NSW Parliament has now passed the Biodiversity Conservation Amendment (BOS) Bill 2024

While we’re still waiting for the Nature Positive debate to resume in Federal Parliament, NSW Parliament has now passed the Biodiversity Conservation Amendment (BOS) Bill 2024.

Overall, the changes reinforce the need for developers to think about biodiversity from the get-go of project commencement:

• The biodiversity offsets scheme will transition to net positive biodiversity outcomes, which is likely to increase offset obligations. A government strategy will be prepared to give effect to this, and a transition period is likely – but given significant survey requirements, projects will likely need to be well advanced in order to take advantage of any transitional arrangements.
• The avoid, minimise and offset hierarchy will be strengthened. Proponents will need to demonstrate they’ve taken all reasonable measures to avoid, and then mitigate biodiversity impacts according to new standards. EMM’s advice? Consider biodiversity in project designs to avoid and minimise impacts wherever possible, and record and present how the project has changed in response to biodiversity constraints.
• The option of paying money into the Biodiversity Conservation Fund, in lieu of retiring biodiversity credits, may be limited by regulations. This could significantly increase risks of projects being able to commence on time. EMM’s advice? Start sourcing biodiversity credits early. Stewardship sites take around 2 years to go through approval processes so don’t leave sourcing credits until you have project approval.
• There may be ‘special treatment’ for some – the scheme may be modified for natural disaster responses or other exceptional circumstances. The government previously flagged considering a new offsets mechanism to meet the urgency of the Electricity Infrastructure Roadmap.
• Mining proponents will no longer be able to meet credit obligations with commitments to ecological mine site rehabilitation.

One change that was originally proposed that has not been adopted is the power for the Environment Agency Head to direct the accredited assessor in relation to the BDAR. EMM is pleased to see this change abandoned, having appeared in front of the legislative committee to oppose this proposed change.

Most of the changes require regulations to be adopted, which will probably occur around mid-2025. Get in touch to find out what these changes could mean for you.

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Connect with Steven Steven Ward Associate Ecologist sward@emmconsulting.com.au          LinkedIn	Connect with Katie Katie Diver Associate Ecologist kdiver@emmconsulting.com.au          LinkedIn	Connect with Jo Jo Ong Associate Director jong@emmconsulting.com.au    LinkedIn