On 23 November 2016 the NSW Biodiversity Conservation Act 2016 (repealing the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001 and the animal and plant provisions of the National Parks and Wildlife Act 1974) became law.
On the same day the NSW Local Land Services Amendment Act 2016 (repealing the Native Vegetation Act 2003 and amending the Local Land Services Act 2013 in relation to native vegetation land management in rural areas) also became law.
Currently the NSW Berejiklian Coalition Government has these documents on exhibition:
Regulations and other key products to support the Government's new Biodiversity Conservation Act 2016 and Local Land Services Amendment Act 2016, are on exhibition for six weeks from 10 May until 21 June.
- Draft Biodiversity Conservation Regulation 2017 (PDF), and its supporting regulatory impact statement (PDF)
- Draft Local Land Services Amendment Regulation 2017 (PDF)
- Draft Environmental Planning and Assessment Amendment (Biodiversity Conservation) Regulation 2017 (PDF)
- Explanation of Intended Effect for the State Environmental Planning Policy (Vegetation) 2017 (PDF)
- Land Management (Native Vegetation) Code (PDF)
- Biodiversity Assessment Method (BAM) (PDF) and BAM tool (Link)
- Accreditation Scheme for the Application of the Biodiversity Assessment Method (PDF)
- Draft Sensitive Biodiversity Values Land Map (Link)
- Serious and irreversible impacts guidance (PDF)
- Offsets payment calculator (Excel) and User Manual (PDF)
Facts sheets and guides that provide detailed information on key topic areas are also available to assist you in making a submission.
Loud warning bells should be ringing in all ears – not least because the draft regulation document State Environmental Planning Policy (Vegetation) 2017 is nowhere to be found.
Instead there is a slick 22-page Explanation of Intended Effect booklet (highlighted in red) which is not worth the paper it is printed on at this point in time.
Why the Berejiklian Government assumes that it is best practice to place major policy change on exhibition with a crucial SEPP not yet drafted is unexplained.
Nor is there any indication as to why this as yet unformed vegetation SEPP is to be signed into government regulation in eleven weeks' time without voters having the opportunity to assess and comment on its precise provisions and wording.
One has to suspect that the reason for such sleight of hand is that State Environmental Planning Policy (Vegetation) 2017 will contain a workaround for property developers to clear environmentally valuable native vegetation using the new permit system long before land comes before a council for consideration as the subject of a development application.
As the Explanation of Intended Effect now stands it appears that local government will have less control over clearing of native vegetation than it had in the past.
Why the Berejiklian Government assumes that it is best practice to place major policy change on exhibition with a crucial SEPP not yet drafted is unexplained.
Nor is there any indication as to why this as yet unformed vegetation SEPP is to be signed into government regulation in eleven weeks' time without voters having the opportunity to assess and comment on its precise provisions and wording.
One has to suspect that the reason for such sleight of hand is that State Environmental Planning Policy (Vegetation) 2017 will contain a workaround for property developers to clear environmentally valuable native vegetation using the new permit system long before land comes before a council for consideration as the subject of a development application.
As the Explanation of Intended Effect now stands it appears that local government will have less control over clearing of native vegetation than it had in the past.
The Better Planning Network (BPN), a state-wide not for profit grassroots volunteer-based organisation, has also highlighted the following issues:
The detailed map of land classified as 'Environmentally Sensitive' is not publicly available.
- The map of Category 1 and Category 2 rural land (ie- land that can be cleared under self-assessable codes or otherwise) is not publicly available.
- The mapping of core koala habitat across NSW has not been completed (we are aware of only 5 NSW Councils that have identified core koala habitat under SEPP 44 Koala Habitat Protection.)
- The details of the Biodiversity Offsets Calculator are not publicly available.
It is impossible for the public to provide accurate feedback on the draft Regulations, Codes and SEPP without access to the above elements. It is also irresponsible and risky for the Government to operationalise its legislation and regulations before these elements have been finalised.
On this basis, we urge you to contact the NSW Premier and the responsible Ministers (Upton, Roberts and Blair) to ask them to:
- Extend the public exhibition of all Regulations and Codes under the Biodiversity Conservation Act 2017, as well as the Vegetation SEPP, until the components listed above are made publicly available.
- Ensure that operation of the Biodiversity Conservation Act 2017 does not commence until all relevant mapping, included that listed above, has been completed and reviewed for accuracy by key stakeholders.
An analysis of the draft Regulations, Codes and SEPP has been provided though the Stand Up For Nature Submission Guide. We are preparing our own draft submission which we will circulate to you as soon as possible. However, accurate comment on the full package is not possible until all of the components listed above are made publicly available.
The Environmental Defenders Office NSW (EDO) uploaded this video which walks through the documents on exhibition:
EDO 1 June 2017 seminar slides can be found here. Included in these slides is some advice on what to cover in submissions.
According to the EDO "There are some serious weaknesses" in these draft documents which are intended to become operational on 25 August 2017.
These include:
* Repeal of Native Vegetation Act and environmental standards that go with it, replaced with Codes
* Heavy reliance on flexible and indirect biodiversity offsets – weaker standards in the BAM and for biocertification
* Conservation gains aren't guaranteed in law, but dependent on funding decisions
* There is significant discretion for decision-makers
* Significant risk of policy failure
Locally one can add to this list the fact that Clarence Valley Council has stated:
Locally one can add to this list the fact that Clarence Valley Council has stated:
A review of the draft
Sensitive Biodiversity Values Land Map released by OEH reveals that it is
missing areas of the Clarence Valley LGA which are known to contain habitat for
threatened and critically endangered species or significant biodiversity value
(for example core koala habitat identified in the Ashby-Woombah-Iluka koala
plan of management, as well as significant areas of littoral rainforest and
coastal wetlands).
[Clarence
Valley Council, Environment, Planning & Community Committee Business Paper
- 13 June 2017]
Concerned residents can have their say until 21 June 2017 by:
Or writing to the Land Management and Biodiversity Conservation Reforms Office,
PO Box A290, Sydney South NSW 1232
NOTE
At least one local government, Clarence Valley Council, has requested an extension of time to make a submission on these reforms and to date this formal request has been met with deafening silence.
NOTE
At least one local government, Clarence Valley Council, has requested an extension of time to make a submission on these reforms and to date this formal request has been met with deafening silence.
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