Biodiversity Offsets Scheme
On 25 November, the biodiversity offsets scheme commenced for local development in the Lower Hunter (Cessnock, Newcastle, Port Stephens, Lake Macquarie and Maitland), Central Coast, Coffs Harbour, and Wollongong (West Dapto Urban Release Area).
From this date, any new application for development consent or modification to an approved development under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) will be subject to the biodiversity assessment requirements of the Biodiversity Conservation Act 2016 (BC Act).
The biodiversity offsets scheme will apply to local developments that are likely to significantly affect threatened species. These are defined as development that:
- impacts on an Area of Outstanding Biodiversity Value, or
- exceeds the biodiversity offsets scheme threshold, or
- is likely to significantly affect threatened species, ecological communities or their habitats according to the test of significance in section 7.3 of the BC Act.
Tools to help identify if the biodiversity offsets scheme applies to a local development are provided below.
A development to which the biodiversity offsets scheme applies will be required to apply the Biodiversity Assessment Method and produce a Biodiversity Development Assessment Report (BDAR) to accompany a development application.
The biodiversity impacts of developments that do not trigger the biodiversity offsets scheme will continue to be assessed under section 4.15 (formerly 79C) of the EP&A Act. Evidence that the biodiversity offsets scheme threshold is not triggered, and a test of significance (in accordance with section 7.3 of the BC Act) will accompany a development application to demonstrate that the biodiversity offsets scheme does not apply.