What is the Biodiversity Offset Scheme
The Biodiversity Offsets Scheme is a framework to avoid, minimise and offset impacts on biodiversity from development and clearing, and to ensure land that is used to offset impacts is secured in-perpetuity.
What is the threatened spieces test of significance?
The threatened species ‘test of significance’ is used to determine if a development or activity is likely to significantly affect threatened species or ecological communities, or their habitats.
What are the Biodiversity Offsets Scheme entry requirements?
Entry to the Biodiversity Offset Scheme is triggered by developments, projects and activities that meet certain thresholds for significant impacts on biodiversity, or on an opt-in basis.
Who does the Biodiversity Offset Scheme apply to?
- local development (assessed under Part 4 of the Environmental Planning and Assessment Act 1979) that triggers the Biodiversity Offsets Scheme Threshold or is likely to significantly affect threatened species based on the test of significance in section 7.3 of the Biodiversity Conservation Act 2016
- state significant development and state significant infrastructure projects, unless the Secretary of the Department of Planning, Industry and Environment and the environment agency head determine that the project is not likely to have a significant impact
- biodiversity certification proposals
- clearing of native vegetation in urban areas and areas zoned for environmental conservation that exceeds the Biodiversity Offsets Scheme threshold and does not require development consent
- clearing of native vegetation that requires approval by the Native Vegetation Panel under the Local Land Services Act 2013
- activities assessed and determined under Part 5 of the Environmental Planning and Assessment Act 1979 (generally, proposals by government entities) if proponents choose to ‘opt in’ to the Scheme.
What are the advantages of biobanking for developers?
BioBanking offers several advantages for developers:
- It can reduce costs and time associated with biodiversity assessments
- It provides a transparent and consistent rule-based approach for determining offsets, enabling offset requirements to be assessed even in the initial stages of project design
- It allows credit requirements to be estimated and purchased at any stage of the project proposal
- It enables offset sites to be managed by biobank site land owners interested in conservation rather than by developers
- It enables greater flexibility in project management and costs
What is the Biodiversity Offset Scheme Threshold?
The Biodiversity Offsets Scheme threshold is a simple, objective, risk-based test used to determine when the Biodiversity Assessment Method and the Biodiversity Offsets Scheme apply. It is relevant to local developments (Part 4, non-state significant development/state significant infrastructure under the Environmental Planning and Assessment Act 1979) and clearing regulated by the State Environmental Planning Policy (Vegetation) 2017 (Vegetation SEPP).
There are two elements to the threshold test – an area trigger and a Biodiversity Values Map trigger. If clearing exceeds either trigger, the Biodiversity Offset Scheme applies to the proposed clearing.
Local development that does not exceed the threshold are also required to assess if the development is likely to significantly affect threatened species or ecological communities based on the assessment of significance in s7.3 of the Biodiversity Conservation Act 2016. If the development is likely to have a significant effect, then the Biodiversity Offsets Scheme applies.
How can a developer meet their offset obligation under the Biodiversity Offset Scheme?
Developers have a range of options to offset biodiversity impacts under the Biodiversity Offsets Scheme. These include buying credits from Biodiversity Stewardship sites, funding biodiversity actions or they can pay money into the Biodiversity Conservation Fund to meet their offset obligation. The Biodiversity Conservation Regulation 2017 contains offset rules governing how these offset options are used.
How are Species Credits calculated?
Species credits are created for threatened species that cannot be reliably predicted using habitat surrogates. The number of species credits is calculated based on targeted survey reports.
How are Ecosystem Credits calculated?
Ecosystem credits are created for all ecological communities, as well as threatened species that can be reliably predicted as occurring on site, using the presence of vegetation that provides habitat for a given ecological community or threatened species. The number of ecosystem credits is calculated based on vegetation surveys.
How much does it cost to purchase a biodiversity credit under the Biodiversity Offset Scheme?
If a landholder decides to generate biodiversity credits (by signing up to a biodiversity stewardship agreement) they can sell those credits to developers to offset the biodiversity impacts of the development proposal. Alternatively, government or philanthropic organisations may choose to purchase the credits to secure biodiversity protections for the site.
The sale price for these credits will be negotiated on a case by case basis by the landholder and the credit buyer. As a minimum, the price must include the costs of managing the stewardship site.
Enquire today
Contact Delta Associates today for more information on pricing and our flexible contract terms for Biobanking NSW credits.