In our work with communities and environmental groups about renewable energy development in NSW, the potential environmental impacts of projects are consistently raised as a concern. There is a need to improve trust and confidence in the biodiversity offsets regime to support other key planks of NSW renewable energy policy, including Renewable Energy Zones, and to give the community confidence that the shift to renewable energy will be done well.
RE-Alliance welcomes the opportunity to comment on the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Regulation 2026 (Draft Regulation) and the associated Consultation Paper.
We provide specific comments on the draft proposals, but note the ongoing difficulty in commenting on individual proposals while information on some areas of reform remain outstanding. The success or otherwise of these proposals are intrinsically linked to their interaction with other elements of the Biodiversity Conservation Act 2016 (BC Act), the Biodiversity Conservation Regulation 2017 (BC Regulation), the Biodiversity Offset Scheme (BOS) methodology and guidelines, as well as changes to planning regulations.
While acknowledging some recent positive changes to the BOS, and a number of positive amendments proposed by this Draft Regulation, we are concerned that some proposals will lead to poorer environmental outcomes, for example proposed changes to the Biodiversity Values Map; or not give proper effect to the stated intent of the changes, for example changes around reducing reliance on the Biodiversity Conservation Fund (Fund). We also remain concerned that measures to strengthen application of the Serious and Irreversible Impact (SAII) provisions remain outside the legislative scheme. Stronger regulatory provisions are needed to provide a clear signal to industry on areas to avoid, thereby supporting better project siting and design, improved community confidence in the BOS, and faster environmental approvals.
