The Biodiversity Offsets Scheme applies to:
- local development (assessed under Part 4 of the Environmental Planning and Assessment Act 1979) that is likely to significantly affect threatened species. Local development is likely to significantly affect threatened species and require a biodiversity development assessment report (section 7.7 of the Biodiversity Conservation Act 2016) if impacts either:
- exceed the Biodiversity Offsets Scheme threshold (BC Act, section 7.4); the threshold includes clearing on land within the Biodiversity Values Map or clearing of an area that exceeds the threshold
- are carried out on an Area of Outstanding Biodiversity Value (AOBV)
- are likely to significantly affect threatened species, ecological communities and their habitats according to the test in section 7.3 of the BC Act
- state significant development and state significant infrastructure projects, unless the Secretary of the Department of Climate Change, Energy, the Environment and Water and the environment agency head determine that the project is not likely to have a significant impact
- biodiversity certification proposals
- clearing of native vegetation in urban areas and areas zoned for environmental conservation that exceeds the Biodiversity Offsets Scheme threshold and does not require development consent
- clearing of native vegetation that requires approval by the Native Vegetation Panel under the Local Land Services Act 2013.
Proponents will need to supply evidence relating to the triggers for the Biodiversity Offsets Scheme threshold and the test of significance (where relevant) when submitting their application to the decision maker.
A Biodiversity assessment and approvals decision support tool is available from the Office of Local Government to help identify biodiversity assessment requirements for proposed developments and activities.
Activities that may allow proponents to voluntarily opt into the Biodiversity Offsets Scheme include:
- activities assessed and determined under Part 5 of the Environmental Planning and Assessment Act 1979 (generally, proposals by government entities).
When the Biodiversity Offsets Scheme applies to your proposal you must engage an accredited assessor to apply the Biodiversity Assessment Method (BAM) to assess the impacts of a proposal on biodiversity.
For more information and resources for developers, visit What developers need to know.
The Biodiversity Offsets Scheme threshold test
The Biodiversity Conservation Regulation 2017 sets out threshold levels for when the Biodiversity Offsets Scheme will be triggered. The threshold has 2 elements:
- whether the amount of native vegetation being cleared exceeds an area threshold
- whether the impacts occur on an area mapped on the Biodiversity Values Map published by the Environment Agency Head.
If clearing and other impacts, including biodiversity impacts prescribed by clause 6.1 of the Biodiversity Regulation 2017, exceed either trigger, the Biodiversity Offsets Scheme applies to the proposal.
A Biodiversity assessment and approvals decision support tool is available from the Office of Local Government to help identify biodiversity assessment requirements for proposed developments and activities.
Proponents will need to supply evidence relating to the triggers for the Biodiversity Offsets Scheme threshold and the test of significance (where relevant) when they submit their application to the consent authority.
Area clearing threshold
The area threshold varies depending on the minimum lot size (shown in the Lot Size Maps made under the relevant Local Environmental Plan [LEP]) or actual lot size (where there is no minimum lot size provided for the relevant land under the LEP).
| Minimum lot size associated with the property | Threshold for clearing, above which the Biodiversity Assessment Method (BAM) and offsets scheme apply |
|---|---|
| Less than 1 ha | 0.25 ha or more |
| 1 ha to less than 40 ha | 0.5 ha or more |
| 40 ha to less than 1000 ha | 1 ha or more |
| 1,000 ha or more | 2 ha or more |
The area threshold applies to all proposed native vegetation clearing associated with a proposal, regardless of whether this clearing is across multiple lots. In the case of a subdivision, the proposed clearing must include all future clearing likely to be required for the intended use of the land after it is subdivided.
If the land on which the proposed development is located has different minimum lot sizes the smaller or smallest of those minimum lot sizes is used to determine the area clearing threshold.
Biodiversity Values Map threshold
The Biodiversity Values (BV) Map identifies land with high biodiversity value, as defined by clause 7.3(3) of the Biodiversity Conservation Regulation 2017. The Biodiversity Offsets Scheme applies to clearing of native vegetation and other biodiversity impacts prescribed by clause 6.1 of the Biodiversity Regulation 2017 on land identified on the map. Proposed development to be carried out on land that is added to the Biodiversity Values Map doesn't exceed the Biodiversity Offsets Scheme threshold if:
- the land is the subject of a planning application made up to 90 days after the land is added to the Biodiversity Values Map
- if the land was already the subject of a planning application when the land was added to the Biodiversity Values Map.
Areas added to the Biodiversity Values Map in the last 90 days are shown in dark purple to distinguish them from areas that have been on the map longer than 90 days which are shown in light purple.
Biodiversity Values Map and Threshold Tool
The functionality of the Biodiversity Values Map and Threshold (BMAT) Tool has been updated to include both:
- the Biodiversity Values Map
- the Native Vegetation Area Clearing Estimate (NVACE) data.
The Tool allows users to draw a polygon showing all land to be cleared if the development proposal is approved, (the development 'footprint').
The Tool generates a report, for the identified footprint, providing guidance for proponents and decision makers to determine whether a Biodiversity Development Assessment Report (BDAR) is required for a proposed development, based on either:
- if the proposal occurs on land on the Biodiversity Values Map
- if the proposal exceeds the area clearing threshold.
The Biodiversity Values Map and Threshold tool can be used by proponents to supply evidence to a consent authority to determine if a Biodiversity Development Assessment Report is required under the Biodiversity Conservation Regulation 2017 (Cl. 7.2 & 7.3).
If you believe the biodiversity values mapping is incorrect please refer to our Biodiversity Values Map Review webpage for further information.
Please note, the area clearing threshold results informed by the Native Vegetation Area Clearing Estimate data are for guidance only and are not regulatory.
If you disagree with the area clearing threshold result generated by the Biodiversity Values Map and Threshold tool, you can undertake a self-assessment. For more information about this refer to the guide for Reviewing Biodiversity Values Map and Threshold Tool (BMAT) area clearing threshold results.
See the Biodiversity Values Map and Threshold User Guide for more information.
For more information on the Biodiversity Values Map, go to the Biodiversity Values Map page.
Threatened species test of significance
Proponents are also required to carry out a test of significance for all local development proposals that do not exceed the Biodiversity Offset Scheme Threshold.
The test of significance is intended to provide standardised and transparent consideration of threatened species, ecological communities, and their habitats, through the development assessment process.
In the context of a Part 4 development (not including major projects) if the test of significance assessment indicates that there will be a significant impact, the proponent must carry out a Biodiversity Assessment Method assessment.
The outcomes of the assessment must be provided to the consent authority to decide whether a significant affect is likely.
The test of significance is also required to be applied for Part 5 activities. You can find out more information at Assessing biodiversity impacts of Part 5 activities.
For further guidance on how to interpret and apply the factors of the test of significance please refer to the Threatened Species Test of Significance Guidelines.
Impacts below the Biodiversity Offsets Scheme Threshold and test of significance
The environmental impact of development proposals that do not exceed the Biodiversity Offsets Scheme Threshold and will not otherwise have a significant impact on biodiversity values as assessed by the test of significance will continue to be assessed under section 4.15 of the Environmental Planning and Assessment Act 1979.
Clearing of land in urban areas, RU5 and E2-E4 zones that does not require development consent and does not exceed the Biodiversity Offsets Scheme Threshold will continue to be regulated by Councils under Development Control Plans pursuant to provisions in the State Environmental Planning Policy (Biodiversity and Conservation) 2021 similar to clause 5.9 of the Standard Instrument Local Environmental Plan.
