Register of biodiversity certification orders
The department maintains a register of orders conferring biodiversity certification as required by section 9.7(f) of the Biodiversity Conservation Act 2016 and section 126ZU of the repealed Threatened Species Conservation Act 1995.
Orders made under the Biodiversity Conservation Act 2016 (NSW)
Gazetted
The Department of Climate Change, Energy, the Environment and Water (the department), Brendan Bruce, Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land at 285-325, Pacific Highway and (part) 6W Kemira Road, Lake Munmorah. The biodiversity certification order for the Lake Munmorah site was published in the NSW Government Gazette on 5 April 2024.
The proposed development at 285-325, Pacific Highway and (part) 6W Kemira Road, Lake Munmorah (being Lot 1 DP 626787, Lot 437 DP 755266, Lot 438 DP 755266, Lot 27 DP 755266, Lot 12 DP 771284, Lot 83 DP 650114, Lot 79 DP 217918) is in the Central Coast Council Local Government Area. The biodiversity certification assessment applies to 27.58 hectares (ha) of land and streamlines the development assessment process for 24.62 ha. Of the 24.62 ha, approximately 3.39 ha is native vegetation in moderate to good condition, 7.25 ha is native vegetation in low to moderate condition and the remaining area is comprised of cleared native vegetation and disturbed areas.
The combined total of avoided and conservation land for biodiversity reasons is approximately 2.95 ha and includes:
- an endangered ecological community swamp sclerophyll forest on coastal floodplains
- mapped important area habitat for the critically endangered swift parrot
- threatened species habitat for species such as Angophora inopina and the southern myotis.
To offset the impacts on biodiversity associated with the development of the 24.62 ha of biodiversity certified land, the certification will involve the retirement of 785 biodiversity credits (being 209 ecosystem credits and 576 species credits).
A biodiversity certification agreement between the Minister for Environment and the applicant is in place to protect 2.95 hectares of avoided and conservation land. This land is to be managed by the preparation and implementation of a biodiversity management plan.
A biodiversity certification assessment report was prepared in accordance with the biodiversity assessment methodology and lodged with the application. The assessment was reviewed by the department.
The Department of Climate Change, Energy, the Environment and Water, Brendan Bruce, Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land at The Poplars Business Precinct, Jerrabomderra. The biodiversity certification order for The Poplars Business Precinct site was published in the NSW Government Gazette on 9 February 2024.
The proposed development at The Poplars Business Precinct (being Lot 1 DP1243031, Lot 6 DP 1246134, Lot 1 DP 1126721 and Lot 1 DP 1281781), is in the Queanbeyan-Palerang Regional Council Local Government Area. The biodiversity certification is for the 52.46 hectares (ha) development area, consistent with current land use zoning. The proposed development would augment current developments, both completed, and those already under construction.
The biodiversity certification application protects areas of higher biodiversity value, with areas of lower biodiversity value zoned for development of varying intensities. The development will avoid direct impact to 8.45 ha of which 4.63 ha is native vegetation that includes:
- the entire population of the endangered Hoary Sunray (Leucochrysum albicans subsp. tricolor) identified within the assessment area
- a critically endangered ecological community (CEEC) Box-Gum woodland that contains a native overstorey and a high diversity of native species in the understorey.
To offset the residual impacts on biodiversity associated with the development of the 8.15 ha of biodiversity certified land, the certification will involve the retirement of 46 biodiversity credits (being 24 ecosystem credits and 22 species credits).
A biodiversity certification agreement between the Minister for Environment and the applicant is also in place to protect 8.45ha of avoided land, to be managed by:
- preparation and implementation of a biodiversity management plan
- meet the offset credit obligation by retiring credits already generated in the adjacent BioBanking sites, effectively formalising an on-site offset.
A biodiversity certification assessment report was prepared in accordance with the biodiversity assessment methodology and lodged with the application. The assessment was reviewed by the Department of Climate Change, Energy, the Environment and Water.
