Developers have a window of opportunity to select
whether the biodiversity offset obligations for their developments
will be assessed under the new offsets scheme or the former offsets
scheme, under the extensive transitional arrangements.
On 25 August 2017, the long-awaited biodiversity conservation
reforms commenced in NSW under the Biodiversity Conservation Act
2016 and other legislative instruments, including the Biodiversity
Conservation (Savings and Transitional) Regulation 2017.
We have examined the nature and scope of these reforms
in a separate article, focusing on the introduction of a new
Biodiversity Offsets Scheme and the Biodiversity Conservation
Trust.
To assist with the move to the Scheme, and following discussions
with a range of stakeholders, the Government has provided extensive
transitional arrangements in the Transitional Regulation.