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NCC welcomes first steps of reform for NSW biodiversity protections

MEDIA RELEASE
22nd November 2024 

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation has today welcomed passage of the NSW Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 as an important first step in reforming NSW nature laws. 

“We have been calling for reform of the broken scheme for many years, and today we finally have an important first step to deliver better protections for nature.” said NCC Policy and Advocacy Director, Dr Brad Smith.

Statements attributable to NCC Policy and Advocacy Director, Dr Brad Smith:  

“This Bill will finally create legal standards to make it clear that offsets should only be used as a genuine last resort, through the avoid and mitigate hierarchy - this is long overdue.”  

“It will also transition the scheme to achieving ‘net positive’ outcomes for biodiversity, something we urge the government to deliver as soon as possible.” 

“It is very encouraging to see the Government also recognise the need to consider ‘Part 5’ government development under the scheme, as the Minister said: “If the government expects the private sector to abide by biodiversity rules, we should do the same.” 

“We also welcome recognition of the need to reform the ‘serious and irreversible impacts’ provisions as part of the next tranche of work. This must be strengthened to prevent the destruction of irreplicable, high conservation value land. This is a crucial piece of puzzle to achieve nature positive outcomes in NSW.”  

“Despite today's progress, the biodiversity offsets scheme is still deeply flawed. We welcome the Minister’s comments that “There is a lot more work to be done do to get the scheme right. This is just the beginning”.  

“We look forward to working with the government and all sides of politics to rein in habitat clearing and strengthen protections for biodiversity.” 

ENDS 


NSW must strengthen Biodiversity Offset laws as threatened species list grows

MEDIA RELEASE
Friday 15th November, 2024

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, says the addition or uplisting of 48 species to the NSW threatened species list so far this year highlights the need for strong reforms to the NSW Biodiversity Offsets Scheme (BOS). 

The long-nosed potoroo, Curlew sandpiper, Gang-gang cockatoo and Large-eared pied bat are among the species added or uplisted this year.  

The NSW Government has introduced legislation to amend the BOS, which is expected to be debated next week. The BOS is heavily relied on in NSW’s biodiversity policy framework, however without clear protection for even the most at risk species and ecological communities, it is contributing to ongoing biodiversity decline and extinctions. 

As recently as October, financial units that represent the Gang-gang and its habitat were being actively traded on the BOS. This means that six months after it’s uplisting to endangered status, the BOS facilitated the net loss of Gang-gang cockatoo habitat to the tune of nearly $34,000 through the scheme. The Gang-Gang’s key threatening processes include loss and degradation of breeding and foraging habitat from rural and urban development.i 

Similarly, $2.7 million has changed hands from a developer through the BOS to facilitate the net loss of the endangered Large-eared Pied Bat’s habitat over the last 12 months. The Large-eared Pied Bat’s main threats are clearing and isolation of forest and woodland habitats, and loss of foraging habitat.ii  

The clearing of habitat, alongside invasive species and climate change are the key overarching threats to biodiversity in NSW. 

Quotes Attributable to NCC CEO Jacqui Mumford: 

“As the list of species moving towards extension continues to grow longer, we call on all sides of Parliament to work together and negotiate strong amendments to the Bill and make sure we give nature a fighting chance.” 

“Reform of the BOS is long overdue, however, the Bill as it stands falls short of what is needed, failing to address the fundamental flaws identified by multiple independent inquiries.” 

“The use of offsetting has always been a risky exercise, increasingly magnified as a species moves towards endangered status.  

Offsetting was supposed to be a last resort, but it has instead become the norm that a development can pay to destroy habitat. This is enabling extinction.”  

In order for the scheme to have integrity; and for species like the Large-eared Pied Bat and the Gang Gang to have a fighting chance. We recommend: 

  • offsets must be ‘like-for-like’  
  • indirect offsets and payments into the fund must be phased out  
  • loopholes for ‘Part 5 development’ must be closed  
  • and the destruction of irreplicable, high conservation value land must not be permitted under the scheme. 

 

APPENDIX 1 – List of new or uplisted threatened species by the NSW Threatened Species Scientific Committee, 2024 to date, as at 13 Nov 2024. 

