Extension for the Biodiversity Conservation Regulation 2017

Recently there has been an extension provided as a result of the new legislation which was implemented on the 25th of August 2017 in relation to the implementation of the Biodiversity Conservation Act and the Biodiversity Assessment Method Implementation time period.  The details of these extensions are detailed below.  This will provide developers of land more time for lodgement of Development Applications in relation to addressing the Ecological Assessments and Flora and Fauna Assessments that are required under the Biodiversity Conservation Act.  This extension grants provisions for new or existing applications to be assessed under Part 4 of the EPA&A Act.  This provides extensions until 25th August 2018 for the following designated local government areas

  • Camden,
  • City of Campbelltown,
  • City of Fairfield,
  • City of Hawkesbury,
  • City of Liverpool,
  • City of Penrith and
  • Wollondilly

We are here to assist our clients meet their time and development objectives by providing timely and profession service in relation to Flora and Fauna Assessments, Species Impact Statements and Biodiversity Offsets through the Biodiversity Assessment Method.  We provide Biodiversity Development Assessment Reports for our clients to assist in determining offsets required for the removal of listed vegetation and threatened species or their habitats

“The Minister for the Environment has made an amendment to the Biodiversity Conservation (Savings & Transitional) Regulation 2017 (BC (S&T) Regulation). The amendment extends to 6 months from commencement of the Biodiversity Act 2016 the period for which former planning provisions apply to local developments across the State. The amending regulation can be viewed online https://www.legislation.nsw.gov.au/regulations/2017-663.pdf and a summary of the key elements is provided below.

Transitional arrangements will continue to apply to activities under Part 5 of the EP&A Act, major projects and mining projects as outlined in the BC (S&T) Regulation.

Former planning provisions continue to apply

  • New applications for development consent or modifications to an approved development under Part 4 of the Environmental Planning & Assessment Act 1979 (EP&A Act) (not including State Significant Development) will continue to be assessed under former planning provisions until 25 February 2018 in most local government areas.
  • In the seven local government areas identified as Interim Designated Areas – Camden, City of Campbelltown, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Penrith and Wollondilly – new applications for development consent, or modifications to an approved development, under Part 4 of the EP&A Act will continue to be assessed under the former planning provisions until 25 August 2018.”
  • The Minister for the Environment will have until 25 February 2018 to declare additional Interim Designated Areas.
  • An amendment to the Biodiversity Conservation Regulation (Savings and Transitional) 2017 (BC (S&T) Regulation) is proposed to give effect to the intended policy that biodiversity impacts are only offset once.  OEH will keep stakeholders informed of the timing of this amendment.