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SUBMISSIONS NEEDED ON BIOBANKING – DEADLINE LOOMS

You can dowload the documents from the DECC website

 

The NSW Biobanking Scheme is now very close to implementation. We have one last chance to voice our opposition to a scheme that looks set to institutionalise and entrench the net loss of native vegetation in coastal areas throughout the state.

Submissions are currently being sought by DECC on the methodology and the regulations that will implement the Biobanking Scheme.

The details of the scheme are even worse than expected, and there is still more pressure from development interests to weaken it even further.

Please take the time to make a quick submission. We encourage everybody to have a say, because the scheme will fundamentally change threatened species protections in urban areas and have far-reaching implications for biodiversity.

There is no provision for public participation in the Biobanking Scheme, and since scrutiny by the community has played such an important role in threatened species protection in the NSW to date, this exclusion stands to have profound implications.

Submissions are due by 1st February 2008. See below for key points and how to make a submission.

Key concerns

  • The scheme will institutionalise the net loss of native vegetation. There are no mechanisms in place to prevent urban landclearing, and in that context this offsetting scheme will actually facilitate development.
  • The scheme allows offsets to be used even for the highest conservation value areas – it gives discretion to the Minister to vary ‘red flags’ and thus allow offsets for endangered communities and other irreplaceable areas.
  • The scheme completely ignores climate change impacts – it will allow developments to be approved in climate change corridors and refugia, and it will increase the vulnerability of species at risk from climate change.
  • The scheme allows developers to directly ‘buy’ an approval (biobanking statement) – money can be paid as an ‘environmental contribution’ to acquire an approval instead of offsetting. This arrangement lacks accountability and restraint and amounts to institutionalized corruption.
  • The scheme does not include any regulatory constraints on the uses that may apply to offset sites – there is no security that clearing and logging will not occur on biobank sites (offsets) some time in the future.
  • The scheme severely flouts the precautionary principle – it does not require fauna surveys prior to granting development approval, and will mean that lack of knowledge will result in destruction of threatened species habitats. The scheme provides flexibility to approve developments, but no flexibility to increase environmental protections.
  • Mining companies only have to purchase offset credits temporarily, and can later sell them on again once they have claimed to have ‘rehabilitated’ mine sites.
  • Many areas that are already protected through various forms of covenant will be able to be used as offsets by developers without additional measures being required to protect their values – so development approvals will be granted without any extra conservation action resulting.

Major points to make in a submission

  • This scheme should not go ahead unless, or until, a system is in place to prevent urban land-clearing in NSW.
  • The discretion to vary ‘red flags’ should be removed. No further wind-backs should be made in the definition of ‘red flags’ or ‘low condition’ vegetation.
  • Red flags should be expanded to include regional climate change corridors, stepping stones and refugia.
  • The regulation should prohibit the use of ‘environmental contributions’ as a means to acquire a biobanking statement.
  • The regulation should stipulate that all biobank agreements will expressly prohibit any clearing of native vegetation on biobank sites.
  • The scheme should require threatened species surveys on all proposed development areas, and assessments of vegetation under the scheme should be conducted by DECC staff rather than development consultants.
  • The credit deferment provisions allowing mines to avoid permanent offset provisions should be removed.
  • Areas with existing conservation covenants (ie voluntary conservation agreements, public positive covenants) should be excluded from identification as biobank sites. Stricter provisions should be placed on the use of public lands as offsets.

How to make a submission

Email submissions to: biobanking@environment.nsw.gov.au

Or post comments to:

Simon Smith

Deputy Director General
Department of Environment and Climate Change NSW
PO Box A290
Sydney South NSW 1232

All of the documents are available at the DECC website: http://www.environment.nsw.gov.au/threatspec/publicconsult.htm

There is a lot of detail in these documents, more than can be included in a quick letter-writing guide, so please have a look if you are interested.

These include:

  • The Biobanking Assessment Methodology
  • A Regulatory Impact Statement
  • A Compliance Strategy
  • The Biobanking Regulation
  • A Peer Review Paper in response to the Methodology
  • A Report from the Biobanking Pilot program run last year.

For more information, or more detailed submission points, contact Georgina Woods on 0249261641 or Carmel Flint on 0400521474.

 

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