Overview
The variation rules establish the types of biodiversity that can be used to offset impacts other than like-for-like offsets. The option to use these rules is limited to certain circumstances.
Seeking approval to use variation rules
The use of the variation rules is provided by the decision maker at the time of project approval through conditions of approval or consent.
Before applying the variation rules, a proponent must demonstrate that they have taken the reasonable steps set out in the guide
These steps are:
- checking the credit register for the required credits
- contacting landholders who have expressed interest in creating credits on the Credit Supply Register
- lodging an expression of interest on the Credit Demand Register.
The ancillary rules sets out the timeframes attached to these steps. See Ancillary rules.
Where variations rules cannot apply
Variation rules cannot be used to offset impacts on threatened species or threatened ecological communities listed in the Ancillary rules: impacts on threatened entities excluded from variation [PDF 58KB].
This includes all threatened species and threatened ecological communities listed as critically endangered under the Biodiversity Conservation Act 2016 (NSW) or the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
This restriction does not apply to the Biodiversity Conservation Trust.
Variation rules for native vegetation (ecosystem credits)
Where applicable, variation rules allow for impacts on native vegetation to be offset with vegetation in the same region as the impact (based on the IBRA region and subregions that are within 100 kilometres of the outer edge of the impacted site) and:
- where vegetation is in the same vegetation formation
- where vegetation is in the same or higher offset trading group
- if the impacted vegetation contained hollow bearing trees, the offset must also contain hollow bearing trees or artificial hollows.
Variation rules for threatened species not associated with a particular type of vegetation (species credits)
Impacts on threatened species not associated with a particular type of vegetation must be offset with threatened species in the same local area as the impact (based on surrounding IBRA subregions that are within 100 kilometres of the outer edge of the impacted site) and:
- if the impact relates to a threatened plant, the offset must be a threatened plant that is the same or more threatened under the Biodiversity Conservation Act
- if the impact relates to a threatened animal, the offset must be a threatened animal that is the same or more threatened under the Biodiversity Conservation Act.
For guidance on ecosystem credit retirement options for accredited assessors, proponents and consent authorities, download the practice note Offset rules and ecosystem credits [PDF 706KB].