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ARTICLE · 17 SEPTEMBER 2017

Ready or not: Time to transition to the new biodiversity conservation framework for NSW

As many of the transitional arrangements to the reforms are quite detailed, this article provides a simplified overview.

AustraliaEnvironment
Tom Dougherty (Formerly With Clayton Utz)
Tom Dougherty (Formerly With Clayton Utz)
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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.

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