Biodiversity Offset Scheme and Biodiversity Assessment Methodology

March 3, 2020 Ryan Sims

BIODIVERSITY OFFSET SCHEME (BOS) AND BIODIVERSITY ASSESSMENT METHOD (BAM)

Assessment and approval pathways for vegetation clearing activities will now depend upon the nature, location and extent of the vegetation clearing activity.

The Biodiversity Offsets Scheme (BOS) is a framework to avoid, minimise and offset impacts on biodiversity from development and clearing, and to ensure land that is used to offset impacts is secured in-perpetuity.

There are two key elements to the Biodiversity Offsets Scheme:

Developers and landholders who undertake development or clearing, generating a credit obligation which must be retired to offset their activity.
Landholders who establish a biodiversity stewardship site on their land, generating credits to sell to developers or landholders who require those credits, to securely offset activities at other sites.

The NSW Biodiversity Conservation Act 2016 (BC Act) now requires most ecological assessments in NSW to use the new Biodiversity Assessment Method (BAM). The BAM can be used to either:

determine the impact of activities on all biodiversity values through the generation of impact credits, or
determine the biodiversity gain from management actions through the generation of credits on a Biodiversity Stewardship Sites.

Development that is subject to the BAM includes development requiring consent under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) (excluding complying development) and State Significant Development and State Significant Infrastructure. Development activities under Part 5 of the EP&A Act can voluntarily apply the BAM, however it is not mandatory.

As detailed above, most developments impacting on biodiversity values will require the BAM to be applied, however some projects will be exempt. Exemptions apply to Part 4 only, specifically developments or activities where:

the clearing area is within the clearing threshold; and
the development is not located in an area identified on the “Biodiversity Values Map” and
the development is not to be carried out in a declared area of Outstanding Biodiversity Value; and
the development is not “likely to significantly affect threatened species” using the 5-part Test of significance under the BC Act.

What vegetation clearing assessment and approvals apply to me?

The below form has been formulated from office of local government website. Answer the questions below to navigate the land management and biodiversity conservation framework to figure out which approvals apply to your activity.

BIODIVERSITY OFFSET SCHEME (BOS) AND BIODIVERSITY ASSESSMENT METHOD (BAM) QUESTIONNAIRE

QUESTION 1: Is your development/ property in NSW

Yes - continue to Question 2

No - the BOS and BAM does not apply

QUESTION 2: Does the reason you need to clear vegetation require development consent (under Part 4 of the Environmental Planning and Assessment Act 1979)?

Yes - continue to Q9

No - continue to Q3

QUESTION 3: Is your activity being undertaken by or on behalf of a Part 5 consent authority?

Yes - the Biodiversity Offset Scheme is optional for Part 5 proponents. Please contact Ryan at Key Botany by filling in your details below and clicking 'submit'

No - continue to Question 4

QUESTION 4: Are you clearing native vegetation?

Yes - continue to Question 5

No - your clearing proposal may require a permit from your local Council. Contact your local Council for information on the Development Control Plan or other relevant instrument.

QUESTION 5: Are you clearing native vegetation in a Sydney or Newcastle metropolitan local government area?

Yes - continue to Question 6

No - continue to Question 8

QUESTION 6: Does the clearing of vegetation take place on land identified in the Biodiversity Values Map?

Yes - The Biodiversity Offset 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. Please contact Ryan at Key Botany.

No - continue to Question 7

QUESTION 7: Are you clearing native vegetation in excess of the area clearing thresholds? Area clearing threshold is defined by the minimum lot size (according to LEP zoning) associated with the property. If you are clearing more than the clearing limits below you trigger the BOS and BAM. - clearing 0.25 ha or more on a lot <1 ha in size - clearing 0.5 ha or more on a lot 1 ha, but <40 ha in size - clearing 1 ha or more on a lot 40 ha, but <1000 ha in size - clearing 2ha or more on a lot 1000 ha or more in size

No - The clearing will be regulated by the SEPP and Council’s Development Control Plans. Your clearing proposal may require a permit from your local Council or, if not regulated by Council’s Development Control Plan, a Biodiversity Conservation Licence from OEH. Contact your local Council for information on the Development Control Plan or other relevant instrument.

QUESTION 8: Are you clearing native vegetation within a rural zone (except RU5)? Radio

Yes - Your clearing proposal will be regulated under the Local Land Services Act 2016. Visit the Land Management and Biodiversity Conservation website <Link https://www.landmanagement.nsw.gov.au/land-management-and-regulatory-maps/> for more detail.

No - go back to Q6

QUESTION 9: Does any part of your development take place on land identified in the Biodiversity Values Map?

Yes - The Biodiversity Offset Scheme likely applies to your development application. Any clearing of native vegetation within the Biodiversity Values Map will be subject to the Biodiversity Offset Scheme. You will need to engage an accredited assessor to prepare a Biodiversity Development Assessment Report in accordance with the Biodiversity Assessment Method. Please contact Ryan at Key Botany.

No - continue to Question 10

QUESTION 10: Are you clearing native vegetation (not including ‘Category 1’ land under the Local Land Services Act 2013) in excess of the area clearing thresholds?

No - continue to Question 11

QUESTION 11: Is the development likely to have a significant impact on threatened species in accordance with the test of significance?

Yes - 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. Please contact Ryan at Key Botany.

No - The Biodiversity Offset Scheme does not apply to your clearing proposal. Your local Council will consider whether to approve your vegetation clearing proposal as part of your development application. Your test of significance and evidence that your proposal does not trigger the offset scheme threshold must be included with your development application.