ARTICLE · 08 APRIL 2014

NSW Biodiversity Offsets Policy for major projects released for consultation

Clayton Utz

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The new Biodiversity Offsets Policy for Major Projects will improve biodiversity offsetting for major project approvals.

AustraliaEnvironment

Brendan Bateman

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Key Points:

The aim of the new Biodiversity Offsets Policy for Major Projects is to clarify, standardise and improve biodiversity offsetting for major project approvals.

The role and adequacy of biodiversity offsets in the approval of major projects have long been contentious issues. The difficulty in determining the extent of impact on biodiversity of a particular project, and sourcing equivalent compensatory offsets to mitigate those impacts, was brought to the fore last year when the Land and Environment Court refused approval to the expansion of the Warkworth mine in the Hunter Valley, NSW, concluding that the offsets proposed to be provided by the proponent were inadequate (Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48).

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