Register of orders for biodiversity certification
Emerald Hills Estate biodiversity certification
The Minister for the Environment, the Hon Mark Speakman MP, made an order (PDF 739KB) conferring biodiversity certification under the Threatened Species Conservation Act 1995 over land in the Emerald Hills Estate. The biodiversity certification order for the Emerald Hills Estate was published in the NSW Government Gazette on 4 December 2015.
The Emerald Hills Estate is located in Leppington in the Camden local government area. The biodiversity certification applies to 122.49 hectares of land and streamlines the development assessment process for that land.
To offset the impacts on biodiversity within the biodiversity certified land, the biodiversity certification strategy includes an on-site and off-site conservation measure. The on-site conservation measure is the entering into of a biobanking agreement protecting 20.13 hectares that was implemented at the time of conferral. The off-site conservation measure is the entering into of a second biobanking agreement and retirement of biodiversity credits. The commitment to deliver the off-site biobanking agreement is secured via a biodiversity certification agreement between the Minister for the Environment, owners and developer.
A Biodiversity Certification Assessment Report and Biocertification Strategy (PDF 5.22MB) was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the application (PDF 3.53MB). The assessment was reviewed by the Office of Environment and Heritage, as documented in the Recommendation Report (PDF 5.46MB).
Brimbin biodiversity certification
The Minister for the Environment, the Hon Mark Speakman MP, made an order (PDF 1.1MB) conferring biodiversity certification under the Threatened Species Conservation Act 1995 on land subject to the Brimbin Planning Proposal. Brimbin is a new township to be built near Taree on the NSW mid north coast. The biodiversity certification order for Brimbin was published in the NSW Government Gazette on 16 October 2015.
Covering 3715 hectares, Brimbin is located on Lansdowne Road eight kilometres north-east of the existing Taree township. The biodiversity certification applies to 1666 hectares of land at Brimbin and streamlines the development assessment process for that land.
The planning proposal for the town of Brimbin is on predominantly cleared lands and includes offsets to compensate for future impacts on biodiversity that were assessed as part of the biodiversity certification. These offsets include the rezoning of approximately 1190 hectares of high conservation value land for environmental protection, of which 936 hectares is being added to the adjacent Brimbin Nature Reserve, and funding of $1.1 million for the management of this newly reserved land.
A biodiversity certification strategy (PDF 11.5MB) and a biodiversity certification assessment (PDF 8.8MB) of the proposal were prepared in accordance with the Biodiversity Certification Assessment Methodology (BCAM) and lodged with the application (PDF 2.9MB). The assessment was reviewed by the Office of Environment and Heritage (OEH), as documented in the Recommendation Report (PDF 4.2MB).
Broulee biodiversity certification
The Minister for the Environment, Robert Stokes, made an order conferring biodiversity certification over Broulee (PDF 870KB) on 19 September 2014. The Broulee Biodiversity Certification will enable the development of the remainder of Broulee village, the expansion of the Moruya Airport and further development of the Moruya Racecourse. The reasons leading to the Minister's decision can be found in the Recommendation Report (PDF 2MB).
To offset the clearing of native vegetation and biodiversity within the biodiversity certified land, developers will purchase and retire Biobank credits which have been created by Eurobodalla Shire Council. The money generated through the sale of Biobank Credits will be placed in the Biobank Trust Fund and the interest generated will be used to pay Council to manage the Biobank site and improve its biodiversity.
The application was put on public exhibition from 22 April – 5 June 2013 in accordance with statutory requirements. During this time 227 submissions were received. On the basis of these submissions Eurobodalla Shire Council resolved to amend the proposal and change the conservation measure from an unfunded conservation Property Vegetation Plan to a Biobank site which could be funded in perpetuity. These changes were then re-exhibited from 30 April - 30 May 2014 during this exhibition, only 12 submissions (only one objection) were received.
The original application and the subsequent re-exhibited addenda can be viewed by clicking on the following links:
Warnervale Town Centre biodiversity certification
The Minister for the Environment, the Hon. Robyn Parker, made an order conferring biodiversity certification over Warnervale Town Centre (PDF 684KB) on 30 January 2014. Warnervale Town Centre is expected to contribute 1650 dwellings and 1200 job opportunities to the Central Coast. This is the first biodiversity certification since the amendments to the Threatened Species Conservation Act 1995 in June 2010. The reasons leading to the Minister's decision can be found in the Recommendation Report (PDF 410KB).