Species 

Month Added 

Listing 

Northern long-nosed potoroo, Potorous tridactylus tridactylus 

Nov 

V 

Southern long-nosed potoroo Potorous tridactylus trisulcatus 

Nov 

V 

Viola improcera L.G.Adams, a herb 

Nov 

E 

The Hunter Valley delma, Delma vescolineata 

Oct 

E 

Eucalyptus fracta K.D.Hill, a tree 

Sep 

E 

Callitris oblonga subsp. parva K.D.Hill, a small tree/shrub 

Sep 

CE 

Callitris oblonga subsp. corangensis K.D.Hill, a tree 

Sep 

CE 

Eucalyptus fracta 

Sep 

V 

Curlew sandpiper Calidris ferruginea 

Aug 

CE 

Cassinia heleniae Orchard 

Aug 

E 

Pultenaea baeuerlenii F.Muell. Budawangs bush-pea 

Aug 

E 

Prostanthera palustris B.J.Conn swamp mint-bush  

Aug 

CE 

Latham's snipe Gallinago hardwickii  

Aug 

V 

Asian dowitcher Limnodromus semipalmatus 

Aug 

V 

Hibbertia cistiflora subsp. quadristaminea Toelken 

Aug 

E 

Hibbertia acaulothrix Toelken 

Aug 

E 

Acacia lanigera var. gracilipes Benth  

Aug 

E 

Asterolasia buxifolia Benth 

Aug 

CE 

Martin's toadlet Uperoleia martini Davies & Littlejohn 

Aug 

E 

Wollumbin hip-pocket frog Assa wollumbin  

Aug 

CE 

Pilotbird Pycnoptilus floccosus 

Aug 

V 

Kate's leaf-tailed gecko Saltuarius kateae 

Aug 

E 

Rainforest cool-skink Harrisoniascincus zia 

Aug 

V 

Long sunskink Lampropholis elongata Greer 

Aug 

CE 

Large-eared pied bat Chalinolobus dwyeri Ryan 1966 

Aug 

E 

Acacia beadleana R.H.Jones & J.J.Bruhl  

Aug 

E 

Xylosma parvifolia, a shrub 

June 

CE 

Bossiaea bombayensis, a shrub 

June 

CE 

Leionema scopulinum, a shrub 

June 

E 

Mastacomys fuscus mordicus Thomas, 1922 Broad-toothed rat  

May 

E 

Hakea dohertyi Haegi, a shrub  

May 

CE 

Olearia rugosa subsp. distalilobata Hawke ex Messina, a shrub - 

May 

E 

Hibbertia praemorsa Toelken, a shrub  

May 

E 

Hakea macrorrhyncha W.R.Barker, a shrub  

May 

E 

Eucalyptus stenostoma, a tree  

May 

E 

Pultenaea sp. Werrikimbe NP (L.M. Copeland 4477)  

Apr 

E 

White-throated needletail Hirundapus caudacutus  

Apr 

V 

Swamp skink Lissolepis coventryi  

Apr 

E 

Gang-gang cockatoo Callocephalon fimbriatum 

Apr 

E 

Pomaderris gilmourii N.G. Walsh var. gilmourii, a shrub  

Apr 

E 

Asterolasia rupestris subsp. recurva B.J. Mole, a shrub  

Apr 

CE 

Danhatchia copelandii D.L. Jones & M.A. Clem., an orchid 

Apr 

CE 

Homoranthus croftianus J.T. Hunter, a shrub 

Apr 

CE 

Eucalyptus boliviana J.B. Williams & K.D. Hill, a tree 

Apr 

CE 

Geniostoma huttonii B.J. Conn, a shrub  

Apr 

CE 

Veronica blakelyi (B.G. Briggs & Ehrend.) B.G. Briggs, a shrub  

Apr 

E 

Gentiana wissmannii J.B.Williams, a herb 

Apr 

CE 

Styphelia perileuca J.M. Powell, a shrub  

Apr 

CE 

V= Vulnerable; E= Endangered; CE=Critically Endangered. 

