Biodiversity assessment and approvals navigator

Question 1 – Are you carrying out a development that requires development consent from a council (under Part 4 of the Environmental Planning and Assessment Act 1979)?

Yes
No
Unsure

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

Question 2 – Are you carrying out an activity that does not require development consent and is to be carried out by or authorised by approval of a determining authority under Part 5 of the Environmental Planning and Assessment Act 1979?

Yes
No
Unsure

Note

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 a Minister is the determining authority under Part 5, the Minister is required to consult the Minister for the Environment if the activity is likely to significantly affect threatened species, unless the Minister has ‘opted in’ to the Biodiversity Offset Scheme by engaging an accredited assessor to prepare a Biodiversity Development Assessment Report. If the determining authority under Part 5 is not a Minister, the determining authority is not to carry out the activity or grant approval to carry out the activity if it is likely to significantly affect threatened species without obtaining the concurrence of the Environment Agency Head. However, concurrence from the Environmental Agency Head is not required if a Biodiversity Development Assessment Report has been obtained.

For Part 5 activities, 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 section 7.3 of the Biodiversity Conservation Act 2016. The biodiversity offset scheme threshold trigger does not apply.

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 a Minister is the determining authority under Part 5, the Minister is required to consult the Minister for the Environment if the activity is likely to significantly affect threatened species, unless the Minister has ‘opted in’ to the Biodiversity Offset Scheme by engaging an accredited assessor to prepare a Biodiversity Development Assessment Report. If the determining authority under Part 5 is not a Minister, the determining authority is not to carry out the activity or grant approval to carry out the activity if it is likely to significantly affect threatened species without obtaining the concurrence of the Environment Agency Head. However, concurrence from the Environmental Agency Head is not required if a Biodiversity Development Assessment Report has been obtained.

For Part 5 activities, 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 section 7.3 of the Biodiversity Conservation Act 2016. The biodiversity offset scheme threshold trigger does not apply.

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

Question 3 – Are you proposing to clear vegetation in a Sydney metropolitan or Newcastle local government area?

Yes
No
Unsure

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

Question 4 – Are you proposing to clear vegetation within a rural zone (except RU5)?

Yes
No
Unsure

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

Question 5a – Are you proposing to clear native vegetation?

Yes
No
Unsure

Note

Your clearing proposal will be regulated under Part 5A of the Local Land Services Act 2013. Visit the Land Management and Biodiversity Conservation website for more detail.

Unsure? Native vegetation is defined in section 60B of the Local Land Services Act 2013. Clearing of native vegetation is defined in section 60C of the Local Land Services Act 2013.

Visit Legislation NSW to view the Act.

Question 5b – Are you proposing to clear non-native vegetation on category 2 vulnerable regulated land within a rural zone (excluding RU5)?

Yes
No
Unsure

Note

Your clearing proposal will be regulated under Part 5A of the Local Land Services Act 2013. Visit the Land Management and Biodiversity Conservation website for more detail.

Note

Clearing of non-native vegetation within a rural zone that is not on category 2 vulnerable regulated land does not require approval under the LLS Act.

Unsure? Please note that on land described as category 2 vulnerable regulated land, non-native vegetation is to be treated as though it was native. Category 2 vulnerable land can be viewed at https://www.lmbc.nsw.gov.au/Maps/index.html?viewer=NVRMap

Question 6a – Is your proposed development fulfilling the purpose of a subdivision that was approved prior to 25 August 2017 in a R1 to R4, RU5, B1 to B8 or IN1 to IN3 zone?

Yes
No
Unsure

Unsure? This clause applies in circumstances where subdivision approval has been granted on land within the nominated zones and the purpose of the approved subdivision has not yet been realised

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).

Contact your local council to confirm that your land has been the subject of a subdivision application approved prior to 25 August 2017 in an appropriate zone. Council will also confirm whether the purpose of the subdivision has been realised and whether the your development is consistent with the purpose of the approved subdivision.

Question 6b – Will any part of your proposed development take place on land included on the Biodiversity Values Map? Note: The “parts” of a proposed development includes any land required for buildings, landscaping, access roads, bushfire asset protection zones, fencing and any associated infrastructure whether temporary or permanent.

Yes
No
Unsure

Note: The ”parts” of a development includes any land required for buildings, landscaping, access roads, bushfire asset protection zones, fencing and any associated infrastructure whether temporary or permanent.

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

Note

You will likely need to engage an accredited assessor to obtain a Biodiversity Development Assessment Report and provide this with your development application if your proposed development involves clearing native vegetation or certain other impacts.

Question 6c – Are you proposing to clear vegetation that is a risk to human life or property or dead or dying?

Yes
No
Unsure

Note

Special exemptions may apply. If the council is satisfied the vegetation to be cleared is a risk to human life or property, a permit under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 is not required. If the council or Native Vegetation Panel is satisfied the vegetation to be cleared is dead or dying and not required as habitat for native animals, a permit or approval under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 is not required. Contact your local council for advice on how to apply for this exemption.