- No 37 of 9 February 2024: NSW Government Gazette (PDF)(2.2 MB)
- Decisions report – biodiversity certification of The Poplars (PDF)(78.54 KB)
- Order conferring biodiversity certification – The Poplars (PDF)(1.15 MB)
- Biodiversity Certification Assessment Report – The Poplars (PDF)(18.98 MB)
- Biodiversity Certification Agreement – The Poplars (PDF)(557.39 KB)
The Department of Planning and Environment, Brendan Bruce, Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land at 15 Mulloway Road, Chain Valley Bay. The biodiversity certification order for the Mulloway Road site was published in the NSW Government Gazette on 6 October 2023.
The proposed development at 15 Mulloway Road, Chain Valley Bay (being Lot 273 DP 755266) is in the Central Coast Council Local Government Area. The biodiversity certification assessment applies to 16.59 hectares (ha) of land and streamlines the development assessment process for 10.26 ha.
The combined total of avoided and conservation land for biodiversity reasons is approximately 6.33 ha and provides habitat for threatened fauna species such as the wallum froglet, squirrel glider, little bent-winged bat, southern myotis, greater broad-nosed bat, large bent-wing bat, eastern coastal free-tailed bat, powerful owl and square-tailed kite.
The vegetation includes:
- an endangered ecological community swamp sclerophyll forest on coastal floodplains
- parts of a regional corridor
- mapped important area habitat for the critically endangered swift parrot.
To offset the impacts on biodiversity associated with the development of the 10.26 ha of biodiversity certified land, the certification will involve the retirement of 1,430 biodiversity credits (being 178 ecosystem credits and 1,252 species credits).
A biodiversity certification agreement between the Minister for Environment and the applicant is also in place to protect 6.33 hectares of avoided and conservation land, to be managed by:
- preparation and implementation of a biodiversity management plan
- including the avoided and conservation land in a biodiversity stewardship agreement with the Biodiversity Conservation Trust.
A biodiversity certification assessment report was prepared in accordance with the biodiversity assessment methodology and lodged with the application. The assessment was reviewed by the Department of Planning and Environment.
- No 461 of 6 October 2023: NSW Government Gazette (PDF)(1.87 MB)
- Biodiversity Certification Agreement – 15 Mulloway Road (PDF)(1.22 MB)
The Department of Planning and Environment, Brendan Bruce, Acting Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the then Minister for Environment and Heritage, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land at 45 Mulloway Road, Chain Valley Bay. The biodiversity certification order for the Mulloway Road site was published in the NSW Government Gazette on 31 March 2023.
The proposed development at 45 Mulloway Road, Chain Valley Bay (being Lot 5 DP 1228880) is in the Central Coast Council Local Government Area. The biodiversity certification assessment applies to 10.61 hectares (ha) of land and streamlines the development assessment process for 8.41 ha.
The combined total of avoided land for biodiversity reasons is approximately 2.2 ha and provides habitat for threatened fauna species such as the masked owl, squirrel glider, little lorikeet, and threatened microbat species. The vegetation includes an endangered ecological community consisting of paperbark swamp forest floodplain vegetation with intermittent soaks.
To offset the impacts on biodiversity associated with the development of the 8.41 ha of biodiversity certified land, the certification will involve the retirement of 118 biodiversity credits (being 32 ecosystem credits and 86 species credits).
A biodiversity certification agreement between the then Minister for Environment and Heritage and the applicant is also in place to protect 2.2 hectares of avoided and conservation land, to be managed as follows by:
- retaining the avoided and conservation land in one large lot
- preparation and implementation of a Biodiversity Management Plan
- rezoning the land from C3 Environmental Management to C2 Environmental Conservation
- including the avoided and conservation land in a Biodiversity Stewardship Agreement with the Biodiversity Conservation Trust.
A biodiversity certification assessment report was prepared in accordance with the Biodiversity Assessment Methodology and lodged with the application. The assessment was reviewed by the Department of Planning and Environment, as documented in the recommendation and decision reports.
- No 144 of 31 March 2023: NSW Government Gazette (PDF)(3.4 MB)
- Biodiversity Certification Agreement – 45 Mulloway Road (PDF)(997.55 KB)
The Department of Planning and Environment, Brendan Bruce, Acting Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment and Heritage, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land at 77–91 Warnervale Road Warnervale. The biodiversity certification order for the Warnervale Road site was published in the NSW Government Gazette on 10 February 2023.
