Areas of Outstanding Biodiversity Value

The Biodiversity Conservation Act 2016 provides legal protections for AOBVs, recognising these areas will represent the most valuable sites for biodiversity conservation across NSW. It is an offence to damage an AOBV without appropriate approval such as a development consent. Any development proposal located on an AOBV must be assessed using the Biodiversity Assessment Method.

AOBVs are excluded from the land management framework set out in the Local Land Services Act 2013. This means clearing under the codes is not permitted in an AOBV.

The Biodiversity Conservation Regulation provides additional detail on how the Department of Planning, Industry and Environment will assess if an area meets the eligibility requirements for an AOBV set out in the Biodiversity Conservation Act.

The criteria in the regulation are designed to identify the most valuable sites for biodiversity conservation in New South Wales, with a focus on sites with highly distinctive biodiversity or features critical to the future of biodiversity in New South Wales. They include, for example, unique components of genetic diversity that enable species to adapt to changing environments, habitat critical for the survival of threatened species or features that support species migration and dispersal.

The Department is required to consult landholders and the community on any recommendations to declare an area as an AOBV. We understand that landholder knowledge is invaluable and seek to support landholders to maintain healthy and functioning landscapes. The Department will also seek the advice of the Biodiversity Conservation Trust (which manages private land conservation across New South Wales), the NSW Threatened Species Scientific Committee and the Biodiversity Conservation Advisory Panel on any proposed declarations of an AOBV.

The Department will consider all feedback prior to providing the recommendation to the Minister for Energy and Environment.

The Minister may, after considering a recommendation prepared by the Department, declare an area to be an AOBV if he or she believes the area meets the eligibility criteria.

Because AOBVs are a priority for government investment, an AOBV declaration can help you access funds for undertaking stewardship activities. If you have an AOBV declared over on your land, the Minister for Energy and Environment will take reasonable steps to enter into a private land conservation agreement with you. This will allow you access to ongoing support for conserving biodiversity on your land.