In our legal update dated 21 November 2008: Financiers, developers and consent authorities: Implementation of Biodiversity Banking and Offset scheme - just weeks away, we drew your attention to the imminent implementation of the scheme.

As a reminder, we advised that the practical implications of the biodiversity banking and offset scheme are as follows:

  • where a developer proposes to make an application for a biobanking statement they must:
  • undertake an assessment to determine if there will be any loss to the biodiversity values on the development site; and
  • provide the measures to be taken to improve or maintain those values
  • satisfying the 'improve or maintain' test may include the developer purchasing biobanking credits from landowners who have established biobanking sites
  • by using the published methodology, biodiversity values can be calculated to allow for the creation of biobanking credits, and
  • once the biobanking credits have been created, usually by landowners entering into a biobanking agreement, they can be traded or purchased by developers.

Implementation is now just around the corner

While the Department of Environment and Climate Change (DECC) cannot provide us with an exact date for completion of the accreditation process, it expects implementation to proceed by late February 2009.

The only stumbling block has been the accreditation of BioBanking Assessors who are responsible for undertaking the biobanking credit calculations that must be submitted with an application by a developer or landowner to the relevant consent authority.

DECC has been working to assist 58 applicants, mostly environmental consultants, to complete the BioBanking Assessors Course. An independent BioBanking Assessor Accreditation Panel, that comprises experts in the field of ecological assessment, is currently assessing all of the applicants for accreditation.

Guide to biodiversity assessments for developers

DECC has recently published the Biobanking Guide to Biodiversity Assessments for Developers. The guide is designed to assist developers in understanding the process involved in making an application for a biobanking statement as part of the development process.

The guide also:

  • assists developers in understanding the role of consent authorities and DECC in the assessment and preparation of biobanking statements; and
  • helps the developer to determine whether to select the biobanking option under the Threatened Species Conservation Act 1995 or the existing Part 7 test under the Environmental Planning and Assessment Act 1979.

The guide is available here.

Other matters

Registers for BioBanking Assessors and details of the accreditation process is available on DECC's website, or contact us for further information.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.