Biodiversity Conservation Act 2016 No 63
Biodiversity assessment requirements
Biodiversity assessment for Part 4 development (other than State significant development or complying development)
Environmental Planning and Assessment Act 1979, except:This section applies to an application for development consent under Part 4 of thean application for development consent for State significant development, oran application for a complying development certificate.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.
Biodiversity assessment for Part 5 activity
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.For the purposes of Part 5 of theEnvironmental Planning and Assessment Act 1979 is to include or be accompanied by:In that case, the environmental impact statement under Part 5 of thea species impact statement, orif the proponent so elects—a biodiversity development assessment report.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.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
Biodiversity assessment for State significant development or infrastructure
This section applies to:Environmental Planning and Assessment Act 1979 for State significant development, andan application for development consent under Part 4 of theEnvironmental Planning and Assessment Act 1979 to carry out State significant infrastructure.an application for approval under Division 5.2 of theAny 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.
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.