Biodiversity Conservation Act 2016 (NSW)

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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". Species, populations, and ecological communities are declared endangered on advice from the Threatened Species Scientific Committee established by Division 7 of Part 4.[6]

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),[7] while the Scientific Committee has determined "Eastern Suburbs Banksia Scrub" to be a critically endangered ecological community.[8]

The main functions of the Threatened Species Scientific Committee include:[9]

  • 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.

As of May 2021 and since mid-2019, the BC Act is administered by the NSW Department of Planning, Industry and Environment.[9]

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. ^ Jump up to: 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. ^ "Biodiversity Conservation Act 2016 (As at 15 May 2020 - Act 63 of 2016)". Australasian Legal Information Institute (AustLII). 25 March 2021.
  7. ^ Scientific Committee. 2016. Index to NSW Threatened Species Scientific Committee: Index to Final Determinations – 1996 –2018. Retrieved 1 September 2018
  8. ^ Scientific Committee. 2016.Preliminary Determination: Eastern Suburbs Banksia Scrub. Retrieved 1 September 2018.
  9. ^ Jump up to: a b "NSW Threatened Species Scientific Committee". NSW Environment, Energy and Science. Department of Planning, Industry and Environment (NSW). Retrieved 15 May 2021. CC-BY icon.svg Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0)

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