Part 4 - Development Application

EP&A Act 1979 Part 4 Development Consent is Required

If a development application involves clearing native vegetation, there are three tests which determine whether the ancillary clearing is likely to harm threatened species. If so, Council has a duty to ensure the harm is offset in the Biodiversity Offset Scheme (BOS) before consent is given. The tests are:

  • the two tests included in the Biodiversity Offset Scheme Entry Threshold report (BOSET),

  • the third test is the Test of Significance (ToS).

Any one of the tests alone may indicate that harm is likely and require offsetting through a BDAR.

For this reason applicants should apply the BOSET tests first to avoid doing a Test of Significance unnecessarily should either of the BOSET tests indicate that harm is likely.

Use the Biodiversity Values Map and Threshold Tool (BMAT) tool to generate the BOSET report.

Refer to the User Guide which is linked to the home page of the tool.

The three tests can be paraphrased as follows; (if the BOSET report indicates that either of the BOS Entry Thresholds have been exceeded do not answer question 3);

  1. Is the proposed development located on the Biodiversity Values Map?
    Use this map to search for the Lot and DP (select the blue ‘I want to’ button, search land parcel by Lot and DP)
    Refer to the User Guide linked to the home page of the tool
    Legislative references: Section 7.4 of the Biodiversity Conservation Act 2016; cl7.1 of the Biodiversity Conservation Regulation

  2. Is the proposed development going to exceed the clearing area thresholds?
    Use this tool to test the clearing area threshold.
    Refer to the User Guide and use the polygon tool to estimate the area of native vegetation to be cleared.
    Legislative references: Section 7.4 of the Biodiversity Conservation Act 2016; cl7.1 of the Biodiversity Conservation Regulation

  3. Is the proposed development likely to significantly affect threatened species?
    When the answer to both of the previous questions is ‘no’, use these guidelines to commission and review the Test of Significance to determine if the activity is likely to harm a threatened species.
    Legislative references: Section 7.3 of the Biodiversity Conservation Act 2016

If the answer is yes to ANY ONE of the three tests above, the Biodiversity Offset Scheme applies.

If the answer is No to ALL of these tests, Council may still apply the provisions of the Environmental Planning and Assessment Act 1979 and condition for local and site-specific environmental and biodiversity outcomes at their discretion, including cat curfews, species planting lists, local land use covenants, water use covenants etc. Other legislation, including Commonwealth law, may still regulate the removal of the vegetation.

Need Support? Use this online form to register your questions with the Department of Planning and Environment