Download Biodiversity Reforms - Have Your Say PO Box A290 Sydney South

Biodiversity Reforms - Have Your Say
PO Box A290
Sydney South
NSW 1232
Submission on proposed changes to NSW biodiversity and conservation laws
Dear Sir/Madam,
I am writing to make a submission on the NSW Government’s biodiversity reform package
which includes the Draft Biodiversity Conservation Bill 2016 and Draft Local Land Services
Amendment Bill 2016.
The state of biodiversity within NSW, as indicated in the NSW State of the Environment
Report (Environment Protection Authority 2015), is in decline.1
Biodiversity reform is an opportunity to address the decline of biodiversity and to promote
the recovery of threatened species, populations and ecological communities.
I am concerned that the NSW Government’s biodiversity reform package in its current
state misses this opportunity and represents a backwards step for biodiversity
conservation in NSW.
I am particularly concerned that significant components of the reform package will be
detailed in the regulations and the codes which have not been released for public
comment.
Additional concerns I have with the Draft Biodiversity Conservation Bill 2016 and/or the
Draft Local Land Services Amendment Bill 2016 are outlined below: [DELETE ANY DOT
POINTS THAT DO NOT RELATE TO YOUR POINTS OF CONCERN]
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I am concerned that the Native Vegetation Regulatory Map and the proposed
‘Clearing in urban areas SEPP’ will lead to increased habitat loss and tree
clearing in both urban and rural environments;
Environment Protection Authority 2015. NSW State of the Environment Report 2015. Environment Protection
Authority, Sydney, Australia.
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I am concerned that the proposed reform has removed the requirement to
‘maintain or improve biodiversity values’;
I am concerned that important safeguards such as ‘red flags’ for environmentally
sensitive areas have been removed or have not been defined (refer part 6 of the
Bill);
I am concerned the Bill seeks to expand the use of ‘self-assessable’ codes,
allowing landholders to clear trees with little oversight regardless of knowledge
limitations;
I understand that climate change poses significant threats to biodiversity and am
concerned that the proposed biodiversity legislation fails to address climate
change;
I am concerned that the interests of mining and petroleum are elevated above
biodiversity conservation (refer: part 5, 5.18, 5.19);
I am concerned that the role of the Environment Minister in important
biodiversity decisions has been reduced with the primary regulatory role for land
clearing proposed to sit with the Local Land Services and the Minister for
Primary Industries;
I am concerned that public participation in assessment decisions and legal
standing for appealing decisions may be reduced;
I am concerned about the proposed increase to discretionary powers for the
Minister and other consent authorities in relation to requiring offsets;
I am concerned about the increased usage of biodiversity offsets with variations
to ‘like for like’ offsetting;
I am concerned that the proposed legislation will allow development proposals to
progress from ‘avoid’ and ‘minimise’ to ‘offset’ far too easily;
I am concerned that the proposed Bill would allow for an offset obligation to be
discharged on payment into a biodiversity conservation fund without the
assurance that an appropriate (like for like) offset can be obtained;
I am concerned the proposed changes will contribute to the loss of habitat,
species and ecological communities;
I am concerned that weakened environmental legislation may ultimately drive
regional climate change and increase greenhouse gas emissions from the land
use sector;
I am concerned that biodiversity gains will rely on Government funding as
opposed to environmental protections in law;
I am concerned that weaker biodiversity laws will not prevent species
extinctions;
I am concerned that the proposed Biodiversity Conservation Act 2016 aims to
slow the rate of biodiversity loss instead of stop biodiversity loss (refer: 1.3(a));
I am concerned that the expanded offsetting regime will not require ‘like-for-like’
and that specific criteria have not been provided (refer: Part 6.4)
I am concerned that part 5 developments under the EP&A will be exempt from
offsetting requirements;
I am concerned that developments or infrastructure designated state significant
may be exempt from offsetting their impacts;
I am concerned that biodiversity stewardship sites (offsets sites) are not
protected in perpetuity and are able to revoked or varied without public
consultation or owners consent (refer: section 5.11);
I am concerned the Bill allows impacts in an area under a biodiversity
stewardship agreement and prohibits the consent authority from requiring
additional offset credits (refer: 5.18(4))
I am concerned that offset sites can be developed for ‘a purpose of special
significance to the state‘ (refer: 5.16(c)
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I am concerned that mining rights and mining prospecting override conservation
agreements and wildlife refuge agreements and their landowners (refer: 5.23,
5.28)
I am concerned that there is discretion for a consent authority in determining
whether there are serious and irreversible impacts on biodiversity values.
I believe there should be clear, objective criteria for determining whether there
are serious and irreversible impacts on biodiversity values.
I understand that biodiversity conservation is a complex issue requiring
monitoring and evaluation and am concerned the proposed legislation fails to
detail or mandate appropriate monitoring
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Biodiversity is important to me because…[PLEASE ADD YOUR PERSONAL VIEW]..
I call on the Government to withdraw the Draft Bills, and commit to biodiversity reform
which prioritises the protection of biodiversity.
Yours sincerely,