The proposed development at Warnervale Road (being Lot Part 72 DP7091) is in the Central Coast Council Local Government Area. The biodiversity certification assessment applies to 5.17 hectares (ha) of land and streamlines the development assessment process for 4.37 ha.
The combined total of avoided land for biodiversity reasons is approximately 0.8 ha and provides habitat for threatened fauna species such as the squirrel glider and southern myotis and includes threatened flora species such as Callistemon linearifolius.
To offset the impacts on biodiversity associated with the development of the 4.37 ha of biodiversity certified land, the certification will involve the retirement of 98 biodiversity credits (being 26 ecosystem credits and 72 species credits).
A biodiversity certification agreement between the Minister for Environment and Heritage and the applicant is also in place to protect 0.8 hectares of avoided land, to be managed as follows:
- by retaining the avoided land in one large lot
- by preparation and implementation of a Biodiversity Management Plan.
A biodiversity certification assessment report was prepared in accordance with the Biodiversity Assessment Methodology and lodged with the application. The assessment was reviewed by the Department of Planning and Environment, as documented in the recommendation and decision reports.
- No 54 of 10 February 2023: NSW Government Gazette (PDF)(2.6 MB)
The Minister for Environment and Heritage made an
under Part 8 of the Biodiversity Conservation Act. The biodiversity certification order for the plan was published in the NSW Government Gazette on 17 August 2022. The Minister for Environment declared the plan to be strategic on 16 January 2019.
The plan is the first strategic biodiversity certification in NSW, and one of the largest strategic conservation plans to be undertaken in Australia. The combined total of avoided land for biodiversity reasons is approximately 4,513 hectares. The plan also identifies approximately 27,200 hectares of strategic conservation areas on the Cumberland Plain, from which future offsets will be sourced.
The biodiversity certified area applies to 11,164 hectares of land, including 1,758 hectares of native vegetation, in four nominated areas:
- Greater Macarthur
- Greater Penrith to Eastern Creek
- Western Sydney Aerotropolis
- Wilton.
To offset the impacts on biodiversity associated with the development on certified land, the approved conservation measures under section 8.3(3) of the Biodiversity Conservation Act 2016 and clause 8.1 of the Biodiversity Conservation Regulation 2017 includes a conservation program that:
- consists of 26 commitments and 131 actions that must be implemented over the 35 years of the plan’s life
- includes a private land conservation network, to be secured under Biodiversity Stewardship Agreements, and public land to be secured under National Parks and Wildlife Service (NPWS) management
- proposes to establish 11,000 hectares of land as biodiversity offsets, including 5,325 hectares of targeted threatened native vegetation
- secures offsets for threatened species and threatened ecological communities, including 2,885 ha of critically endangered Cumberland Plain Woodland
- establishes the 1,830-hectare Georges River Koala Reserve
- secures a minimum of 570 hectares of koala habitat, and commits to implementing the principles of the NSW Officer of Chief Scientist & Engineer’s review in relation to koalas
- implements a strategic conservation planning package, including a specific chapter in the State Environmental Planning Policy (Biodiversity & Conservation) 2021, Section 9.1 Ministerial Direction and associated guidance
- builds knowledge and capacity across Western Sydney’s community and stakeholders through engagement, research, and capacity building
- manages landscape scale threats such as bushfire, pests, weed, disease and climate change
- includes annual monitoring of impacts and offsets, and a five-yearly independent review.
A Biodiversity Certification Assessment Report was prepared in accordance with the Biodiversity Assessment Methodology and lodged with the application.
Further information on the plan can be found on the Cumberland Plain Conservation Plan page.
The assessment was reviewed by the Department of Planning and Environment, as documented in the
The Department of Planning and Environment, Dean Knudson, Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment and Heritage, made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land on Googong Neighbourhoods 3-5. The biodiversity certification order for Googong Neighbourhoods 3-5 was published in the NSW Government Gazette on 15 July 2022.
The proposed development forms part of the larger Googong town centre and includes the final stages 3-5 (being Lots 10 DP 754881, Part of Lot 11 DP 754881, Lot 42 DP 754881, Lot 996 DP 1276892, Lot 1605 DP 1266000, Lot 2 DP 1231713, Lot 13 DP 1266001, Lot 12 DP 1266001, Lot 7 DP 1246784, & Lot 3 DP 1149329) in the Queanbeyan-Palerang Local Government Area. The biodiversity certification assessment applies to 261.46 hectares of land and streamlines the development assessment process for 164.34 hectares of certified land.
