Biodiversity Conservation Act review

Have your say on the statutory review of the Biodiversity Conservation Act.

Superb Parrot (Polytelis swainsonii)New South Wales is home to a diverse variety of plants and animals, as well as the habitat in which they live. Biodiversity underpins the health of our planet, our wellbeing, the economy and our livelihoods.

The statutory review of the Biodiversity Conservation Act is being led by independent experts Dr Ken Henry AC, Mr Mike Mrdak AO, Dr John Keniry AM and Distinguished Professor Michelle Leishman. The independent experts have developed a consultation paper with survey questions to prompt your consideration of issues and opportunities to improve biodiversity conservation in New South Wales.

Readers are encouraged to respond to as many survey questions as they wish, and to comment on any other issues relevant to the review. Real-life examples of how the Biodiversity Conservation Act is or is not working in practice are encouraged, as these will improve our understanding of the key issues.

Tell us what you think

Have your say on the review of the Biodiversity Conservation Act by 11 April 2023.

You can provide feedback:

  • Online: complete the consultation survey questions in our form
  • Email submissions to
  • Post submissions to:
    Biodiversity Conservation Act Review
    Department of Planning and Environment
    Locked Bag 5022
    Parramatta NSW 2124

The information you provide in this form will only be used for the purpose for which it was collected. By submitting, you consent to storage, use, and disclosure of your personal information in accordance with our privacy policy. You can request access and amendment of your personal information.

Your details

Purpose of the Biodiversity Conservation Act

Conserving threatened species and ecological communities

Private land conservation and investment

Biodiversity Offsets Scheme

Biodiversity Certification

Regulating impacts on, and caring for, native animals and plants

Compliance and enforcement

Other important matters

The Biodiversity Conservation Act 2016 requires the Minister responsible for administering the Act to begin a review as soon as possible after 5 years from the commencement of the Act (which occurred on 25 August 2017).

It is an important opportunity to identify which aspects of the Biodiversity Conservation Act are working well, and what improvements could be made to the Act to improve outcomes for biodiversity in New South Wales.

The purpose of the review is to determine whether the policy objectives of the Biodiversity Conservation Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. See the Terms of Reference: Statutory five-year review of the Biodiversity Conservation Act.

The review will also consider what works well and what needs to change to meet current and future biodiversity targets and goals. Interdependent policy settings across other legislation will be considered in the review, but only to the extent that they are directly relevant to the Biodiversity Conservation Act.

Terms of Reference

The objectives can be found in section 1.3 of the Act and can be broadly grouped into:

  • ecological outcomes (bioregional, state scale and threatened species conservation in the context of climate change)
  • managing biodiversity impacts (including via the Biodiversity Offsets Scheme)
  • strategic conservation action
  • risk-based regulation
  • improved biodiversity information, knowledge sharing and public participation, including traditional Aboriginal knowledge of biodiversity conservation.

The independent review includes public consultation and final report to government.

The review experts have met with several stakeholders to date to hear their concerns and ideas. Feedback on the consultation paper will inform the 5 year review report and recommendations.

A report on the outcome of the review will be tabled in each House of Parliament by 24 August 2023.

The Biodiversity Conservation Act was part of an integrated legislative package alongside Part 5A of the Local Land Services Act 2013.

In conjunction with the Biodiversity Conservation Act review, a review of the native vegetation provisions (Part 5A) of the Local Land Services Act is also underway led by Local Land Services. Please see more information about the statutory review of the native vegetation provisions of the Local Land Services Act at:

Local Land Services.

The Biodiversity Conservation Act independent reviewers will consult with Local Land Services to ensure the reviews are undertaken in conjunction with one another.