AGY-7196 | Biodiversity Conservation Trust of New South Wales

Full description

Background
In June 2014, the Minister for the Environment appointed an independent Biodiversity Legislation Review Panel to conduct a comprehensive review of the key pieces of legislation that oversaw the protection of plants and animals across NSW. This included reviewing the Native Vegetation Act 2003, Threatened Species Conservation Act 1995, Nature Conservation Trust Act 2001, and those parts of the National Parks and Wildlife Act 1974 that relate to native plants and animals and private land conservation.

The Independent Biodiversity Legislation Review Panel presented its final report to the NSW Government in December 2014. The report included recommendations to improve the legislative and policy framework for biodiversity conservation and native vegetation management in NSW.

In 2015, the government committed to implementing all 43 recommendations in the report. In May 2016, the NSW Government released a draft package of land management and biodiversity conservation reforms in response to the review recommendations. The draft package included a draft Biodiversity Conservation Bill and a draft Bill to amend the Local Land Services Act 2013, as well as other supporting products. The draft package was on public exhibition from May to June 2016 to allow stakeholders and the community to have their say.

In November 2016, Parliament passed the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016. (1)

The Nature Conservation Act 2001 (Act No.10,2001) had created the Nature Conservation Trust of New South Wales from 29 June 2001 but that body did not represent the State of New South Wales and was not a public authority. That Act was repealed by the Biodiversity Conservation Act 2016. (2)

Biodiversity Conservation Trust
The Biodiversity Conservation Trust (BCT) was a statutory not-for-profit body established on 25 August 2017 under Part 10 of the Biodiversity Conservation Act 2016 to deliver private land conservation programs under Part 5 of the Act. The Trust also has roles in the NSW Biodiversity Offsets Scheme, under Part 6 of the Act. (3) The Biodiversity Conservation Trust was taken to be a continuation of, and the same body as the earlier Nature Conservation Trust of New South Wales. (4)

The Trust was a statutory body representing the Crown, subject to the control and direction of the Minister, except in relation to payments from the Biodiversity Conservation Trust Public Fund, and the Trust was to publish any directions given to the Trust by the Minister. (5)

The Trust's principal purpose was partnering with landholders to enhance and conserve biodiversity across NSW. The object of the Biodiversity Conservation Trust, as stated in the Act, was to protect and enhance biodiversity by encouraging landowners to enter into co-operative arrangements for the management and protection of the natural environment that is significant for the conservation of biodiversity; seeking strategic biodiversity offset outcomes to compensate for the loss of biodiversity due to development and other activities; providing mechanisms for achieving the conservation of biodiversity and promoting public knowledge, appreciation and understanding of the value of biodiversity and the importance of conserving biodiversity. (6)

The Trust was governed by the Board of the Trust. The Board of the Trust was to consist of not less than 5 members and not more than 11 members appointed by the Minister. The affairs of the Trust were to be managed by the Board. (7)

The Trust had the following functions:
(a) to negotiate, enter into and administer private land conservation agreements,
(b) to provide assistance to planning authorities in connection with applications for the biodiversity certification of land under Part 8 (including the provision in accordance with the regulations of loans and other financial assistance),
(c) to manage and control the Biodiversity Conservation Fund,
(d) to establish and maintain the Biodiversity Conservation Trust Public Fund,
(e) to raise money from organisations and the general public to help fund its activities,
(f) to use any gifts, devises, bequests or contributions received by the Trust for the protection and enhancement of biodiversity,
(g) to assist and educate landholders who propose to enter into agreements with the Trust,
(h) to provide technical, financial and other assistance to landholders generally, when the Trust considers it appropriate to do so, for the purpose of facilitating the achievement of conservation goals,
(i) to provide education to the public on issues of conservation, land management and ecological sustainability,
(j) to exercise functions under this Act that are delegated to the Trust,
(k) any other function conferred or imposed on it by this or any other Act or law.
The Trust also had the functions under the Act as the Fund Manager of the Biodiversity Stewardship Payments Fund (including its functions under the Act in connection with the operation of the biodiversity offsets scheme). (8)

In 2017 the Trust inherited the administrative control of agreements, refuge establishments and protection agreements from previous acts and agencies. (9)

The Trust was not able to employ staff in its own right. Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Trust to exercise its functions. (10)

In 2018 the Trust was lead by an Executive Director and Chief Executive with five branches, under the Director, Programs; Director, Regional Delivery; Manager, Communications and Engagement; Manager, Strategy and Governance; and, Manager, Funds and Financing. The Trust worked across seven regions: North Coast, Northern Inland, Central West, Western, Sydney Hunter, Murray Riverland, and South East. (11) At 19 September 2022 the Trust's structure, under its Chief Executive Officer, comprised four directorates headed by the Director, Regional Strategy; Director, Programs; Director, Strategy and Finance; and, Director, Partnerships and Investments. (12)

Endnotes
1. Biodiversity Conservation Trust website, Overview and history, https://www.bct.nsw.gov.au/overview-and-history (accessed 22 November 2022).
2. Nature Conservation Act 2001 (Act No.10, 2001), ss.8, 9; Commencement Proclamation (2001 No 459), NSW Government Gazette No.103, 29 June 2001, p.4444.
3. Biodiversity Conservation Act 2016 (Act No.63, 2016), s.10.1; Commencement Proclamation (2017 No 459), NSW Legislation Website, 25 August 2017; Biodiversity Conservation Trust, Annual Report, 2020/2021, p.10.
4. Biodiversity Conservation Act 2016, s.10.15.
5. Biodiversity Conservation Act 2016, s.10.2.
6. Biodiversity Conservation Trust, Annual Report, 2020/2021, p.10; Biodiversity Conservation Act 2016, s.10.4.
7. Biodiversity Act 2016, s.10.3.
8. Biodiversity Act 2016, s.10.5.
9. NRS-22223; Biodiversity Conservation Trust, Annual Report, 2017/2018, p.14 (for example, OEH).
10. Biodiversity Conservation Act 2016, s.10.10.
11. Biodiversity Conservation Trust, Annual Report, 2017/2018, pp.22 (map of regions), 27 (organisation chart).
12. Biodiversity Conservation Trust website, About Us, (organisation chart at 19 September 2022) https://www.bct.nsw.gov.au/who-we-are (accessed 22 November 2022).