Trees that fall under Biodiversity and Conservation Act (2021)

 In accordance with the requirements of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 each resident must confirm that the vegetation proposed to be cleared (removed) does not form part of an Endangered Ecological Community that is mapped on the NSW Government Biodiversity Values Map and if so, then utilise the NSW Government Biodiversity Threshold Tool to test if threshold has been exceeded. Please see the Biodiversity Values map and Threshold link below to the tool.

https://www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap

NSW Biodiversity Values Map User Guide

In circumstances where the proposed native vegetation clearing exceeds the BOST, Council is required to refer an applicant to the Native Vegetation Panel Secretariat to advance their application under Part 2.4 Approval of Native Vegetation Panel for clearing (removing) native vegetation in non-rural areas of the SEPP (Biodiversity and Conservation) 2021.  You may contact the NVP Secretariat: info@nvp.nsw.gov.au 

Please note:  In the above circumstance, the landholder may also need to obtain Biodiversity Conservation License from the Department of Climate Change, Energy, the Environment and Water. 

The Threatened Species Licence is a class of Biodiversity Conservation licence under Part 2 of the Biodiversity Conservation Act 2016.  This is required if an action is likely to result in:

  • harm to an animal that is a threatened species or part of a threatened ecological community
  • picking a plant that is a threatened species or part of a threatened ecological community
  • damage to the habitat of a threatened species or threatened ecological community
  • damage to a declared area of outstanding biodiversity value.

For further information on Biodiversity Conservation Licences see the attached Threatened species Licence form and you should refer to NSW Government Licence to harm a threatened species or ecological community webpage.

Where an applicant fails to identify that the vegetation on a property forms part of an Endangered Ecological Community mapped on the NSW Government Biodiversity Values Map and Council determines that a tree works permit application is subject to the above, Council must returned the application and the applicant will need contact Local Land Services (NVP Secretariat) at info@nvp.nsw.gov.au or, phone 1300 795 299 and ask to speak to the NVP Secretariat to progress seeking consent to clear (remove) the vegetation.

Where clearing (removal) of protected vegetation relates to developing a site, an applicant must engage an accredited assessor to prepare a Biodiversity Development Assessment Report (BDAR) and submit this for consideration with a development application and not via a tree works permit application.

 

 

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