The regulation of biodiversity offsets in South Africa and Australia

Abstract

The concept of biodiversity offsets is the quantifiable conservation outcomes that derive from activities intended to compensate ongoing biodiversity loss resulting from development initiatives. They are meant to be used after appropriate precautions have been taken to prevent and minimise biodiversity loss at a development site. The study considers various international guideline documents that have been published in this regard. The mini dissertation compares the enabling legislation and the biodiversity offset policies and guidelines in South Africa and Australia. Australia already has experience and apply policies and legislation in this regard. South Africa can learn from this experience as South Africa relies on existing legal provisions in environmental legislation as the foundation for offset requirements due to the lack of a clear national policy on biodiversity offsets. The use of offsets in South Africa has repeatedly fallen short of achieving desired biodiversity objectives as set out in international guidelines. Subsequently a Draft Biodiversity Offset Policy and Draft Biodiversity Offset Guidelines were published. The Australian Commonwealth, state and local government levels published biodiversity offset policies and guidelines. The Australian national environmental framework legislation specifically provides for biodiversity offsetting while this is lacking in South Africa. This study proposes that regulations used in Australia can also be utilised in South Africa and thereby improve the current system of regulating biodiversity offsets.