The Biodiversity Conservation Act 2016 (NSW) (BCA) is the main legislation regulating the protection of threatened species, ecological communities, and biodiversity in NSW. It replaced the Threatened Species Conservation Act 1995 and introduced new mechanisms such as the Biodiversity Offsets Scheme and the Biodiversity Assessment Method (BAM).

A BDAR is required when a proposed development is likely to significantly impact biodiversity values, such as when it triggers the Biodiversity Offsets Scheme Threshold, or when it occurs on land mapped as High Biodiversity Value Land. A BDAR must be prepared by an accredited BAM assessor and submitted as part of the development application.

The NSW EPA is the primary environmental regulator responsible for enforcing pollution control, regulating activities under the Protection of the Environment Operations Act 1997 (POEO Act), issuing orders, fines, and licences, and monitoring compliance with environmental standards related to air, water, noise, and waste.

The Biodiversity Offsets Scheme requires developers who cannot avoid or reduce ecological impacts to compensate for those impacts. They can do this by buying biodiversity credits from conservation sites or by funding conservation work through the Biodiversity Conservation Trust. The offsets must deliver environmental gains that balance the biodiversity lost through the development.

Clearing on rural land is regulated under the Local Land Services Act 2013 (NSW) and associated regulations. Some clearing can occur under self-assessable codes, but more significant clearing requires approval from Local Land Services or may trigger assessment under the Biodiversity Conservation Act 2016.

The Flora and Fauna Guarantee Act 1988 (Vic) (FFG Act) is the main biodiversity conservation statute. It protects threatened species, ecological communities, and key threatening processes through listing, action statements, controls, and habitat protections.

The Environment Protection Act 2017 (Vic) introduces a general environmental duty (GED) requiring individuals and businesses to take reasonable steps to prevent harm to human health and the environment. It overhauled prior EPA regulation to focus on prevention, risk management, and stronger enforcement.

Victoria regulates native vegetation clearing under the Planning and Environment Act 1987 and related planning rules. The framework follows the avoid, minimise, and offset approach. First, clearing should be avoided. If it cannot be avoided, impacts should be minimised. Any remaining loss must be offset through approved biodiversity offsets.

NSW uses the Biodiversity Offsets Scheme, where developers buy biodiversity credits generated by stewardship sites. Victoria uses a native vegetation offset system that balances losses through habitat hectares and species specific offsets. NSW relies on a formal credit market under the Biodiversity Conservation Act 2016, while Victoria uses planning provisions tied to habitat loss metrics.