This article is more than 3 years old

This article is more than 3 years old

The New South Wales government’s controversial biodiversity laws have passed their final hurdle in parliament, with farmers winning greater power to clear their land from next year.



The changes, which the government says were developed through a “rigorous, transparent, scientific and evidence-based process”, allow farmers more freedom to clear land without having to find equivalent areas of offsets.



Conservation groups have argued the bills significantly weaken wildlife, soil and water protections in the state, put 2.2m hectares of koala habitat at risk, allow a significant increase in broadscale clearing and increase the state’s greenhouse gas emissions.

Changes to land clearing laws in NSW break an election promise from Baird | Peter Cosier Read more

One of four scientific advisers on the government’s changes, University of Queensland biologist Hugh Possingham, resigned from the government’s independent biodiversity legislation review panel in protest, saying its advice was being ignored.

He warned that broadscale clearing could double in NSW as a result of the changes.

Farmers will be allowed to clear native vegetation without approval in many cases and others will have access to “offsets”.

In Possingham’s resignation letter he said that despite the government agreeing to adopt and implement all the recommendations of his panel, it did not do so.

“A key intent of the report is that broadscale land-clearing would only be possible through the biodiversity offsetting process,” he said. “Biodiversity offsetting, by definition, means no net decrease in the quality and quantity of native vegetation.”

Possingham said despite that, the proposed legislation contained “a series of “codes”, such as ‘the equity code’, that will enable broad-scale clearing of hundreds of hectares of native vegetation on individual farms without offsetting”.

As a result of the changes, as well as plans to continue allowing logging of native forests, a recent report by the National Parks Association said endangered koala populations in NSW were “under siege”.



“The NSW government is completely failing to conserve and protect koala habitat,” the report said. “Koalas can lay claim to be the most poorly managed species in eastern Australia at present – which is hugely disappointing in light of their beloved status.”

Mark Speakman, the state’s environment minister, said the reforms contained strong environmental safeguards, including sensible limits on clearing, offset requirements and exclusions.



“This legislation is supported by a record investment of $240m over five years in private land conservation, plus $70m per year after that,” he said.



“This is in addition to $100m for the Saving Our Species program.”



The effects of Queensland's land clearing are devastating. NSW must not follow | Martin Taylor Read more

NSW Farmers welcomed the changes, which it said were the “beginning of the long road to comprehensive reform”.



“We will be keeping a close eye on the reforms as outstanding elements are finalised and rolled out, including regulations and codes,” the association’s president, Derek Schoen, said.



“It’s extremely important that Local Land Services is resourced and ready to carry out its important functions to engage farmers on the ground,” he added.



The new laws, which are expected to come into force in 2017, will scrap three pieces of existing legislation: the Native Vegetation Act, the Threatened Species Conservation Act and the Nature Conservation Trust Act. Parts of the National Parks and Wildlife Act will also be repealed.

The Native Vegetation Act, which came into force in 2005 was designed to prevent mass land clearing and was largely successful in doing so. According to a WWF report, NSW experienced an 88-fold reduction in areas approved for clearing from 80,000 hectares per year (from 1998 to 2005) to 911 hectares per year (from 2005 to 2013).

However, the laws were deeply unpopular with farmers, who argued they should be entitled to clear trees on their own land without government permits.

Call for inquiry after Nationals MP urged land-clearing investigation be dropped Read more

The Coalition promised to review the laws when it came to power and in June 2014, appointed an independent biodiversity legislation review panel to recommend on changes to the laws.

In July 2014, NSW environment officer Glen Turner was shot and killed by farmer Ian Turnbull while he was investigating allegations of illegal land clearing. Turnbull was later tried and convicted of murder.



It prompted renewed debate on the laws with one Nationals MP, Andrew Fraser, blaming the murder on resentment felt by landowners to the Native Vegetation Act.

“It’s a tragic event that I think has been brought about by bad legislation,” Fraser said.

• Australian Associated Press contributed to this report