The combined total of avoided land for biodiversity reasons is approximately 84.32 hectares.
To offset the impacts on biodiversity associated with the development of the 164.34 hectares of biodiversity certified land, the certification will involve the retirement of 1084 biodiversity credits (being 1036 ecosystem credits and 48 species credits).
A biodiversity certification agreement between the Minister for Environment and Heritage and the applicant is also in place to protect 56.73 hectares of avoided land, to be managed as follows:
- 40.39 hectares of land within the C2 Zoned land will be managed under a Vegetation Management Plan (VMP)
- the establishment of a reserve, 'Yellow-box Reserve', covering 10.96 hectares, to be established for its biodiversity values and managed via the VMP
- avoiding direct impacts to 5.38 hectares within the proposed large lots that will also contain specific management actions to protect the values present.
A Biodiversity Certification Assessment Report was prepared in accordance with the Biodiversity Assessment Methodology and lodged with the application. The assessment was reviewed by the Department of Planning and Environment, as documented in the recommendation and decision reports.
- No 317 of 15 February 2023: NSW Government Gazette (PDF)(2.46 MB)
- Googong Neighbourhoods 3-5 Recommendation Report
The Department of Planning and Environment, Deputy Secretary, Biodiversity, Conservation and Science, as delegate for the Minister for Environment and Heritage made an order conferring biodiversity certification under Part 8 of the Biodiversity Conservation Act 2016 over land on Woodbury Ridge Estate. The biodiversity certification order for Woodbury Ridge Estate was published in the NSW Government Gazette on 8 April 2022.
The proposed development at Woodbury Ridge Estate (being Lot 1 DP1272209) is in the Yass Valley Local Government Area. The biodiversity certification assessment applies to 188 hectares of land and streamlines the development assessment process for 54.49 hectares.
The combined total of avoided land for biodiversity reasons is approximately 130 hectares.
To offset the impacts on biodiversity associated with the development of the 54.49 hectares of biodiversity certified land, the certification will involve the retirement of 653 biodiversity credits (being 135 ecosystem credits and 518 species credits).
The other approved measures under section 8.3(3) of the Biodiversity Conservation Act 2016 and clause 8.1 of the Biodiversity Conservation Regulation 2017 are:
- the preparation and registration of a Community Management Statement and by-laws applicable to the certified land, including provisions for the retention of overstorey vegetation that is specified as 'ground storey impact only areas’ within the certified land
- preparation and registration of section 88E instrument(s) under the Conveyancing Act 1919 applicable to the certified land. A section 88E is a public positive covenant which imposes obligations on the new owners of the land.
The commitment to deliver these conservation measures is secured by a biodiversity certification agreement between the Minister for Environment and Heritage and the applicant.
A Biodiversity Certification Assessment Report was prepared in accordance with the Biodiversity Assessment Methodology and lodged with the application.
The assessment was reviewed by the Department of Planning and Environment, as documented in the recommendation and decision reports.
- No 150 of 8 April 2023: NSW Government Gazette (PDF)(2.35 MB)
- Order conferring Biodiversity Certification – Woodbury Ridge Estate (PDF)(983.14 KB)
- Biodiversity Certification Assessment Report (PDF)(27.4 MB)
- Biodiversity Certification Agreement – Woodbury Ridge (PDF)(2.12 MB)
Orders made under the repealed Threatened Species Conservation Act
Gazetted
The Environment, Energy and Science Group Executive Director, Michelle Dumazel, as delegate for the Minister for Energy and Environment made an
conferring biodiversity certification under the Threatened Species Conservation Act 1995 over land in the Jacaranda site. The biodiversity certification order for Jacaranda was published in the NSW Government Gazette on 20 August 2021.
Note: In accordance with clause 37 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), the biodiversity certification on the land is taken to be biodiversity certification conferred on the land under Part 8 of the Biodiversity Conservation Act 2016 (NSW).