Source: NSW Threatened Species Scientific Committee final determinations (Link) 


Urgent interim action needed as NSW clears 570 football fields of habitat each day

MEDIA RELEASE
13 September 2024 

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has called on the NSW Government to act on its commitment to stop the runaway land clearing that is continuing to decimate NSW bush. 

NSW remains in the midst of an extinction crisis which will continue to gather pace until the root cause – widespread and unregulated destruction of our habitat encouraged by the former government – is addressed.   

The latest vegetation clearing data shows that clearing continues to devastate large swathes of habitat every year. In NSW, an equivalent of 300 times the Sydney CBD is cleared annually, or 570 football fields per day.  

The annual Statewide Land and Tree Study (SLATS) data released today shows, yet again, a shocking amount of habitat was cleared across the state, taking the average to 84,000 hectares of native vegetation (defined as trees, shrubs or woody vines, or understory and groundcover plants that have been relatively undisturbed since 1990[1]) being cleared every year for the past five years.  

Habitat clearing is, alongside climate change, the most significant threat to species in NSW[2], the worst ranked state in the country for protecting and restoring trees.  

Statements attributable to NCC Chief Executive Officer, Jacqui Mumford: 

“These new figures still show the urgent need for reform. Every day of inaction means more species are at an ever-growing risk of going extinct.” 

“Our nature laws in NSW are broken and unable to protect habitat.” 

“The government has asked the Natural Resources Commission to come up with new options to stop runaway habitat clearing and protect critical species. We are heartened by this process but concerned about the slow timeframe – interim action to protect critical habitat must be taken given the numbers we are seeing today.”[3] 

“Protecting critically endangered ecosystems is urgent and needs to happen yesterday.” 

“The existing Native Vegetation Code is an inappropriate regulatory tool for managing impacts on biodiversity in rural areas. It permits a completely unsustainable amount of clearing without any robust environmental assessment or approval requirements. The new data shows that we don’t know the circumstances under which nearly half of the non-woody vegetation clearing happened in 2022. It may be illegal clearing – we just don’t know.”[4]   

“Clearly the scope of ‘allowable’ vegetation clearing activities is too broad and open to misuse.” 

“We need urgent interim action to immediately protect critically endangered ecosystems. These precious places and the critters than rely on them cannot wait while the scale of reform we require is nowhere to be seen.” 

Statement ends 

Media contact: Amelia Mertha 

E: [email protected] Ph: 0408 036 870 

Note: NCC Political Advocacy Manager, Jaden Harris, is available for comment on request 

 

References 

[1] As defined in the NSW Vegetation Clearing Report 2021 https://www.environment.nsw.gov.au/topics/animals-and-plants/native-vegetation/landcover-science/2021-nsw-vegetation-clearing-report  

[2] https://www.soe.epa.nsw.gov.au/all-themes/land/native-vegetation#vegcover 

[3] See the Government’s NSW Plan for Nature in response to the review of the BC Act and native vegetation provisions of the local land services act here 

[4] In 2022, 46.6% of the total of non woody vegetation clearing is unallocated, and 11.8% of woody clearing is unallocated. Unallocated clearing is vegetation clearing for which the Department of Climate Change, Energy, the Environment and Water has not been able to identify a formal authorisation or is unable to presume authorised or allowable using visual cues in the imagery. See here 

 


NSW Government takes another step on road to biodiversity reform but nature can’t wait

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 


NSW budget neglects biodiversity

MEDIA RELEASE
June 18, 2024
 

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today expressed disappointment that the NSW budget has again failed to deliver for nature.  

In the middle of an extinction crisis, funding for ecosystem restoration and threatened species is going backwards.  

NSW habitat is so degraded it can only support 29% of the plants and animals it once did. 1043 plants and animals in NSW are currently listed as at risk of extinction, a 50% increase in 10 years.   

Without significant public investment to grow protected areas and restore degraded ecosystems, many of the ecosystems that make our state so special will simply collapse.  

The NSW Labor Government is spending just 1.61%* of the budget on the environment, which is even less than last year.   

