Disparity in biodiversity offset regulation across Australia may reduce effectiveness

ABSTRACT

Biodiversity offsets are a mechanism for allowing economic development to proceed while ensuring that this is not to the detriment of environmental and social values. In order to achieve this, biodiversity offsets need to include environmental, social and economic aspects in an equitable and effective way. Australian legislation and policy relating to biodiversity offsets was reviewed and rated according to the level of equity and effectiveness, in terms of transparency, measurability and enforceability, to achieve outcomes. In all jurisdictions, gaps were found in the transparency, measurability and enforceability of offset regulations. In particular, the Commonwealth, having the overarching responsibility for the protection of biodiversity, was found to be lacking in the ability to fill these gaps. These gaps could result in a loss of biodiversity and ecosystem function and services, as well as having economic repercussions for communities and developers. It also raises questions as to whether Australia is meeting its obligation as a signatory to the Convention on Biological Diversity and its ability to meet the corresponding Aichi Targets (and the subsequent Global Biodiversity Framework).

KEYWORDS:

• Offset
• biodiversity
• environmental policy
• environmental legislation
• environmental condition

Acknowledgement

The authors would like to acknowledge the reviewers for their comments and suggestions. This research forms part of a PhD submission and has been funded by an Australian Government Research Training Program Scholarship.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 The term ‘developers’ refers to those private and/or public companies, government and other organisations that seek to undertake an action that will have, or has the potential to have, a significant negative impact on the environment.

2 The term ‘communities’ refers here to those persons, collective or individual, that will be physically, socially, culturally or otherwise affected by an action that will have, or has the potential to have, a significant negative impact on the environment.