Biodiversity Conservation Act 2016

The Minister is to establish a biodiversity assessment method in connection with the biodiversity offsets scheme.

The biodiversity assessment method is also established for the purpose of assessing the impact of actions on threatened species and threatened ecological communities, and their habitats, and the impact on biodiversity values of other actions prescribed by the regulations (whether or not the biodiversity offsets scheme applies to the impact of those actions on biodiversity values).

Note.

See Part 7 of this Act and Division 6 of Part 5A of the Local Land Services Act 2013.

When establishing, amending or replacing the biodiversity assessment method, the Minister must—

have regard to the purpose of this Act, and

having regard to the targets and time frames set out in the strategy for the transitioning of the biodiversity offsets scheme to deliver net positive biodiversity outcomes under section 6.2A(2)—

during the transition of the scheme—adopt a standard that, in the opinion of the Minister, will result in no net loss of biodiversity in New South Wales, and

as soon as practicable after the strategy is made—adopt a standard that, in the opinion of the Minister, will result in net positive biodiversity outcomes in New South Wales.

The biodiversity assessment method is to be established by order of the Minister published on the NSW legislation website.

The biodiversity assessment method may be amended or replaced by further order of the Minister published on the NSW legislation website.

The Environment Agency Head is to make the biodiversity assessment method available on a government website maintained by the Agency Head.

Note.

See Part 9 and section 6.9 (Review of biodiversity assessment method) for public consultation requirements in relation to the biodiversity assessment method.