Applying the Biodiversity Offsets Scheme to modifications
The Biodiversity Offsets Scheme applies to proposed modifications for approved local development, state significant development, or state significant infrastructure in certain circumstances.
If the scheme applies, then a Biodiversity Development Assessment Report (BDAR) must be prepared. This is required under Part 7 of the Biodiversity Conservation Act 2016 (NSW).
When does the Biodiversity Offsets Scheme apply to a modification?
The Biodiversity Offsets Scheme applies to proposed modifications in the following circumstances:
- all state significant development and state significant infrastructure projects that will increase the impact on biodiversity values
- all local development (assessed under Part 4 of the Environmental Planning and Assessment Act 1979 (NSW)) that will increase the impact on biodiversity values and:
- exceeds the Biodiversity Offsets Scheme thresholds, or
- is likely to have a significant impact according to the test of significance (in section 7.3 of the Biodiversity Conservation Act 2016 (NSW)), or
- is proposed in an Area of Outstanding Biodiversity Value.
Proposed modifications that result in direct or indirect impacts on biodiversity values not assessed and authorised in the original approval are considered to increase impacts. This includes:
- impacts to different biodiversity values to those assessed in the original approval
- expanded impacts.
The requirements for modifications apply regardless of whether the original project was considered under the Biodiversity Conservation Act 2016 or former planning provisions.
An updated Biodiversity Development Assessment Report must consider the proposed modified development
If the Biodiversity Offsets Scheme applies to the modification application, a Biodiversity Development Assessment Report or updated Biodiversity Development Assessment Report must be prepared.
Consider the previously approved and new impacts from the proposed modified development, including:
- measures to avoid and minimise impacts
- direct, indirect and prescribed impacts
- serious and irreversible impacts
- details of the previous biodiversity credit obligation from the original approved development that has been acquitted with documentary evidence.
For proposed modified developments approved under former planning provisions, only the additional impacts require assessment
If the development was approved under former planning provisions, only the additional impacts on biodiversity values resulting from the project modification (not those associated with the originally approved development) need to be assessed in the Biodiversity Development Assessment Report.
For local development, the scheme entry requirements apply to the total proposed modified development.
The Biodiversity Development Assessment Report must be prepared in accordance with the Biodiversity Assessment Method and must:
- outline available information about the original impact of the development and consider any measures already taken to avoid, minimise or offset the impact on biodiversity values in connection with the previous approval before the proposed modification
- identify those offset obligations that have been discharged with documentary evidence
- identify new offset requirements and any new measures to avoid and minimise impacts in accordance with the Biodiversity Assessment Method.
Serious and irreversible impacts
Where the original development was approved under previous planning provisions, serious and irreversible impacts for the proposed modified development must be considered.
Information to support modifications proposed for the purpose of changing credit obligations
When a proposed modification seeks to change the biodiversity credit obligation without a change to the development design, provide to the consent authority:
- an updated biodiversity credit report
- details of additional species survey or species expert report
- spatial mapping supplied in a digital format.