Even though a permit or approval may not be required under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, a Biodiversity Conservation Licence may still be required from the Office of Environment and Heritage (OEH) if your vegetation clearing will:

* impact on a threatened species, ecological community or protected plant;
* impact on the habitat of a threatened species or ecological community; or
* cause harm to an animal that is a threatened species, part of a threatened ecological community or a protected animal.

Special exemptions may apply. If the council is satisfied the vegetation to be cleared is a risk to human life or property, a permit under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 is not required. If the council or Native Vegetation Panel is satisfied the vegetation to be cleared is dead or dying and not required as habitat for native animals, a permit or approval under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 is not required. Contact your local council for advice on how to apply for this exemption.

Even though a permit or approval may not be required under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, a Biodiversity Conservation Licence may still be required from the Office of Environment and Heritage (OEH) if your vegetation clearing will:

* impact on a threatened species, ecological community or protected plant;
* impact on the habitat of a threatened species or ecological community; or
* cause harm to an animal that is a threatened species, part of a threatened ecological community or a protected animal.

Unsure? Contact your local council for advice.

Question 6d – Are you proposing to clear vegetation on land in an R5, E2, E3 or E4 zone that is predominantly used for agriculture?

Yes
No
Unsure

Note

Special transitional provisions in the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 may apply. This exemption only applies until 25 August 2019.

For the exemption to apply, you must be in a local government area where the LEP had not adopted sub clause 5.9 (9) of the Standard Instrument before 25 August 2017. Contact your local council for advice on the LEP prior to this date.

It is also a condition of the exemption that the land be predominantly used for agriculture. Agriculture is defined in the Standard Instrument. Contact your local council for advice.

Even though approval may not be required under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, a Biodiversity Conservation Licence may still be required from OEH if your vegetation clearing will:
* impact on a threatened species, ecological community or protected plant
* impact on the habitat of a threatened species or ecological community
* cause harm to an animal that is a threatened species, part of a threatened ecological community or a protected animal.

Special transitional provisions in the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 may apply. This exemption only applies until 25 August 2019.

For the exemption to apply, you must be in a local government area where the LEP had not adopted sub clause 5.9 (9) of the Standard Instrument before 25 August 2017. Contact your local council for advice on the LEP prior to this date.

It is also a condition of the exemption that the land be predominantly used for agriculture. Agriculture is defined in the Standard Instrument. Contact your local council for advice.

Even though approval may not be required under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, a Biodiversity Conservation Licence may still be required from OEH if your vegetation clearing will: * impact on a threatened species, ecological community or protected plant
* impact on the habitat of a threatened species or ecological community
* cause harm to an animal that is a threatened species, part of a threatened ecological community or a protected animal.

Unsure? 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).

Question 6e – Will your proposed clearing of vegetation take place on land included on the Biodiversity Values Map?

Yes
No
Unsure

Unsure? Visit the Biodiversity Offset Scheme page to access the Biodiversity Offset Entry Threshold tool and use the BOSET User Manual to digitise your clearing footprint and get advice on whether it occurs on the Biodiversity Values Map.

Question 6f – Are you proposing to clear native vegetation on land included in the Biodiversity Values Map?

Yes
No
Unsure

Note

You will need to apply for an approval of the Native Vegetation Panel under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method to submit with your application for approval. The Native Vegetation Panel will use this report to consider whether to approve your vegetation clearing proposal.

The Native Vegetation Panel may delegate its approval role to a council. Check with your council whether a delegation has been made. If not, contact your closest Local Land Services office.

Note

You may need to apply for an approval of the Native Vegetation Panel under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

If you are clearing non-native vegetation and this clearing constitutes a prescribed biodiversity impact, you will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method to submit with your application for approval. The Native Vegetation Panel will use this report to consider whether to approve your vegetation clearing proposal.

The Native Vegetation Panel may delegate its approval role to a council. Check with your council whether a delegation has been made. If not, contact your closest Local Land Services office.

Prescribed biodiversity impacts are outlined in clause 6.1 of the Biodiversity Conservation Regulation 2017 and include:

(a) the impacts of development on the following habitat of threatened species or ecological communities:
    (i)karst, caves, crevices, cliffs and other geological features of significance,
    (ii)rocks,
    (iii)human made structures,
    (iv)non-native vegetation,
(b) the impacts of development on the connectivity of different areas of habitat of threatened species that facilitates the movement of those species across their range,
(c) the impacts of development on movement of threatened species that maintains their lifecycle,
(d) the impacts of development on water quality, water bodies and hydrological processes that sustain threatened species and threatened ecological communities (including from subsidence or upsidence resulting from underground mining or other development),
(e) the impacts of wind turbine strikes on protected animals,
(f) the impacts of vehicle strikes on threatened species of animals or on animals that are part of a threatened ecological community.

If in doubt, it is recommended that you seek advice from an accredited assessor or your local council.

