Laws meant to protect the environment in New South Wales are failing and unlikely to ever succeed unless substantially changed, according to a scathing review that warns half of the species under threat in the state are on course to become extinct within the next 100 years.
The independent review of the Biodiversity Conservation Act, released on Thursday, makes 58 recommendations to overhaul nature protections in the state and commit the government to preserving the environment for future generations.
It proposes major changes to land-clearing rules – including the creation of “no-go” zones where damage to the environment would be considered irreversible – and to the state’s biodiversity offset scheme, which the report found was “compromised”.
It comes after extensive reporting by Guardian Australia that revealed serious flaws and conflict of interest concerns in the offset system.
The environment minister, Penny Sharpe, said the government would consider the report’s recommendations and would “deliver on our election commitments to fix the biodiversity offset scheme, strengthen environmental protections and stop runaway land-clearing”.
The review found “diversity and quality of ecosystems is not being maintained, nor is their capacity to adapt to change and provide for the needs of future generations being enhanced”.
It found clearing of vegetation and intensifying land use had led to destruction of habitat across the state. It also found species and ecosystems were already being affected by climate change and weeds were out-competing native plants, taking over large areas of habitat.
“We cannot pretend that [the act] is ever likely to achieve its objectives,” lead reviewer Dr Ken Henry said. “Biodiversity is not being conserved.
“The natural environment is now so damaged that we must commit to ‘nature positive’ if we are to have any confidence that future generations will have the opportunity to be as well off as we are.”
The term “nature positive” means improving the environment through regeneration practices, rather than just stopping further degradation of landscapes. Many of the recommendations go to how this could and should be achieved in NSW.
Henry told Guardian Australia governments had to prioritise the environment above competing land uses including forestry, mining, agriculture and development by giving the department more resources and the act more power.
“That isn’t to say that those other land uses should not be taken into account but if you come to the position of deciding that the natural environment has been so heavily degraded that it is time to turn things around then you have no alternative but to give primacy to environmental considerations,” he said.
He said if the environment was not made the top priority for governments they were risking “at least 50% of GDP” due to the potential impacts of increasingly frequent and severe environmental issues on commercial uses of the land.
The report revealed about 83% of all land-clearing between 2018 and 2021 occurred for agriculture and native vegetation clearing and intensifying land use had led to the destruction, alteration and fragmentation of habitats across the state.
It also found the environmental laws were not meeting their purpose of maintaining a healthy, productive and resilient environment and were never likely to do so.
Biodiversity was at risk from population growth and climate change including more severe weather patterns, the proliferation of weeds, feral animals and stressed river systems.
The report predicted just half of the species currently under threat would survive the next 100 years.
It also found native forest logging was damaging forest ecosystems and the habitat of native species and was scathing of the state’s offset scheme.
“The integrity of the biodiversity offsets scheme is being compromised by payments being made into the biodiversity conservation fund rather than credits being sourced directly,” the report read.
The Greens’ environment spokesperson, Sue Higginson, said it was now “D-day for our precious environment” and called on the government to take swift and serious action.
“It is now or never for nature, we must prioritise protecting what is left and work to restore and regenerate nature before it is too late,” she said.
“The very laws that are meant to stop this are more than failing, they are facilitating biodiversity loss at unprecedented rates. Our environmental regulatory framework provides greater protection for developer interests than for our precious environment.”
The Environmental Defenders Office said the government must commit to root-and-branch reform of the laws.
“It’s hard to imagine a more damning assessment of the state’s most important biodiversity laws,” special counsel Cerin Loane said.
The review of the environmental laws was tabled in parliament alongside a review of the local land services act that made 13 recommendations.
Both reviews found the government’s consultation with Aboriginal people was lacking and needed to improve.
The agriculture minister, Tara Moriarty, said the government was committed to working with farmers in responding to the forestry recommendations.
“Our farmers have a strong connection with their land, and we’re committed to working with them to ensure they continue to achieve productive outcomes, while providing support to protect and conserve native vegetation,” she said.
