Consultation early (pre-application phase) in the biodiversity certification process is recommended with both the department and the relevant local council and that proposals align with the strategic planning objectives and the legislation.

Consultation is an important part of the biodiversity certification process

The Biodiversity Conservation Act 2016 and the Biodiversity Conservation Regulation 2017 include requirements for consultation and public notification that must be completed by the applicant before biodiversity certification can be conferred.

This includes:

  • the applicant consulting with the local council before undertaking public consultation (standard biodiversity certification)
  • the applicant carrying out a public notification process, inviting submissions and providing a report to the Minister for the Environment in response to those submissions.

Consultation with council and the department is encouraged during the development of the biodiversity certification application

To optimise outcomes for all parties, the department recommends that applicants consult with the relevant local council and the department in the design stages of the proposal. Early consultation can help applicants ensure the application is appropriate and avoid the need for amendments later in the process.

The steps below illustrate best practice consultation for biodiversity certification applications.

Formal consultation with council must be completed before submitting the application to the department

Evidence of consultation with council must be provided with the application for biodiversity certification. The department encourages applicants to have their biodiversity certification assessment report reviewed by the department before consulting with council.

For more information about council-specific consultation, read the fact sheet at Council consultation required under the Act.

Submission and departmental review are recommended before progressing to public notification

The department can help applicants ensure the application is complete, adequate and ready for public exhibition. If changes are made to an application following the public notification phase, the Minister may require additional public notification. For this reason, it is recommended that the applicant submit the application and have the biodiversity certification report (BCAR) reviewed by the department before progressing to public notification.

Biodiversity certification application process – best practice consultation

  1. Design (pre-application)

    Council and department

    • Ensure alignment with strategic planning objectives
    • Identify important biodiversity values

  2. Prepare application

    Department

    • Ensure BCAR accords with the BAM
    • Receive advice on avoiding and minimising impacts and preparing an application

  3. Consultation with council (42 days)

    Council

    • Provide opportunity for council to make a submission (mandatory for non-planning authorities)

  4. Submit application

    Department

    • Confirm all relevant information is provided
    • Ensure application is complete, adequate and ready for public consultation

  5. Public exhibition (30 days)

    Public

    • Provide opportunity for community to make a submission
    • Consider and respond to submissions

  6. Decision