Biodiversity Conservation Act 2016 (NSW)

Biodiversity Conservation Act 2016
Parliament of New South Wales
  • An Act relating to the conservation of biodiversity; and to repeal the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001 and the animal and plant provisions of the National Parks and Wildlife Act 1974.
Passed byLegislative Council
Passed16 November 2016
Passed byLegislative Assembly
Passed17 November 2016
Royal assent23 November 2016
Commenced23 November 2016
Legislative history
First chamber: Legislative Council
Bill titleBiodiversity Conservation Bill
Introduced byNiall Blair
First reading9 November 2016
Second reading15 November 2016
Third reading16 November 2016
Second chamber: Legislative Assembly
Bill titleBiodiversity Conservation Bill
Member(s) in chargeMark Speakman
First reading16 November 2016
Second reading17 November 2016
Third reading17 November 2016
Related legislation
Threatened Species Conservation Act 1995, Nature Conservation Trust Act 2001, National Parks and Wildlife Act 1974
Status: Current legislation

The Biodiversity Conservation Act 2016 (BC Act) is a state-based act of parliament in New South Wales (NSW).[1] Its long title is An Act relating to the conservation of biodiversity; and to repeal the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001 and the animal and plant provisions of the National Parks and Wildlife Act 1974.[2] It supersedes the Threatened Species Conservation Act 1995, and commenced on 25 August 2017.[3][4]

The purpose of the Act was to effect biodiversity reform in New South Wales, in particular to provide better environmental outcomes and reduce burdensome regulations.[3][5] The Act lists many more purposes under the rubric of "ecologically sustainable development" than the former Act, and specifically mentions "biodiversity conservation in the context of a changing climate".

As of May 2021 and since mid-2019, the BC Act is administered by the NSW Department of Planning, Industry and Environment.[6]

Threatened Species Scientific Committee

Division 7 of Part 4 of the BC Act established the Threatened Species Scientific Committee, which can provide advice to declare species, populations, and ecological communities as endangered.[7] Under the Biodiversity Conservation Act 2016, the Scientific Committee has declared various threatened species including the alpine she-oak skink (Cyclodomorphus praealtus) and the alpine tree frog (Litoria verreauxii alpina),[8] while the Scientific Committee has determined "Eastern Suburbs Banksia Scrub" to be a critically endangered ecological community.[9]

The main functions of the Threatened Species Scientific Committee include:[6]

  • Assessing the risk of extinction of a species in Australia and deciding which species should be listed as critically endangered, endangered, vulnerable or extinct in NSW;
  • For species that are not listed as threatened species, deciding if there are populations of those species that should be listed as threatened in NSW;
  • Assessing the risk of extinction of an ecological community in Australia and deciding which ecological communities should be listed as critically endangered, endangered, vulnerable or collapsed ecological communities;
  • Deciding which key threats to native plants and animals should be declared key threatening processes under the Biodiversity Conservation Act 2016 (BC Act); and
  • Reviewing and updating the lists of threatened species, populations and communities and key threatening processes in the schedules of the BC Act.

References

  1. ^ "Biodiversity Conservation Act 2016". NSW Legislation. NSW Government. 15 May 2020. Retrieved 28 June 2020.
  2. ^ "Biodiversity Conservation Act 2016 No 63: Long title". NSW Legislation. NSW Government. 15 May 2020. Retrieved 28 June 2020.
  3. ^ a b "How to navigate the complexities of the NSW Biodiversity Conservation Act 2016". Eco Logical Australia. 9 April 2017. Retrieved 28 June 2020.
  4. ^ "About the Biodiversity Conservation Act 2016". NSW Government. Dept of Planning, Industry & the Environment. 25 September 2019. Retrieved 28 June 2020.
  5. ^ "About the Biodiversity Conservation Act 2016". NSW Environment, Energy and Science. Retrieved 28 June 2020.
  6. ^ a b "NSW Threatened Species Scientific Committee". NSW Environment, Energy and Science. Department of Planning, Industry and Environment (NSW). Retrieved 15 May 2021. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0)
  7. ^ "Biodiversity Conservation Act 2016 (As at 15 May 2020 - Act 63 of 2016)". Australasian Legal Information Institute (AustLII). 25 March 2021.
  8. ^ Scientific Committee. 2016. Index to NSW Threatened Species Scientific Committee: Index to Final Determinations – 1996 –2018. Retrieved 1 September 2018
  9. ^ Scientific Committee. 2016.Preliminary Determination: Eastern Suburbs Banksia Scrub. Retrieved 1 September 2018.