Posted on March 7, 2025 by Katie Mortimer
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Commencement of amendments to the Biodiversity Conservation Act 2016
Amendments to the Biodiversity Conservation Act 2016 commenced today, following assent being given to the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 in December 2024 (Amending Act).
We detailed the amendments to the Act in our earlier post here.
Some provisions did not commence today. Those are the amendments to the Act that will require biodiversity assessment reports to assess the ‘genuine measures’ undertaken to avoid and minimise the impact of proposed development, activities or clearing. Presumably, this is to allow time for amendments to the regulations to be made that will make provisions for assessment standards against genuine measures are to be assessed, and potentially for savings provisions to be made so that all biodiversity assessment reports presently lodged and under assessment do not require updating.
Two savings provisions were inserted to the BC Act by the Amending Act that relate to the strategy for the transitioning of the biodiversity offsets scheme to net positive, and the application of amounts from the Biodiversity Conservation Fund.
There are no savings provisions for the other amendments that commenced today.
You can read the Commencement Proclamation for the Amending Act here.
To discuss this post please contact Katie Mortimer on 8235 9716.
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