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Biodiversity assessment and approvals decision support tool

Navigator: identifying your pathway for required biodiversity assessment and approvals 

The Biodiversity Conservation Act 2016, Local Land Services Amendment Act 2016, and the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 together regulate land management and biodiversity conservation in NSW.

Assessment and approval pathways for vegetation clearing activities will now depend upon the nature, location and extent of the vegetation clearing activity.

What vegetation clearing assessment and approvals apply to me?

Use the below questions to navigate the land management and biodiversity conservation framework to figure out which approvals apply to your activity

# Biodiversity Assessment and Approvals Tool Disclaimer


 

 

Likely Assessment Required


Your clearing proposal may require a permit from your local Council.

Contact your local Council for information on the Development Control Plan or other relevant instrument.

 

Likely Assessment Required


If you need help determining whether you are clearing ‘native vegetation’ the definitions are explained in s60B and s60C of Part 5A of the Local Land Services Act 2013.    https://www.legislation.nsw.gov.au/~/view/act/2013/51/part5a

 

Likely Assessment Required


Visit the NSW Planning Portal to search for planning information relating to your property and your local Council’s website to view the Local Environmental Plan (LEP) for planning controls in your area.

 

Likely Assessment Required


The Biodiversity Offset Scheme is optional for Part 5 proponents.  If the activity is likely to significantly affect threatened species a Species Impact Statement, or if the proponent chooses a Biodiversity Development Assessment Report, must be prepared. Where the proponent ‘opts in’ to the Biodiversity Offset Scheme by preparing a Biodiversity Development Assessment Report, concurrence is not required from the CE OEH.  In a Part 5 context an activity is likely to significantly affect threatened species if it is carried out in an area of outstanding biodiversity value or likely to significantly affect threatened species or ecological communities, or their habitats, according to the test in  s7.3 of the Biodiversity Conservation Act 2016.  The biodiversity offset scheme threshold does not apply.

 

Likely Assessment Required


Visit the Planning and Environment website for more information on assessments and approvals under Part 5 of the Environmental Planning and Assessment Act 1979.

 

Likely Assessment Required


If your property is within the Blacktown, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury-Bankstown, City of Parramatta, Cumberland, Fairfield, Georges River, Hawkesbury, Hornsby, Hunters Hill, Inner West, Ku-ring-gai, Lane Cove, Liverpool, Mosman, Newcastle, Northern Beaches, North Sydney, Penrith, Randwick, Rockdale, Ryde, Strathfield, Sutherland Shire, Sydney, The Hills Shire, Waverley, Willoughby or Woollahra local government area you should answer Yes to this question.

 

Likely Assessment Required


Your clearing proposal will be regulated under the Local Land Services Act 2016.  Visit the Land Management and Biodiversity Conservation website for more detail.

 

Likely Assessment Required


Visit the NSW Planning Portal to search for planning information relating to your property.

 

Likely Assessment Required


The Biodiversity Offset Scheme applies to your clearing proposal.  You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method.  Your local Council will use this report to consider whether to approve your vegetation clearing proposal as part of your development application in accordance with the requirements of the Biodiversity Conservation Act 2016.

 

Likely Assessment Required


Visit the Biodiversity Offset Scheme page to determine whether or not your development exceeds the biodiversity offset scheme threshold because it is located on the Biodiversity Values Map or triggers the area clearing thresholds set out in the Biodiversity Conservation Regulation 2017 detailed in the table below:

The area of impact needs to be calculated for the whole development. This includes buildings, landscaping, access roads, bushfire asset protection zones, fencing and any associated infrastructure.  The BOSET User Manual provides guidance on determining your area of clearing.

What is a Bushfire Asset Protection Zone?

Development on bush fire prone land will normally require the implementation of a set-back distance which is referred to as an asset protection zone. An asset protection zone (APZ) aims to protect human life, property and highly valued assets. It is a buffer zone between a bush fire hazard and buildings, which is managed progressively to minimise fuel loads and reduce the potential radiant heat levels. For more detailed information go to http://www.rfs.nsw.gov.au/plan-and-prepare/building-in-a-bush-fire-area/bush-fire-protection-measures/asset-protection-zones

 

Likely Assessment Required


The Biodiversity Offset Scheme applies to your clearing proposal.  You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method.  The Native Vegetation Panel, established under the Local Land Services Amendment Act 2016, will use this report to consider whether to approve your vegetation clearing proposal.  However, the Native Vegetation Panel may delegate their approval role under the Vegetation SEPP to a local Council.  Check with your Council whether they have accepted this delegation, if not, contact your closest Local Land Services Office.

 

Likely Assessment Required


The clearing will be governed by the SEPP and Councils Development Control Plans. Your clearing proposal may require a permit from your local Council.  Contact your local Council for information on the Development Control Plan or other relevant instrument.

You can also visit the visit the Biodiversity Offset Scheme page for more information on the Biodiversity Offset Scheme thresholds.

 

Likely Assessment Required


Visit the Biodiversity Offset Scheme page to determine whether or not your development exceeds the biodiversity offset scheme threshold because it is located on the Biodiversity Values Map or triggers the area clearing thresholds set out in the Biodiversity Conservation Regulation 2017 detailed in the table below:

 

Likely Assessment Required


The Biodiversity Offsets Scheme applies to your clearing proposal.  You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method.  Your local Council will consider whether to approve your vegetation clearing proposal as part of your development application in accordance with the requirements of the Biodiversity Conservation Act 2016.

 

Likely Assessment Required


The Biodiversity Offset Scheme does not apply to your clearing proposal. Your local Council will consider whether to approve your vegetation clearing proposal as part of your development application.  Your test of significance and evidence that your proposal does not trigger the offset scheme threshold must be included with your development application.

 

Likely Assessment Required


You will need to engage a suitably qualified professional ecologist to undertake a test of significance in accordance with s7.3 of the Biodiversity Conservation Act 2016.

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