Below is a detailed, step-by-step guide to help you understand and manage the credit sale process under the New South Wales (NSW) Biodiversity Stewardship Scheme. This guide focuses on a direct sale from the credit owner (seller) to a developer (buyer). All references and links to the Biodiversity Conservation Trust (BCT) website and forms are included for convenience.

** Introduction** Selling biodiversity credits in NSW involves confirming your credits, finding a buyer, completing sale and transfer paperwork, and ensuring the credits are officially transferred in the Biodiversity Credits Register. The process can vary, but following each step carefully will help prevent delays.

Detailed Step-by-Step Guide

Step 1. Confirm Credits

Verify that your Biodiversity Stewardship Agreement is registered and your credits are correctly certified, supported by a Certified Biodiversity Stewardship Agreement and credit generation documents. Credits must already be registered with the NSW Biodiversity Conservation Trust (BCT), so they are typically ready for sale by the time you begin the sales process

Step 2. Negotiate Sale

Negotiate the sale terms with the developer, including price and payment conditions. While a Sale Agreement or contract of sale is not required by the NSW Biodiversity Conservation Trust (BCT), it is generally recommended to formalise the terms in writing to avoid disputes and ensure clarity. This private agreement between the landholder (seller) and developer (buyer) typically takes days to weeks to finalise, depending on the complexity and readiness of both parties.

Step 3. Prepare Transfer Form

Complete the official Biodiversity Credit Transfer Form, detailing the number and type of credits to be sold. This requires the Biodiversity Credit Transfer Form and proof of identity or capacity to sell. Forms are available on the BCT website and should be submitted to the BCT via the contact methods specified on their site (usually email or post). Preparation typically takes a few days, depending on the complexity of the sale.

Step 4. Execute Sale Agreement

Both parties sign the Sale Agreement and finalise payment arrangements. This involves retaining a fully signed Sale Agreement and proof of payment, such as a bank statement. The agreement is typically kept by both parties and does not need to be submitted to the BCT unless required as part of the credit generation or sale conditions. This step is often completed immediately upon agreement or within the specified settlement period.

Step 5. Submit Transfer to BCT

Lodge the completed transfer form with the NSW Biodiversity Conservation Trust (BCT) to officially change the ownership of credits. This requires a signed Transfer Form and any supporting documents, such as land title information if requested. Forms should be submitted directly to the BCT via email or their portal; refer to the BCT’s contact details for the correct submission method. Processing typically takes a few days to weeks, depending on the BCT’s workload.

Step 6. Updated Register

The NSW Biodiversity Conservation Trust (BCT) will update the public Biodiversity Credits Register, listing the developer as the new credit owner. Once the transfer is finalised, you will receive a confirmation notice, and the BCT will update the register with the new ownership details. These updates are typically published shortly after the transfer is processed, usually within a few days to a few weeks.

Step 7. Final Compliance (Optional Step)

If the developer intends to use the credits for an offset requirement, they may retire or acquit them as proof of compliance. This requires submitting a Credit Retirement Request, if relevant. The request is lodged by the developer (or their consultant) with the NSW Biodiversity Conservation Trust (BCT), following the instructions provided on the BCT website. The timeframe for this step depends on the developer’s project timeline.

Additional Tips

• Accuracy: Ensure your forms and supporting documents are accurate to avoid delays.
• Communication: Maintain open communication with the developer and the BCT to clarify requirements.
• Legal Advice: Seek legal advice for drafting the Sale Agreement or if you have complex credit situations.

4. Important Links & References

NSW Biodiversity Conservation Trust (BCT) How to transfer credits Offers resources on biodiversity stewardship, credit generation, and credit trading.

NSW Department of Planning and Environment Provides general information on the Biodiversity Offsets Scheme.

5. Disclaimer This guide is for general information only and does not constitute legal or financial advice. Please consult with qualified professionals for specific guidance on your individual circumstances.