“Labor came into power promising to turn the tide, and yet this is the second year in a row nature funding, as a percentage, has declined,” NCC Chief Executive Officer Jacqui Mumford said. 

Without a seismic shift in nature investment NSW will see more extinctions and fail to meet our ‘30 by 30’ Global Biodiversity Framework targets.”  

Statements attributable to NCC Chief Executive Officer Jacqui Mumford 

The nature deficit needs to be addressed by proper investment in NSW’s biodiversity.  

“Whilst Premier Chris Minns loves spruiking the beauty of NSW nature and posting selfies in pretty places, it’s clear biodiversity isn’t a priority for this government.  

“There is a substantial investment in renewables, but NSW needs to do a lot more to turn the biodiversity crisis around. 

“We need to recognise that we have a dual crisis and that spending on renewable infrastructure will not in itself stop extinction and the tragic loss of biodiversity occurring all around us.  

“The number of listed threatened species continues to rise. However not even half (~40%) of these species are being managed under the Saving our Species (SoS) program. Clearly more funding is needed. 

“Taxpayers are again footing the bill for the horrific destruction of our native forests, with no plans to follow Qld, Victoria and Western Australia and save the budget millions of dollars a year by ending native forest logging.”  

Propping up the industrial logging of our native forests is an ongoing financial burden to NSW taxpayers. In the last 3 years, the native hardwood division of Forestry Corporation has lost $44m. NSW remains the only mainland state without a plan to phase out native forest logging, this must change. 

Statement ends 

Background 

*Budget Paper Number 1, General government sector expenses by function shows Environmental Protection receiving $1,964m in 2024-2025, which represents 1.61% of total expenditure v 1.67% in the 2023-24 Budget v 1.73% in the 2022-23 budget.

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 


Tell the government: Stop Runaway Habitat Clearing

Send an email below telling Premier Chris Minns, Environment Minister Penny Sharpe and Agriculture Minister Tara Moriarty to stop runaway habitat clearing.

Edit the email with the points below to make a bigger impact or  sign it off and send it as it is.

  • The previous Carr Labor government took great strides to protect habitat, that was undone by reforms in 2016 which gave care for nature to the agriculture portfolio.  
  • However, your government has so far failed to come close to the environmental legacy of the previous Labor government, let alone develop even stronger protections that reflect the scale of the extinction crisis we are facing alongside the challenge of climate change.  
  • Habitat clearing is the leading threat to biodiversity in NSW. To end our species extinction crisis we must stop destroying habitat.  
  • More than half (29 million hectares) of all native forest and woodland in NSW has been lost since colonisation.  
  • Since coming to Government in 2023, around 95 000 ha of land has been cleared, stripping wildlife of their homes and releasing over 7 million tonnes of carbon each year - more than every household in Sydney.
  • It's widely recognised that the laws that are meant to protect nature in NSW are doing a terrible job. Last year, Ken Henry AC found they are not fit for purpose and called for a major reset in policy thinking. After 12+ months in office, the time to act is now. 
  • Right now, the regulatory system is rewarding destructive behavior and disadvantaging land stewards wishing to deliver for nature.   
  • It's absurd that agribusiness operators can simply tick a box and decide there is no environmental significance where they want to clear. It’s like getting a student to mark their own exam. 
  • The NSW community want to see their state Government doing more to protect and restore nature. This has been shown in numerus polls and is what we expect of a Labor government.  
  • NSW must also immediately stop Code-based clearing in all areas where vulnerable and endangered ecological communities are found. 
  • The NSW Government must outline a path to halt and reverse deforestation by 2030, remove the self-assessment clearing loopholes and give environmental considerations primacy in all relevant decisions.  
  • There is a better way to work with the land and look after people and Country together in NSW – one that values ecological diversity, supports landholders with restoration projects, holds bad actors to account, and empowers communities to protect the places they love. Making this vision a reality is the role we want to see our Government play. 

Polling shows record support for stronger nature protection laws

MEDIA RELEASE
May 9, 2024 

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today released polling that shows overwhelming support for stronger nature protection laws in NSW.  

The results of this representative sample of over 1000 NSW voters show that habitat clearing and climate change are people’s top concerns, and that 83% of voters want stronger nature protection laws. 