The Jacaranda site is in Glossodia in the Hawkesbury City local government area. The biodiversity certification assessment applies to 185.03 hectares of land and streamlines the development assessment process for 143.72 hectares of that land.
To offset the impacts on biodiversity associated with the development of the 143.72 hectares of biodiversity certified land, the biodiversity certification strategy includes the retirement of 'like for like' biodiversity credits from two existing biobanking agreements (IDs 331 and 383). In addition, high conservation value lands on the Jacaranda site have been protected through the signing of two biodiversity stewardship site agreements (Glossodia East (ID BA495) and Glossodia West (ID BA496)) and all biodiversity credits generated from the sites will be retired. The commitment to deliver these conservation measures is secured by a biodiversity certification agreement between the Minister for Energy and Environment, owners, developer and Hawkesbury City Council.
A
was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
The assessment was reviewed by the Environment, Energy and Science Group, as documented in the
The
appendices provided as separate documents can be viewed at:
- Appendix C – Map of Notification catchment - Part B (PDF)(1.59 MB)
- Appendix D – Submissions received during exhibition period (PDF)(1.16 MB)
- Appendix E – Response to Submissions (PDF)(152.59 KB)
The Office of Environment and Heritage Chief Executive, Anthony Lean, as delegate for the Minister for Energy and Environment made an
under the Threatened Species Conservation Act 1995 over land in the Mount Gilead Stage 1 site. The biodiversity certification order for Mount Gilead Stage 1 was published in the NSW Government Gazette on 5 July 2019. Note: In accordance with clause 37 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), the biodiversity certification on the land is taken to be biodiversity certification conferred on the land under Part 8 of the Biodiversity Conservation Act 2016 (NSW).
The Mount Gilead Stage 1 site is in Gilead in the Campbelltown local government area. The biodiversity certification assessment applies to 208.89 hectares of land and streamlines the development assessment process for 165.55 hectares of that land.
To offset the impacts on biodiversity associated with the development of the 165.55 hectares of biodiversity certified land, the biodiversity certification strategy includes the retirement of biodiversity credits from existing biobanking agreements (IDs 208, 209 and 239). In addition, a biobanking agreement over the on-site conservation area will be entered into and all biodiversity credits generated from that site will be retired. The commitment to deliver these conservation measures is secured by a biodiversity certification agreement between the Minister for Energy and Environment, owners, developer and Campbelltown City Council.
A
and
were prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
The assessment was reviewed by the former Office of Environment and Heritage, as documented in the
The Biodiversity Certification Assessment Report and Biocertification Strategy appendices provided as separate documents can be viewed at:
- Appendix B – Mt Gilead planning proposal (PDF)(3.56 MB)
- Appendix C – Response to submissions Mt Gilead (PDF)(11.31 MB)
- Appendix G – Flora species recorded in biometric plots (XLSX)(88.83 KB)
The Office of Environment and Heritage Chief Executive, Anthony Lean, as delegate for the Minister for the Environment, made an
under the Threatened Species Conservation Act 1995 over land in the Port Macquarie Airport and surrounding lands. The biodiversity certification order for the Port Macquarie Airport and surrounding lands was published in the NSW Government Gazette on 7 September 2018.
Note: In accordance with clause 37 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017, the biodiversity certification is taken to be biodiversity certification on the specified land under Part 8 of the NSW Biodiversity Conservation Act 2016 (NSW).
The Port Macquarie Airport and surrounding lands is in the Port Macquarie Hastings Council local government area. The biodiversity certification applies to 320.48 hectares of land and streamlines the development assessment process for that land.
To offset the impacts on biodiversity within the biodiversity certified land, 444.17 hectares of native vegetation and threatened species habitats on site will be secured via a biobanking agreement. As the development will impact koala habitat and a vegetation community, an additional 40 to 50 hectares of native vegetation and threatened species habitats will be secured as an offsite offset to the satisfaction of OEH, as described in the
.
These offset areas will be protected and managed for conservation in perpetuity.
The commitment to deliver the conservation measures is secured by a biodiversity certification agreement between the Minister for the Environment and Port Macquarie Hastings Council.
The Biodiversity Certification Assessment Report and Strategy was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
.
The assessment was reviewed by the Office of Environment and Heritage, as documented in the
.
