Biodiversity offsets for major projects in New South Wales: proponents to get greater certainty and flexibility

摘要

The role and adequacy of biodiversity offsets in the approval process of major projects are contentious issues that have vexed the minds of proponents, consent authorities and the community alike. The process of determining the extent of a major project's impact on biodiversity values, and then quantifying and sourcing equivalent compensatory offsets to mitigate those impacts, is often complex. The issues were brought to the fore last year when the Land and Environment Court of New South Wales refused approval to the expansion of the Warkworth mine in the Hunter Valley. In overturning the Minister's approval, the court found, among other things, that the offsets and compensatory measures proposed by Warkworth were not adequate to compensate for the significant biodiversity impacts of the project: Bulga Milbrvdale Progress Association Inc v Minister for Planning and Infrastructure.