This comes on the back of the NSW Government’s Biodiversity Outlook Report, released on Wednesday, which found that across nearly every indicator, NSW’s biodiversity is in decline. Shockingly, the report predicted that without drastic action half of NSW’s threatened species will be lost.  

“This polling proves that the overwhelming majority of people in NSW want more action taken to protect the places we love,” said Clancy Barnard, spokesperson for Nature Conservation Council NSW, today.  

“This government came to power promising to ‘stop runaway land clearing’ and ‘fix the biodiversity offset scheme’.  

“So far, they have failed to even close the Barilaro-era self-assessment loopholes everyone agrees are a key driver of habitat loss, let alone develop stronger protections that reflect the scale of the extinction and climate crises.   

Statements attributable to NCC Spokesperson Clancy Barnard 

“Changing these nonsense laws, that allow virtually unfettered habitat clearing on freehold land, should be a no-brainer for the government – the laws are currently unfit for purpose, and changing them has broad support. 

“Our existing laws are failing to protect nature or support landholders wishing to protect the important habitat on their property.  

“It also places an unreasonable expectation on landholders - to undertake complex ecological assessments that take trained ecologists days, even with the use of sophisticated technologies.  

“We are calling on Ministers Sharpe and Moriarty, along with Premier Chris Minns, to change these laws and provide support and resources for Local Land Services and the Environment Department to work with landholders to help identify and protect areas ecological significance.  

“Environment minister Penny Sharpe is saying the Minns government has ‘boosted environmental protections to their strongest level yet’. This may be true in relation to the Environmental Protection Authority's expanded powers – but it is certainly not the case for native vegetation legislation. They were strongest under the former Carr government – a NSW Labor legacy that Minns should be embracing.  

“The laws are demonstrably broken, and the voters want change: the stage is now set for Premier Minns to show the community if he is serious about saving Koalas and threatened species. Will he rise to the occasion?” 

“We are urging the NSW government to heed the advice of the experts saying these laws need fixing and steer us out of this biodiversity crisis.” 

Media note: Our polling of a representative sample of NSW residents found: 

  •  73% of people say yes to this question: Would you support the NSW Labor Government re-introducing protections against habitat clearing that were scrapped by the previous Government? 
  • Only 29% of people answered yes to the question: 'Do you think landholders can and should be trusted to self-assess the ecological value of their land, before clearing it?' 
  • Climate change and habitat clearing are the issues of highest concern for NSW residents  
  • 80% of those polled were concerned about habitat clearing, including 52% who are extremely or very concerned.  
  • More than nine in ten NSW residents want to see the state government doing more to protect and restore nature.  
  • Three-quarters of NSW residents feel that government – both state and federal – aren’t doing enough to address environmental issues, and most want to see greater protections for important habitats and ecosystems.  

The vast majority want better laws to protect nature:   

  • 83% want stronger laws to protect nature  
  • 87% are in favour of meeting 30x30 nature positive targets 
  • 52% oppose biodiversity offsets 
  • Eight in ten would support banning all development in ecologically important areas. 

Statement ends 

Media contact: Anna Greer 
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482  

Note: NCC Spokesperson Clancy Barnard is available for comment on request 


Joint statement of the Alliance for Nature on NSW habitat clearing laws

1 May 2024 

The Alliance for Nature NSW is a coalition of leading environmental organisations working together to achieve the best possible outcomes for habitats and wildlife. Together, we represent 220 member groups or branches and around 250,000 supporters and landholders across the state. Our members and supporters consider improved controls on habitat destruction a high priority and are mobilised toward that goal.  

The Minns Labor Government came to power promising to “stop runaway land clearing” and “fix the biodiversity offset scheme”. The government also committed to doubling koala populations in this state. These critical reforms have been delayed and ignored, with concerning indications that some members of the Minns Cabinet are seeking to water down or simply not enact these election commitments.  

The environmental reputation of the government will be seriously harmed if urgent and effective action is not taken. NSW is in the midst of an extinction crisis which will continue to worsen unless the root cause – the widespread and unregulated destruction of our habitat encouraged by the former government – is addressed.  