The Chief Executive of the NSW Office of Environment and Heritage, Anthony Lean, made an
under Section 126H of the NSW Threatened Species Conservation Act 1995 (NSW) over land in the western precinct of Redgum Ridge Estate. The biodiversity certification order for the Redgum Ridge Estate Western Precinct was published in the NSW Government Gazette on 7 September 2018. Note: In accordance with clause 37 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017, the biodiversity certification is taken to be biodiversity certification on the specified land under Part 8 of the NSW Biodiversity Conservation Act 2016.
The Redgum Ridge Estate Western Precinct is in the suburb of Figtree, situated in the Wollongong local government area. The biodiversity certification assessment applies to 60.24 hectares of land and streamlines the development assessment process for 8.11 hectares of that land.
To offset the impacts on biodiversity associated with the development of the 8.11 hectares of biodiversity certified land, the biodiversity certification strategy includes the purchase and retirement of “like for like” biodiversity credits from an existing Biobanking Agreement (BA221] located within the biodiversity certification assessment area. This biobanking agreement includes a total of 46.82 hectares of native vegetation, including two threatened ecological communities and numerous individuals of a threatened flora species. The biodiversity certification of the Redgum Ridge Estate Western Precinct will deliver positive outcomes for both the environment and the landowner where development is restricted to highly degraded areas of vegetation, and high-quality environmental areas are protected and managed in perpetuity under a Biobanking Agreement.
A
was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
The assessment was reviewed by the Office of Environment and Heritage, as documented in the
The Office of Environment and Heritage Chief Executive, Anthony Lean, as delegate for the Minister for the Environment, made an
under the Threatened Species Conservation Act 1995 over land in the El Caballo Blanco, Gledswood and Camden Lakeside residential estate. The biodiversity certification order for the El Caballo Blanco, Gledswood and Camden Lakeside residential estate was published in the NSW Government Gazette on 1 June 2018.
The El Caballo Blanco, Gledswood and Camden Lakeside residential estate is located in Gledswood Hills in the Camden local government area. The biodiversity certification applies to 47.45 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 two off-site conservation measures: the retirement of 296 ecosystem credits and the retirement of 18 species credits. The commitment to deliver the conservation measures is secured by a biodiversity certification agreement between the Minister for the Environment and the land owners.
A
was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
The assessment was reviewed by the Office of Environment and Heritage, as documented in the
The Minister for the Environment made an
under the Threatened Species Conservation Act 1995 (NSW) 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 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
was prepared in accordance with the Biodiversity Certification Assessment Methodology and lodged with the
The assessment was reviewed by the Office of Environment and Heritage, as documented in the
The Minister for the Environment made an
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
and a
of the proposal were prepared in accordance with the Biodiversity Certification Assessment Methodology (BCAM) and lodged with the
The assessment was reviewed by the Office of Environment and Heritage (OEH), as documented in the
The Minister for the Environment made an
under the Threatened Species Conservation Act 1995 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
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. Based on 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.
Original application and the subsequent re-exhibited addenda
- Biodiversity Certification Application - Broulee (PDF)(3.17 MB)
- Biodiversity Certification Strategy - Broulee (PDF)(6.3 MB)
- Biodiversity Certification Strategy Addendum - Broulee (PDF)(552.53 KB)
- Biodiversity Certification Assessment Report - Broulee (PDF)(6.76 MB)
The Minister for the Environment made an
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
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.
Original application
- Biodiversity Certification Strategy - Warnervale Town Centre (PDF)(970.83 KB)
Certification of environmental planning instruments (EPIs)
Before 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.
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
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
The then Minister for Climate Change and the Environment made an
on the Albury Local Environmental Plan 2010 effective from the gazettal date of 25 February 2011 and expiring on 24 February 2021.
The original order was amended by the Biodiversity Certification of Environmental Planning Instruments Order 2017 (PDF)(5.0 MB), applying the certification to Business, Industrial and Residential Zones of the Albury Local Environmental Plan 2010 only.
The Department granted an extension to biodiversity certification for a period of up to 5 years pursuant to the
published in the government gazette on 19 Friday 2021.
Expired
The then 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. See Gazette Number 140 Friday, 24 Devember 2010. This certification has now expired.
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
.