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Biodiversity offsets

Straterra resource for biodiversity offsets - an emerging approach to mitigation of adverse effects of development on native species and ecosystems   

Mining aims to be environmentally responsible. This must be seen to be the case. New approaches to managing the effects of development on native speces and ecosystems hold promise. The most rigorous is the biodiversity offset.

Biodiversity offsets allow for mitigating the effects of development on biodiversity at one site by creating or enhancing biodiversity at another site to achieve overall "no net loss" or "net gain" in biodiversity, measured using ecological indicators, e.g. composition, structure and function.

When managing effects, reasonable steps should first be taken to avoid, remedy and/or mitigate effects on site. Biodiversity offsets would be available for mitigating the residual effects of development only after the "mitigation hierarchy" has been followed.   

Straterra, in partnership with the Department of Conservation and Solid Energy New Zealand, convened a seminar for industry on 16 March 2011, in Wellington, on biodiversity offsets. The event was attended by 15 companies including electricity generators, and was hosted by Buddle Findlay New Zealand Lawyers.

The participation of Anderson Lloyd Lawyers, Mainpower and Tonkin & Taylor is also acknowledged.

View seminar background information

View seminar programme, access presentations, and for more international links. 

The concept of biodiversity offsets has gained new impetus with the NZ Government's proposed National Policy Statement on Indigenous Biodiversity. The reader's attention is drawn to Policy 5 (and Schedule 2), in which biodiversity offsets are the only mechanism to be made available for managing the effects of development in areas covered under Policies 1-4.

Policies 1-4 of the proposed NPS provide for the identification of areas containing significant vegetation or habitats containing significant species (section 6 (c) of the Resource Management Act 1991), and the listing of these areas in statutory plans. Currently councils draw on non-statutory guidance when determining sginficance.

Public consultation on the proposed NPS on Indigenous Biodiversity has closed. Stratera provided a submission. The Ministry for the Environment is leading finalisation of the NPS. This is due to occur after the Government has formulated a response to Wai 262 - the Treaty claim on indigenous flora and fauna and cultural intellectual property. The Waitangi Tribunal's report on Wai 262 was completed in July 2011.    

The Department of Conservation is leading research & development of biodiversity offsets in New Zealand. The Biodiversity Offsets Programme has the support of a number of government agencies and has a further 18 months to run. Five different models for offset design are being trialled at each of three sites.

Biodiversity offsets are a subset of "environmental compensation", as defined in case law under the Resource Management Act 1991. Other approaches include negotiated agreements and financial payments for biodiversity conservation.

Relevant legislation in New Zealand includes: Resource Management Act 1991, Crown Minerals Act 1991, Conservation Act 1987 (Part IIIb and section 16A), Wildlife Act 1953, Crown Pastoral Lands Act 1998.