Across the state, vegetation has degraded to the point where it can only support 30% of the biodiversity it could before British colonisation. More than half (29 million ha) of all native forest and woodland vegetation in NSW has been lost. 

Habitat clearing is, alongside climate change, the most significant threat to species in NSW, the worst ranked state in the country for protecting and restoring trees.  

Since coming to Government in 2023, around 95 000 ha of land and 100 million trees will have been lost, stripping wildlife of their homes and releasing over 7 million tonnes of carbon each year - more than every household in Sydney. Clearing of native vegetation is fundamentally in conflict with action to achieve a safer climate than the current trajectory predicts.  

Right now, those who stand to profit most have been 'self-assessing' the ecological value of land and then approving its destruction. There are no other scenarios in which a business owner or manager can simply give themselves regulatory approval for land use change and development. This preposterous exemption for landholders must be removed. 

The government has the opportunity to continue NSW Labor’s legacy of delivering environmental reforms. We can re-establish NSW as a leader in conservation and land management and make the most of the new technologies and knowledge that are increasingly recognising the critical role biodiversity plays in the long-term viability of our agricultural system.  

To do this, we urge the Minns government to look past the outdated narrative pushed by now irrelevant members of the Nationals party, and to a future for regional NSW where healthy ecosystems form the basis of flourishing regional economies.  

We are at the precipice of a new way of caring for Country. There is a better way to work with the land and look after people and Country together in NSW – one that values ecological diversity, supports landholders with restoration projects, holds bad actors to account, and empowers communities to protect the places they love. As a matter of urgency, we must reform the regulatory system that is rewarding destructive behavior and disadvantaging the many land stewards wishing to deliver for nature. 

We call for strong regulatory reform with support for landholders to work together across tenures and communities to restore habitats, corridors and landscapes and take advantage of the burgeoning world of biodiversity stewardship models.  

The NSW Government should immediately and publicly commit to measures which actively stem biodiversity loss and put the state on a path to being nature positive, including: 

  1. Re-affirming commitments to stop run away land clearing, remove the self-assessment clearing loopholes, make native vegetation management maps statutory and ensure NSW is on a path to have halted and reversed deforestation by 2030. 
  2. Immediately stopping Code-based clearing in all areas of vulnerable and endangered ecological communities, as well as critically endangered ecological communities, by expanding Category 2 - sensitive regulated land to include a broader range of sensitive and high conservation value areas. 
  3. Committing to giving environmental considerations primacy in decision making under all processes and at all scales – whether it is in relation to ending runaway land clearing across the state or to impacts on wildlife because of individual developments. 
  4. Preventing species going extinct, including regional extinctions, supported by a veto on developments that would worsen the state of a species and ecological community. 
  5. Embedding enforceable targets that protect, connect, restore and improve biodiversity, informed by comprehensive and accessible data. 
  6. Banning cash-for-habitat removal practices and other offset approaches that lead to a net loss of remnant habitat. 
  7. Working with conservation groups, First Nations community-controlled organisations, and farming communities to co-design the ways that NSW can ensure ventures into natural capital economies support communities and deliver for nature. 

Statement ends 

Further media statements available upon request.

Media contact: Anna Greer 
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482  


Koalas dying as NSW Labor stalling on habitat clearing loopholes

MEDIA RELEASE
April 23rd 2024 

The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today criticised the NSW Government for dragging its feet over inadequate regulations that allow unregulated habitat clearing on freehold land. 

A 2020 Parliamentary Inquiry found that habitat clearing laws in NSW would drive koalas to extinction by 2050. Yet since NSW Labor was elected, nothing has changed.   

Not long after the NSW Government took office Ken Henry released his review of the Biodiversity Conservation Act clearly finding it is not protecting biodiversity. We need to hear the government’s response with a commitment to addressing biodiversity loss.  

“A landholder can just tick a box saying there is no threatened species habitat on their land and then start clearing without any oversight,” said Nature Conservation Council NSW CEO Jacqui Mumford. 

