STATEMENT: NSW Government takes a step towards stronger nature laws

The Government’s response to the 2023 Henry Review of the Biodiversity Conservation Act 2016 makes several positive commitments for nature, including creating a NSW Nature Strategy and reviewing the biodiversity conservation program to support the goals of no new extinctions and restoring threatened species and ecosystems.

HSI Australia also welcomes the commitments to enhance support for private land conservation programs and to remove the ability for mining companies to claim biodiversity outcomes because of a commitment to future mine site rehabilitation.

But the absence of a commitment to give biodiversity legislation primacy, as recommended by the Henry Review, means it is unclear whether many of the Government’s other commitments will actually deliver on-ground benefits for wildlife and their habitats.

“It is extremely disappointing that the Government is not proposing to create clear red lines that prevent deforestation and protect our most precious wildlife habitat,” said HSI Australia’s, Dr Megan Kessler.

“Creating certainty about those areas of nature we simply can’t afford to lose benefits both our wildlife and industry that is seeking to undertake nature positive developments because proponents can be clear on what areas need to be protected.”

HSI Australia is also concerned that despite the recent Independent Pricing and Regulatory Tribunal (IPART) recommendation to phase out the pay-to-destroy offset payments scheme, the Government has only committed to limit payments “in certain circumstances” – a move that will do nothing to prevent a backdoor to extinction.

The NSW Government came to power promising to reform the biodiversity offsets scheme, to end excess land clearing and strengthen environmental protections. While today’s response goes some way to meeting those commitments, HSI Australia believes there is still a long way to go if our NSW nature laws are to reverse the current extinction crisis.