MEDIA RELEASE
17 July 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today cautiously welcomed the ambitious reform plan set out by the NSW Government in its response to the Henry Review of the Biodiversity Conservation Act. However, the peak group has also expressed frustration at the drawn-out process of fixing NSW’s habitat clearing laws.
“Right now, biodiversity laws in NSW are incapable of protecting nature, let alone restoring it,” said NCC Chief Executive Officer, Jacqui Mumford.
“The government’s response indicates openness to heading in the right direction, and some important policy shifts.
“What we have seen today is a partial win for the environment movement with several reforms we have been asking for secured for implementation. However, the lack of urgency is a real problem.
“Real reform for runaway habitat clearing is set for beyond 2025.
“In the past year while the government response has been stuck somewhere in the halls of parliament, NSW will have lost another 95,000 hectares of habitat to runaway habitat clearing*. And now we are being asked to accept another year of delay?”
All statements attributable to NCC Chief Executive Officer Jacqui Mumford:
Habitat Clearing
“It is unequivocal that habitat clearing is the greatest threat to species in NSW, and that it also has a significant impact on our emissions.**
“We know that Australia’s East Coast is a deforestation hotspot of global proportions. Our existing laws are failing to protect nature or support landholders wishing to protect the important habitat on their property.
“Whilst we cautiously welcome the NSW Government demonstrating openness to going back to the drawing board on the deeply problematic land management framework, it’s disappointing that this crucial work won't even begin until 2025.
“We know the loopholes that are causing the problems. Every day we wait, up to 260 hectares of habitat are lost. That’s more than 360 soccer fields cleared every day.*
“Whilst we are frustrated at the long, drawn-out process, there is potential for real change if the NRC review is consultative, solutions focused, engages communities with opportunities in natural capital and biodiversity stewardship, and puts nature first.
“We are excited to see support for landholders to access emerging natural capital markets, and incentives for sustainable farming, protection and restoration practices for environmental assets.”
Biodiversity Offsetting
“We can see there are positive changes to the scheme overall, but we can also see some serious gaps in this response.
“It is good to see genuine steps to limit offset use, to avoid and minimise impacts, a reduction in harmful practices like discounting and exemptions, a transition to ‘net positive’ offsets and better data and transparency. But we haven’t made it to best practice yet.
“We want to see indirect offsets totally ruled out, and we want to see offsets absolutely required to be like for like.
“We need a working offsets scheme that actually prevents unsustainable development from going ahead.”
Other Biodiversity Conservation Act Reforms
“It’s very pleasing to see the government commit to developing a Nature Strategy which will set legal targets for conservation and restoration.
“We welcome that the Biodiversity Conservation Act will be brought into the modern day with new objectives that incorporate international commitments and consider Aboriginal cultural values and traditional knowledge, climate change and cumulative impacts.
“Better data, transparency and reporting across the board is something we have been calling for.
“We hope that the acknowledgment in the government response of the intrinsic relationship between biodiversity and Aboriginal culture and the benefits that flow from traditional care for Country, are actualised meaningfully in a reformed Biodiversity Conservation Act.
“It is essential that the practice of free, prior and informed consent is incorporated across all relevant legislation where there are biodiversity impacts.”
Statement ends
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: NCC CEO Jacqui Mumford is available for comment on request
References
* An average of ~95 000 ha statewide total per year (2018 – 2021 SLATS data)/ 365 for the hectares per day figure.
** Habitat clearing is a key threatening process listed in the Biodiversity Conservation Act. The 2021 State of the Environment Report recorded it as the single greatest threat to biodiversity in NSW. The 2023 Independent Review of the Biodiversity Conservation Act 2016 (the Ken Henry review) identified land clearing as a primary risk to biodiversity. Clearing accounts for about 10% of Australia’s emissions.