Biodiversity Certification and BioBanking - A new initiative for threatened species protection
Recent reforms to threatened species legislation have paved the way for two new approaches to threatened species conservation: biodiversity certification and biodiversity banking.
Biodiversity certification and biodiversity banking will, in some instances, offer developers and local governments an alternative path to the current threatened species assessment (assessment of significance) required under the Environmental Planning and Assessment Act 1979.
Both approaches require an 'improve or maintain' outcome for biodiversity values, and remove the need for an assessment of significance. A brief overview of how each approach will be used is provided below.
Biodiversity certification of EPIs
The Minister for the Environment can now confer biodiversity certification on an Environmental Planning Instrument (EPI) (which include local environmental plans, state environmental planning policies and regional environmental plans) if satisfied that there will be an overall improve or maintain outcome for biodiversity values. Granting of certification is most likely to be based on local environmental plans (LEPs).
Biodiversity certification will enable councils to protect biodiversity. It will be particularly useful in rapidly developing coastal and urban areas that support high biodiversity values, and in local government areas where principal LEPs are updated to reflect these factors. The advantage of certification is that it enables biodiversity to be addressed as part of the strategic planning process.
Councils may seek certification for all or part of their LEPs or for specific species, depending on the quality of the available data and the pressure for development.
Certification will be of most benefit in areas where cleared land, or areas of little conservation value are identified for development, and/or where high biodiversity values are protected.
Certification will require a thorough knowledge of the occurrence and ecology of the threatened species, populations and communities of an area. Thus the area certified may be limited to locations with detailed information about vegetation, habitat and/or species.
Small areas and/or single developments are unlikely to be suitable for certification as other planning and assessment processes apply at this scale. Areas of high conservation value that are proposed for development without appropriate offsets or other actions, thus resulting in a net loss to biodiversity, will not qualify for certification.
Certification period
Biodiversity certification will generally last for 10 years. This is intended to allow a sufficient period of time for the staging of development in accordance with the LEP.
Certified areas will be identified on a public register. In granting certification, the Minister will consider a range of other matters such as the social and economic context.
Certification may be revoked or suspended if the EPI fails to make appropriate provision for the conservation of threatened species.
DECC has prepared further guidance on biodiversity certification of environmental planning instruments.
Biodiversity banking
The Biodiversity Banking and Offset Scheme (BioBanking) will provide a systematic and consistent framework for counterbalancing (offsetting) the impacts of development to achieve an improve or maintain outcome for biodiversity values.
The scheme is intended as an addition to the tools that are available for biodiversity conservation. The scheme will recognise that viable, high conservation value areas must be protected to meet an improve or maintain outcome. The scheme will also recognise that biodiversity loss should be avoided and/or minimised before considering the use of offsets.
Individuals can set up and manage biodiversity bank sites (biobank sites) under a conservation agreement. That is, lands are secured and managed in perpetuity to protect and enhance their biodiversity values.
The establishment of a biobank site would enable the generation of 'credits'. These could be sold and used to offset the impact of developments elsewhere. Funds generated by the sale would be used for the future management of the biobank site.
For further information email: biobanking@environment.nsw.gov.au.