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Biodiversity Law:

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Biodiversity law aims to preserve the complex environmental equilibrium between the various animal and plant life that may co-exist in a given locality and which creates a unique ecological balance among all living things in that locality. Disturbing this balance can have seriously deleterious effects on the local flora and fauna, can potentially threaten the habitat of any endangered species, and even cause harm to local industry and agriculture, either directly or indirectly.

There are international and local laws that effect an individual’s or a company’s obligations in respect of biodiversity law. Many of the issues that will be considered in disputes, or questions relating to biodiversity obligations, may consider the particular application of the concept or “common concern of humankind” to the circumstances of each individual case. Entities that will deal with biodiversity law on a regular basis may include:

  • State forestry agencies;
  • National Parks and Wildlife Services;
  • Department of Infrastructure, Planning and Resources.
  • Councils;
  • Developers;
  • Mining and resource companies;
  • Farmers and farming corporations;
  • Other individuals and businesses whose activity may have an impact on the local environment.

Biodiversity regulation mechanisms may well impact on the manner in which some businesses, industries and property developers can conduct their affairs. It is prudent to understand one’s liabilities in respect to biodiversity law, before embarking on any project or design.

Navado Lawyers and Solicitors can assist in outlining and elucidating your rights and responsibilities by liaising with the professional association in which you do business, the relevant state department that governs or administers activity in your industry, and any relevant Council or other regulatory body which assesses or monitors the requirements that may attach to the land you occupy or intend to occupy. We offer legal representation for alternative dispute resolution processes such as mediation, arbitration or conciliation and can also provide advice and assistance in connection with any litigation concerning issues relating to biodiversity law.

Biodiversity Certification and Biobanking Statements

The Threatened Species Conservation Act 1995 (NSW) allows the Environment Minister to provide “biodiversity certification” in relation to some development projects. The certification can be made in relation to environmental planning instruments or the “native vegetation reform package”. The practical effect of biodiversity certification is that developers of land will not require the production of a species impact statement for development consent approval. Biobanking statements will also exempt a developer from having to provide a species impact statement. These are voluntary programmes and therefore involvement is not mandatory.

Other issues relating to Biodiversity Law

Biodiversity issues may involve dealings with or in Crown Lands. For more information about Crown Land, see our section on “Crown Land Interests”.

Likewise, biodiversity concerns will be intimately tied in with other legal areas of concern to developers. Some of these will include issues outlined in the following sections:

  • “Environmental Impact Assessment”;
  • “Species Impact Statement”; and
  • “Native Species Legislation”.

If you are involved in any transaction involving issues of biodiversity law, there will be a variety of important legal considerations that could need to be thought about before you finally decide what is to be done in your case. Our property & environmental lawyers have been assisting parties for over a decade and we have acquired the expertise and experience needed to guide you through any biodiversity issue you may encounter.

If you would like to discuss any of the matters described above, you can contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to arrange an appointment.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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