“If you speak to any ecologist, they will tell you that without specialist training and knowledge it’s extremely unlikely people will accurately assess an area’s ecological value or be able to identify if endangered species like koalas are present on their land.  

“That means that every day reform is delayed, more koala habitat is destroyed, and these iconic species go further down the path of extinction.”  

Statements attributable to NCC Chief Executive Officer Jacqui Mumford  

“The Henry Review is perfectly clear that the Biodiversity Conservation Act doesn’t do what it set out to do – it doesn’t conserve biodiversity. We need to hear how the government intends to change that. 

“Time and again I’ve voiced the same obvious message – stop the destruction of koala habitat, because koalas need trees. 

“Meanwhile, koala habitat across NSW continues to be destroyed. 

“There is no requirement for an independent ecological assessment by a qualified ecologist on freehold land, before destroying habitat for endangered species such as koalas.  

“Landowners can simply determine that an area is not important for koalas and then bulldoze the lot.  

“This John Barilaro-legacy habitat clearing free-for-all should have been low-hanging fruit for the incoming Labor Government, but Agriculture Minister Tara Moriarty is stonewalling attempts to fix it. 

“It’s also extremely concerning how little we know about koala habitat being cleared on freehold land – there is no accurate data due to the ‘self-assessment loophole’ introduced by the former government. 

“One thing we do know is that this regulatory blind spot should have been one of the first things on Labor’s agenda when they took office. 

“Since the rollback of regulations in 2016 habitat clearing rates in NSW tripled. NSW are leaders in deforestation and it’s time we turned that around.”  

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 


Doublespeak with a devastating impact – proposal to destroy and burn forest bad for nature and the climate

MEDIA RELEASE
18
th March 2024  

The proposal to burn native forests to produce electricity has again reared its ugly head, this time seeking to capitalise on NSW’s 'do what you want’ approach to habitat clearing.  

Verdant Earth is seeking to secure 850,000 tonnes of wood per year from forests and bush in the Hunter region, in order to restart Redbank Power Station as a biomass generator (the burning of wood and other organic matter for fuel).  

The company has been making misleading claims to the media about the proposal, which if approved will lead to large scale habitat loss across the Hunter region.  

The Environmental Impact Statement for the project, currently available for public exhibition, also contains a range of deceptive and misleading claims, in particular that the proposal would “help decarbonise the electricity system” and “be ecologically sustainable”. 

The Nature Conversation Council of NSW, the state’s leading environmental advocacy organisation, vehemently refutes both claims, and is calling on the NSW Labor Government to deliver on their election commitment and disallow the burning of native vegetation for electricity.   

"It's extremely concerning that this polluting project is again rearing its head, and has progressed to the public exhibition stage” NCC CEO Jacqui Mumford said today.  

"It took a dedicated community campaign to stop them trying to use native forest timber, despite the clear health, environmental and climate impacts. Now they're back with a new plan to burn native forest by taking advantage of widely criticised land clearing rules. 

“They seem to have decided that calling the wood “invasive native species” makes it more appealing to the public. As always with this company, what they are saying simply doesn’t stack up.  

“There are barely any “invasive native species" in the greater Sydney, Hunter & Coastal regions, certainty not enough to run a power plant.  

“Instead, the substance of this proposal is to burn native forests, bush, grasses and regenerated paddocks that landholders wish to clear and have deemed “invasive” without oversight.  

"NSW Labor has had a longstanding commitment to close the National Party’s loophole that allows burning of native vegetation for electricity. So far, they have not acted upon this commitment.  

“We urge the government to close this loophole, deliver on their commitment and provide certainty for industry and our forests”. 

Statements attributable to Jacqui Mumford, NCC CEO. 

On Carbon Emissions.  

 Verdant incorrectly claims that because trees sequester carbon when they grow, burning them is ‘net zero’, however: 

  • Burning green wood chips emits 50% more CO2 per megawatt hour of energy produced than burning coal. See further research here 

  • The proposal is to use biomass from land that has been cleared, not in forests that are going to regrow.  

  • Even if the forests did regrow, logged forests store far less carbon than old growth forests, and they can take hundreds of years to sequester the carbon the logged trees stored. 