Biodiversity certification is a planning process which strategically addresses biodiversity issues and enables better conservation outcomes, so the council will no longer need to undertake a threatened species assessment with future development applications for Warnervale Town Centre. Impacts on biodiversity are offset with conservation measures in the region. It balances the protection and management of conservation values with the efficient supply of land for urban development in New South Wales.
A Special Infrastructure Contribution of $4 million will be used to provide biodiversity offsets, through a process similar to the Sydney Growth Centre offset program. The Environmental Trust will provide funding to the Office of Environment and Heritage to purchase conservation measures (BioBanking agreements, land purchase and management, etc.).
The application was put on public exhibition from 22 January 2013 until 25 February 2013 in accordance with statutory requirements. Seven submissions were received and have led to changes to the original proposal.
The original application, consisting of three documents, can be viewed by clicking on the following links:
Prior to February 2011, biodiversity certification was conferred on environmental planning instruments (EPIs) under Schedule 7 of the Threatened Species Conservation Act 1995 (TSC Act). The following EPIs had biodiversity certification conferred under these arrangements.
Albury Local Environmental Plan 2010
The Minister for Climate Change and the Environment made an order conferring biodiversity certification on the Albury Local Environmental Plan 2010 effective from the gazettal date of 25 February 2011 until 24 February 2021.
The certification covers almost the entire Albury local government area (LGA). A number of areas within the Albury LGA have, however, not been biodiversity certified, and these are shown in the order.
Details are available in the Proposed Biodiversity Certification for the Albury Local Environmental Plan 2009 (PDF 2.3MB).
Wagga Wagga Local Environmental Plan 2010
The Minister for Climate Change and the Environment made an order conferring biodiversity certification on the Wagga Wagga Local Environmental Plan 2010 effective from the gazettal date of 24 December 2010 until 23 December 2020.
The certification covers approximately 10,655 ha of the Wagga Wagga local government area that represents the current and future urban and industrial area around Wagga Wagga city. Details are available in the Proposed Biodiversity Certification for the draft Wagga Wagga Local Environmental Plan 2009 (PDF 1.43MB).
State Environmental Planning Policy (Sydney Region Growth Centres) 2006
The State Environmental Planning Policy (Sydney Region Growth Centres) 2006, also known as the Growth Centres SEPP, established the broad framework for development of the Growth Centres over the next 25 to 30 years. The Growth Centres SEPP was gazetted in July 2006 and is effective until 30 June 2025.
In December 2007 an order (PDF 581KB) conferring biodiversity certification on the Growth Centres SEPP was made by the Minister for the Environment under section 126G of the TSC Act.
In July 2008, the Minister's certification was validated by the Threatened Species Conservation Amendment (Special Provisions) Act 2008.The amendment is now incorporated into Part 7 of Schedule 7 of the TSC Act. The amendment essentially validates the certification and gives the Minister the power to suspend or revoke the certification if any of its conditions, now termed relevant biodiversity measures, are not complied with.
The land that is subject to biodiversity certification is described in Schedule 7, Part 7 Biocertification of Sydney Region Growth Centres SEPP and related EPIs in the Threatened Species Conservation Act 1995.
The relevant biodiversity measures applying to the certification have remained unaltered since gazettal of the original order. In summary, the measures relate to:
- the permanent protection of 2000 hectares of high quality vegetation within the Growth Centres
- the establishment by the NSW Government of a $530 million conservation fund to protect areas of biodiversity value. This funding will be derived over the next 25 to 30 years from a special infrastructure contribution that applies within the Growth Centres as well as from general government revenue.
Three quarters of the conservation fund ($397.5 million) is used to implement the Growth Centres Biodiversity Offset Program.
Information on the development of the biodiversity certification of the Growth Centres SEPP is available in the Growth Centres Conservation Plan and the assessment of the proposal to confer biodiversity certification (PDF 286KB).
Page last updated: 15 September 2016