruction in native forests and land clearing across all ecosystems. The Minns-Labor Government was elected on a promise to stop both of these trends, but has acted on neither,” said Greens MP Sue Higginson.
“Report after report have shown the terrible decline of biodiversity in NSW, and the Ken Henry review of biodiversity laws gave the Government very clear recommendations on how to slow and reverse this trend, but the Government still hasn’t responded after 7 months,” Ms Higginson said.
The Henry report, tabled in NSW Parliament in August 2023, casts serious doubt on the credibility of the Biodiversity Act and the offsets it has secured, expressing disapproval of the current state and future direction of biodiversity in NSW. This perspective aligns with criticisms articulated by Professor Graeme Samuel AC regarding the environmental offsets policy enforced under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
“Biodiversity is not being conserved at bioregional or State scale. The diversity and quality of ecosystems is not being maintained, nor is their capacity to adapt to change and provide for the needs of future generations being enhanced” the final report said.
New and Updated Biodiversity & Conservation Laws Required
The independent review of the Biodiversity Conservation Act was tabled in Parliament on 24 August 2023 by the NSW Minister for Environment. According to the NSW Government website, “NSW Government will now consider both reviews, in consultation with key stakeholders, while developing a whole of government response”.
It is anticipated that legislative amendments would be necessary beyond the scope of the Biodiversity Act. This would likely involve revisions to the Environmental Planning and Assessment Act 1979 (NSW), the ALR Act, and the Local Land Services Act 2013 (NSW).
If the NSW Government chooses to adopt the findings and recommendations of the report, it could also significantly affect planned greenfield developments in the state. Specifically, with ongoing necessity for major infrastructure and energy projects as part of the energy transition and to meet NSW’s greenhouse gas emissions reduction targets, the proposed reforms may impose stricter requirements on these developments to prevent, mitigate, or offset potential biodiversity impacts in a manner that achieves a net gain.
The review scrutinizes the Act’s capacity to promote sustainable land use practices. Balancing conservation goals with economic activities such as agriculture, mining, and urban development is a complex challenge. Henry assesses whether the Act strikes the right balance between environmental protection and economic development, ensuring that both present and future generations can benefit from Australia’s natural heritage.
The review explores opportunities for enhancing stakeholder engagement and collaboration in biodiversity conservation. Effective conservation requires the cooperation of various stakeholders, including government agencies, Indigenous communities, industry representatives, and conservation organizations. Henry examines ways to improve coordination and cooperation among these diverse stakeholders to achieve shared conservation objectives.
Dr Henry’s “Nature Positive” Approach
The report’s findings demand immediate attention from policymakers and stakeholders. Australia’s biodiversity is under threat, and the current legislative framework is woefully inadequate to address the magnitude of the challenge. Dr. Henry’s assessment serves as a wake-up call, urging a concerted effort to prioritize nature conservation and adopt policies that promote a “nature positive” approach.
As a solution, the final report of the independent review of the Biodiversity Conservation Act 2016 (pdf) advocates for a strategic shift within the Biodiversity Act towards a “nature positive” approach, emphasizing the need for enhanced protections for ecosystems.
“The natural environment is now so damaged that we must commit to ‘nature positive’ if we are to have any confidence that future generations will have the opportunity to be as well off as we are.”
Dr. Henry’s assessment underscores the alarming extent of environmental degradation in Australia. He warns that the natural environment has been so severely damaged that urgent action is required to reverse the trend. The concept of “nature positive” is proposed as a necessary paradigm shift, emphasizing the imperative to restore and regenerate ecosystems to ensure the well-being of future generations.
Dr. Ken Henry’s assessment of the Biodiversity Conservation Act 2016 is a damning indictment of Australia’s environmental policies. His call for a paradigm shift towards “nature positive” initiatives underscores the urgent need for action to safeguard the country’s natural heritage. Failure to heed this warning risks irreparable harm to Australia’s ecosystems and compromises the well-being of future generations.
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