Biodiversity Offset Scheme
What is the Biodiversity Offset Scheme?
The Biodiversity Offset Scheme (BOS) applies to development and activity that will impact threatened species, endangered ecological communities, or their habitats. These impacts are regulated under the Biodiversity Conservation Act 2016 (NSW).
If the scheme applies, an accredited assessor must be engaged by the proponent to assess the biodiversity impacts and prepare a Biodiversity Development Assessment Report (BDAR). The BDAR is to be submitted with the development application.
Accredited Assessors are listed in the register; Find An Accredited Assessor.
The consent authority has a duty to consider the information in the BDAR when deciding whether to approve the development proposal and any appropriate conditions to mitigate the identified impacts.
To support Councils in exercising this duty, the NSW Government provides the on line portal, Sharing and Enhancing Environmental Data (SEED) which provides current information on threatened species and endangered habitats in Local Government Areas. Access the SEED portal here.
Identifying if the offset scheme applies.
Does the activity require development consent under Part 4 or Part 5 of the EP&A Act?
Check with your local Council whether the proposed activity is permitted with consent, and refer to the relevant Local Environmental Plan (LEP) land use table. The LEP is listed under Environmental Planning Instruments (EPIs) by local Government. Amalgamated Councils will still use both of the previous LEPs to determine the permissibility of the activity.
Note: This also includes modifications to existing development approvals.
Need Support? Use this online form to register your questions with the Department of Planning, Industry and Environment