BACKGROUND
The Biodiversity Banking and Offsets Scheme (BioBanking) is a NSW Government scheme that allows businesses to 'offset' the negative impacts caused by development on the biodiversity values of any area.

Businesses or government agencies are able to buy 'biodiversity credits' to the same or greater value of the biodiversity lost as a result of a development. The biodiversity credits will be bought from landholders that have set up protected biodiversity areas, known as Biobanking sites.

The NSW Department of Environment, Climate Change and Water (DECCW) has established a three year Aboriginal specific project which aims to encourage and support Aboriginal landowners to participate in BioBanking. This program is known as Land Alive.

NSWALC's position in response to BioBanking
NSWALC is the approving body for a Local Aboriginal Land Council to enter into a BioBanking Agreement pursuant to section 40B of the Aboriginal Land Rights Act (ALRA).

NSWALC will continue to explore BioBanking within the context of a broader range of environmental and economically sustainable land use options on behalf of Local Aboriginal Land Councils.

Pursuant to the NSWALC Corporate Plan, NSWALC will continue to develop, and strengthen existing Government partnerships.

NSWALC will continue to develop an effective working relationship with the Department of Environment and Climate Change (DECC) through the Land Alive Program.

NSWALC will ensure that there continues to be prudent management and development of Aboriginal land, including the promotion and understanding of all environmental initiatives and opportunities that are available to Aboriginal land owners throughout NSW.

NSWALC will provide information throughout the LALC network that is supported by evidence-based research which demonstrates a sustainable pathway for sound economic development, Aboriginal training and realistic employment outcomes.

NSWALC is committed to informing the Local Aboriginal Land Council Network of key findings and recommendations from all research and expert advice that it has obtained.

NSWALC intends to build individual Local Aboriginal Land Council capacity and awareness in order for those Land Councils to make informed decisions in relation to the most appropriate and suitable land use options, including BioBanking.

NSWALC encourages all Local Aboriginal Land Councils to critically evaluate the advantages and disadvantages of BioBanking prior to entering into a BioBanking Agreement. This is important as BioBanking Agreements are in perpetuity and may, amongst other things, prohibit a Local Aboriginal Land Council from using their land for other purposes.

NSWALC will continue to consult with the Local Aboriginal Land Council Network to obtain feedback on the resources required to raise awareness and build community capacity in relation to BioBanking.

NSWALC will also provide, where possible, information that will assist LALCs in informing their decisions of other sustainable land use options and opportunities available to them.