New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.4

6.4 Biodiversity conservation offsets under scheme

(1) For the purposes of the biodiversity offsets scheme, the biodiversity conservation measures to offset or compensate for impacts on biodiversity values after any steps taken to avoid or minimise those impacts are as follows--

(a) the retirement of biodiversity credits,

(b) other actions that benefit the biodiversity values of the impacted land or other biodiversity values.

(2) The regulations may make provision with respect to the following (
"offset rules" )--

(a) the class of biodiversity credits to be retired,

(b) the other actions that qualify or do not qualify as biodiversity conservation measures,

(c) the circumstances in which biodiversity conservation measures may include a combination of the retirement of biodiversity credits and other actions.

Any such regulation may apply, adopt or incorporate a publication of the Environment Agency Head as in force from time to time.

(3) The other actions that benefit biodiversity values include--

(a) actions to conserve or enhance biodiversity (including threatened species and ecological communities), and

(b) actions for the purposes of research or education in relation to biodiversity, and

(c) actions under the Biodiversity Conservation Program under Part 4 or other government programs or policies for the conservation or enhancement of biodiversity.

(4) The regulations may set out the circumstances in which the ordinary rules for the determination of the number and class of biodiversity credits required as biodiversity offsets may be varied.