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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 10 December 2018 to date (accessed 12 December 2018 at 17:19)
Part 7 Division 2
Division 2 Biodiversity assessment requirements
7.7   Biodiversity assessment for Part 4 development (other than State significant development or complying development)
(1)  This section applies to an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979, except:
(a)  an application for development consent for State significant development, or
(b)  an application for a complying development certificate.
(2)  If the proposed development is likely to significantly affect threatened species, the application for development consent is to be accompanied by a biodiversity development assessment report.
7.8   Biodiversity assessment for Part 5 activity
(1)  This section applies to environmental assessment under Part 5 of the Environmental Planning and Assessment Act 1979.
(2)  For the purposes of Part 5 of the Environmental Planning and Assessment Act 1979, an activity is to be regarded as an activity likely to significantly affect the environment if it is likely to significantly affect threatened species.
(3)  In that case, the environmental impact statement under Part 5 of the Environmental Planning and Assessment Act 1979 is to include or be accompanied by:
(a)  a species impact statement, or
(b)  if the proponent so elects—a biodiversity development assessment report.
(4)  If the likely significant effect on threatened species is the only likely significant effect on the environment, an environmental impact statement may be dispensed with and Part 5 of the Environmental Planning and Assessment Act 1979 applies as if references to an environmental impact statement were references to a species impact statement or biodiversity development assessment report.
7.9   Biodiversity assessment for State significant development or infrastructure
(1)  This section applies to:
(a)  an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 for State significant development, and
(b)  an application for approval under Part 5.1 of the Environmental Planning and Assessment Act 1979 to carry out State significant infrastructure.
(2)  Any such application is to be accompanied by a biodiversity development assessment report unless the Planning Agency Head and the Environment Agency Head determine that the proposed development is not likely to have any significant impact on biodiversity values.
(3)  The environmental impact statement that accompanies any such application is to include the biodiversity assessment required by the environmental assessment requirements of the Planning Agency Head under the Environmental Planning and Assessment Act 1979.
7.10   Regulations relating to amendments of lists of threatened species or ecological communities
The regulations may make provision for or with respect to the effect of amendments to the lists of threatened species and ecological communities during a biodiversity assessment under this Part.