Key Issues in Biodiversity Offset Law and Policy: A Comparison of Six Jurisdictions

Abstract

Biodiversity offsetting is the process whereby the negative impacts of development on biodiversity are compensated for by the intentional production of positive environmental impacts of an equivalent magnitude and (usually) kind. Academic literature and practical experience have identified a series of key issues which offsetting gives rise to, including the application of the mitigation (avoid-minimize-offset) hierarchy, the goals of offsetting, limits to offsetting, establishing equivalence, the duration of offsets, proximity of offsets to the original disturbance, the use of averted losses as offsets, and issues of administration and oversight. This study reviews the policy treatment of these issues in six jurisdictions where offsetting has been recognized: Canada (with respect to fisheries), the Canadian Province of British Columbia, Germany, New Zealand, the United States (with respect to wetlands), and the State of Victoria, Australia (with respect to native vegetation).

Keywords: Biodiversity, Offsetting, Law, Canada, British Columbia, Germany, New Zealand, United States, Victoria, Australia, equivalency, non-offsettability, mitigation hierarchy