Part 5 - Reviewing Environmental Factors
The BOSET tests do not apply to Part 5 in the same way that they apply to Part 4. Rather, the environmental assessment processes inherent in Part 5 of the Environmental Planning and Assessment Act 1979, already address impacts on biodiversity. These require the concurrence of the Environment Agency Head and usually involve a Species Impact Statement (SIS) and associated management activities. In this way, the BOS only applies to Part 5 in the circumstances outlined below. Apply these considerations as part of the Review of Environmental Factors (REF);
Is the proposed activity to be carried out in an Area of Outstanding Biodiversity Value?
Note: As of 18 October 2022, there are no Areas of Outstanding Biodiversity Value (AOBV) in the REROC-RAMOC Council areas.
Read more about the AOBV declaration process.
View the register of AOBV.
Legislative references:
Part 3 of the Biodiversity Conservation Act 2016;
Clause 3.1 of the Biodiversity Conservation Regulation 2017;Is the proposed activity likely to significantly affect threatened species?
The environmental impact assessment, including the Review of Environmental Factors (REF), is prescribed by Part 5 of the Environmental Planning and Assessment Act 1979 and Part 8 of the Environmental Planning and Assessment Regulation 2021. As part of the REF, use these guidelines to commission and review a Test of Significance to determine if the activity is likely to harm a threatened species. The Test of Significance was previously known as the 7 part test and is the same test that was always applied to Part 5 assessments.
Legislative references:
Section 7.3 of the Biodiversity Conservation Act 2016Part 5 of the Environmental Planning and Assessment Act 1979
Part 8 of the Environmental Planning and Assessment Regulation 2021
Note: Rather than apply the Test of Significance, a proponent may choose to immediately opt in to the Biodiversity Offset Scheme and complete a Biodiversity Development Assessment Report (BDAR) instead. This may prove to be more cost effective and enable the project to commence sooner.
If the answer is yes to either of the two questions above, there are two options as follows:
Option 1
Prepare a Species Impact Statement (SIS) in consultation with Department Planning, Infrastructure and Environment (DPIE)
Concurrence is required from DPIE prior to Council approval for the activity;
Council must seek and comply with the Chief Executive of DPIE’s requirements for SIS .
Council will refer the application to DPIE and the Director General will issue the Secretary’s Environmental Assessment Requirements (SEARs) including requirements for the SIS for each activity. Council will work with the applicant to ensure those requirements are addressed in preparing and consenting to the SIS in the context of the broader application. The SIS must be prepared in accordance with Part 5 of the EP&A Act 1979 and the BC Act 2016.
Legislative references:
Section 7.12(3) of the Biodiversity Conservation Act 2016
Clause 7.6 of the Biodiversity Conservation Regulation 2017
Option 2
Opt in to the Biodiversity Offset Scheme
If the activity is likely to impact threatened species or their habitat a proponent may choose to immediately opt in to the Biodiversity Offset Scheme and complete a BDAR rather than apply a Test of Significance or undertake an SIS. This may prove to be more cost effective and enable the project to commence relatively quickly. The project can commence as soon as the offset is retired which can involve simply entering into an agreement with the Biodiversity Conservation Trust to buy the necessary offsets on behalf of the applicant. The proponent may also choose to apply the Test of Significance to more fully understand the likely impact on Threatened Species.
Need Support? Use this online form to register your questions with the Department of Planning, Industry and Environment