The conservation of biodiversity, and in particular threatened species, is an important part of protecting our natural heritage and maintaining sustainable, productive landscapes. In NSW more than 1000 native species, populations and ecological communities are threatened with extinction. As a consequence both the NSW and Commonwealth governments introduced legislation relating to the protection of threatened species:
The TSC Act commenced on 1 January 1996 and replaced the Endangered Fauna (Interim Protection) Act 1991. For a brief overview of the TSC Act see Legislation, schedules and registers.
In line with section 157 of the TSC Act, the objectives of the legislation are currently being reviewed. Find out more about the review and how you can participate.
The Department of Environment, Climate Change and Water (DECCW) is responsible for administering the TSC Act, which aims to protect terrestrial threatened species, populations and ecological communities. The protection of threatened fish and marine vegetation is the responsibility of the Department of Industry and Investment.
DECCW provides advice and undertakes species recovery, threat abatement and community education programs and research to ensure that threatened species are protected. There are occasions when the department will also use the enforcement tools available in legislation.
What the TSC Act does
The main objectives of the TSC Act are to:
- conserve biological diversity and promote sustainable development
- prevent the extinction of native plants and animals
- protect habitat that is critical to the survival of endangered species
- eliminate or manage threats to biodiversity
- properly assess the impact of development on threatened species
- encourage co-operative management in the conservation of threatened species
The TSC Act achieves these objectives through the following:
A scientifically robust and independent listing process
Listing species, populations and ecological communities is the foundation of the TSC Act. Listing decisions are made by the independent NSW Scientific Committee and must be made in accordance with the criteria set out in the Threatened Species Conservation Regulation.
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Habitat protection
Habitat loss, fragmentation and degradation are the most significant causes of species loss. To conserve biodiversity and reverse its decline it is important that the habitat of those species, populations and ecological communities at greatest risk of extinction is protected. This does not mean that all development in threatened species habitat must stop. The TSC Act provides a vehicle to improve degraded environments, protect areas of high conservation value and areas critical to the survival of threatened species.
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Species recovery and threat abatement
Developing strategies to tackle biodiversity loss requires the identification and understanding of the threatening processes that lead to the extinction of species, populations and ecological communities such as weeds, feral animals and climate change. To guide recovery and threat abatement actions the TSC Act provides for the preparation of a Threatened Species Priorities Action Statement (the PAS) which outlines actions to recover species and manage threats. Conventional approaches to recovery planning have focused on a single species approach. The TSC Act provides flexibility to adopt a multi-species or ecosystem approach to threatened species recovery.
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Integrating threatened species into the land use planning and approval systems
The sustainable use of land and natural resources is one of the most important influences on the presence and diversity of native plants and animals. In NSW, our planning system provides a sound basis for strategic land-use planning that achieves a balance between development and biodiversity conservation. The TSC Act provides for threatened species considerations to be fully integrated within the strategic planning and development control processes of the Environmental Planning and Assessment Act 1979; and natural resource management legislation, such as the Native Vegetation Act 2003.
The TSC Act requires that developments likely to have a significant effect on threatened species prepare a Species Impact Statement (SIS). To assist proponents with this process DECCW has developed the Assessment of Significance guidelines (PDF95kb).
As part of the amendments to the TSC Act introduced in 2005, the Minister for Climate Change and the Environment granted biodiversity certification on the native vegetation reform package. This means that approved property vegetation plans (PVPs) under the Native Vegetation Act will not require a separate threatened species licence.
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More Information
DECCW has a range of information sources including databases with information relating to threatened species and other native plants and animals.
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