You may need to apply for an approval of the Native Vegetation Panel under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

If you are clearing non-native vegetation and this clearing constitutes a prescribed biodiversity impact, you will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method to submit with your application for approval. The Native Vegetation Panel will use this report to consider whether to approve your vegetation clearing proposal.

The Native Vegetation Panel may delegate its approval role to a council. Check with your council whether a delegation has been made. If not, contact your closest Local Land Services office.

Prescribed biodiversity impacts are outlined in clause 6.1 of the Biodiversity Conservation Regulation 2017 and include:

(a) the impacts of development on the following habitat of threatened species or ecological communities:
(i)karst, caves, crevices, cliffs and other geological features of significance,
(ii)rocks,
(iii)human made structures,
(iv)non-native vegetation,
(b) the impacts of development on the connectivity of different areas of habitat of threatened species that facilitates the movement of those species across their range,
(c) the impacts of development on movement of threatened species that maintains their lifecycle,
(d) the impacts of development on water quality, water bodies and hydrological processes that sustain threatened species and threatened ecological communities (including from subsidence or upsidence resulting from underground mining or other development),
(e) the impacts of wind turbine strikes on protected animals,
(f) the impacts of vehicle strikes on threatened species of animals or on animals that are part of a threatened ecological community.

If in doubt, it is recommended that you seek advice from an accredited assessor or your local council.

Unsure? Native vegetation is defined in section 60B of the Local Land Services Act 2013. Clearing of native vegetation is defined in section 60C of the Local Land Services Act 2013.

Visit Legislation NSW to view the Act.

Question 7a – Will your proposed development involve clearing native vegetation (not including ‘Category 1’ land under the Local Land Services Act 2013) in excess of the area clearing thresholds?

Yes
No
Unsure

Note

The Biodiversity Offset Scheme applies to your proposed development. You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method and provide this together with your application for development consent. The consent authority will use this report to consider whether to grant consent and the conditions of consent, in accordance with the requirements of the Biodiversity Conservation Act 2016.

When calculating the amount of native vegetation being cleared for the Biodiversity Offset Scheme threshold, Category 1 land is not included in the calculation (section 7.4(2) of the Biodiversity Conservation Act 2016).

Unsure? Visit the Biodiversity Offset Scheme page to determine whether or not your development exceeds the biodiversity offset scheme threshold because it is exceeds the area clearing thresholds set out in the Biodiversity Conservation Regulation 2017 and detailed in the table below.

Note that the BOSET tool does not currently include vegetation mapping. All clearing estimates in these areas will have to be performed outside of the tool. The User Manual provides guidance on completing this step.

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

Question 7b – Will your proposed clearing of native vegetation exceed the area clearing thresholds?

Yes
No
Unsure

Note

The Biodiversity Offset Scheme applies to your clearing proposal. You will need to apply for an approval from the Native Vegetation Panel under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method to accompany your application. The Native Vegetation Panel will use this report to consider whether to approve your vegetation clearing proposal.

The Native Vegetation Panel may delegate its approval role to a local council. Check with your council whether a delegation has been made. If not, contact your closest Local Land Services office

Note

You may need to obtain a permit from your local council. Under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, the council may regulate vegetation clearing of this type using a Development Control Plan. Contact your local council for information on the Development Control Plan or other relevant instrument. Even though the council may not require a permit, a Biodiversity Conservation Licence may still be required from OEH if your vegetation clearing will:

* impact on a threatened species, ecological community or protected plant
* impact on the habitat of a threatened species or ecological community
* cause harm to an animal that is a threatened species, part of a threatened ecological community or a protected animal.

Unsure? Visit the Biodiversity Offset Scheme page and use BOSET User Manual to calculate your clearing footprint and get advice on whether your clearing exceeds biodiversity offset scheme threshold because it is exceeds the area clearing thresholds set out in the Biodiversity Conservation Regulation 2017 and detailed in the table below.

Note that the BOSET tool does not currently include vegetation mapping All clearing estimates will have to be performed outside of the tool. The User Manual provides guidance on completing this step.

Question 8 – Is your proposed development likely to significantly affect threatened species or ecological communities, or their habitats, or being carried out in a declared area of outstanding biodiversity value?

Yes
No
Unsure

Note

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 and submit it with your application for development consent. The consent authority (which may be your local council) will consider whether to grant consent to your development application and the conditions of any consent in accordance with the requirements of the Biodiversity Conservation Act 2016.

Note

You do not need to obtain a Biodiversity Development Assessment Report to submit with your development application. The consent authority (which may be your local council) will consider whether to grant development consent. Your application of the test under section 7.3 of the Biodiversity Conservation Act 2016 and evidence that your proposal does not trigger the offset scheme threshold must be included with your development application.

Unsure? You will need to engage a suitably qualified professional to undertake a test of significance in accordance with section 7.3 of the Biodiversity Conservation Act 2016.

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Biodiversity assessment and approvals navigator

What vegetation clearing assessment and approvals apply to me?

What is a Bushfire Asset Protection Zone?

What is a Bushfire Asset Protection Zone?

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