"Verdant Earth been trying claim that woodfire power is "green” or "net zero” since they purchased the mothballed Redbank coalfired power station.     

"How many times are we going to have to show that Biomass (the burning of wood for fuel) is not a net zero energy source.  

“It generates more emissions per megawatt hour of energy than coal, dives habitat clearing and deforestation, and undermines investment in genuinely clear energy technology.  

"If Verdant energy really wants to provide clean energy they should invest in proven technologies like wind and solar, rather than trying to burn wood and claim it's carbon negative."  

On the ecological impact.  

Verdant energy is seeking to exploit a loophole introduced by the former government that allows landholders to self-assess the ecological value of a piece of land, and then clear it with little to no oversight (see below). The NSW government is currently reviewing these laws. 

“Since these changes were introduced in 2016, habitat clearing rates on freehold land have tripled, with an area 4x the size of Newcastle lost each year.  

“Habitat clearing on freehold land is now the biggest cause of environmental loss in NSW, with 50 million trees and almost 100,000 hectares lost each year.   

It has labelled “the main threats to the survival of species" in the most recent NSW State of the Environment Report  

“This proposal will incentivise the clearing of even more habitat in the hunter region, further devastating fragmented and at-risk forest ecosystems”.  

The amount of biomass needed to power a power plant is massive – 850 000 tonnes is more woodchips that the entire native forest logging industry produced in NSW.  

The negative impacts on nature will be massive, with thousands of hectares of native forests and bush being cleared. The proposal acknowledges that logging and chipping will occur across a 300 km radius of the facility.   

Statement ends 

Media notes and background:  

Exemptions under the Protection of the Environment Operations (General) Regulation 2021 

*** Clauses in the Protection of the Environment Operations (General) Regulation 2021 prohibit the use of native forest biomaterials in electricity generation, but exempt certain types of native vegetation or woody waste from the definition of native forest biomaterials. 

 This enables exempt materials to be burned for the purpose of electricity generation. These exempt materials include 

  • materials from various types of plantation forests 

  • sawdust or other sawmill waste 

  • waste arising from certain wood processing or manufacturing activities 

  • trees cleared in accordance with a land management (native vegetation) code under Division 5 of Part 5A of the Local Land Services Act 2013 and all relevant Codes and Regulations (see Local Land Services). 

Part 5A of the Local Land Services Act 2013 contains the self-assessment loopholes that has led habitat clearing triple since 2016.  

A 2019 review by the Audit Office of NSW concluded that the new laws may not be responding adequately to environmental risks whilst permitting landholders to improve agricultural activities and identified significant delays in compliance and enforcement activity to address unlawful clearing. 

Also in 2019, a review of the Framework by the Natural Resources Commission, but not publicly released until late March 2020, found that: 

  • Clearing rates have increased almost 13-fold from an annual average rate of 2,703ha a year under the old laws to 37,745ha under the new laws 

  • Biodiversity in 9 out of 11 regions is now at risk 

  • Unexplained clearing has increased, with the NRC concluding “compliance frameworks are inadequate and high rates of clearing pose a major risk” 

In August 2020, Environmental Defenders Office released its report Restoring the Balance in NSW native vegetation law - Solutions for healthy, resilient and productive landscapes. The report identifies 10 areas of regulatory failure and sets out a law reform pathway with 27 recommendations for reform.  

Finally, in 2023 Ken Henry pointed to a lack of regulatory oversight in agricultural land clearing and inconsistent biodiversity outcomes in the statutory review of the Biodiversity Conservation Act (2016), in which he found that NSW nature laws are failing. 

The NSW Labor Platform states: 

Labor recognises that burning timber and cleared vegetation for electricity is not carbon neutral and is neither clean or renewable energy, and therefore forms no part of a credible strategy for reducing greenhouse gas emissions. Labor will introduce legislation prohibiting the burning of any forests and cleared vegetation for electricity. 

Data from the Drax power station in the UK shows that biomass burning has increased particulate pollution by 400 percent since switching four of six boilers from coal to forest derived biomass, while power output has remained constant.  

Further research on biomass as being bad for community health here

Previous NCC submissions