chapter g5: biodiversity impact assessment
TRANSCRIPT
NOTE: This Chapter should not be read in isolation. You may need to consider other chapters of this DCP when preparing your application.
CHAPTER G5: BIODIVERSITY IMPACT ASSESSMENT
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Chapter G5: Biodiversity Impact Assessment
Contents
1 Purpose ........................................................................................................................ 3
2 Application .................................................................................................................... 3
3 Context ......................................................................................................................... 3
4 Objectives ..................................................................................................................... 4
5 Controls ........................................................................................................................ 5
6 Advisory Information ..................................................................................................... 5
6.1 Biodiversity Impact Assessment ................................................................................ 5
6.1.1 Biodiversity Impact Assessment Pathways ......................................................... 6
6.2 Development Application documents ........................................................................ 7
6.2.1 Flora and Fauna Report ...................................................................................... 7
6.2.2 Test of Significance ............................................................................................. 8
6.3 Biodiversity Offsets Scheme ..................................................................................... 9
6.3.1 Triggers into the Biodiversity Offsets Scheme .................................................... 9
6.3.2 Biodiversity Development Assessment Report ................................................... 9
6.3.3 Independent Review/Assessment ..................................................................... 10
6.4 Impacts to Threatened Species or TECs where a DA is not required ..................... 10
6.5 Additional resources ................................................................................................ 11
6.6 Other legislation or policies you may need to check................................................ 11
Figures
Figure 1: Biodiversity Impact Assessment Pathways ........................................................... 6
Tables
Table 1: Biodiversity Offsets Scheme Area Threshold ......................................................... 9
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Amendment history Version Number Date Adopted by Council Commencement Date Amendment Type
1 14 October 2014 22 October 2014 New
2 23 June 2015 1 July 2015 Amendment
3 3 December 2019 18 December 2019 Amendment
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1 Purpose
The purpose of this Chapter is to provide information and assistance to applicants and decision makers who are required to consider the effect of a proposed development, activity or action on threatened species, populations and threatened ecological communities (TECs), or their habitats. This Chapter provides guidance on the biodiversity impact assessment pathways, preparing biodiversity impact assessment reports and the triggers into the NSW Biodiversity Offsets Scheme. This Chapter also aligns with the purpose of the NSW Biodiversity Conservation Act 2016 (BC Act 2016) Biodiversity Assessment “to maintain a healthy, productive and resilient environment for the greatest well-being of the community, now and into the future, consistent with the principles of ecologically sustainable development” (described in section 6 (2) of the Protection of the Environment Administration Act 1991).
2 Application
This Chapter applies to all development proposals in Shoalhaven that propose to directly (remove) or indirectly impact native vegetation (including native grasses, shrubs or trees that may provide habitat for threatened species) or are in proximity to an area of native vegetation or known threatened species habitat.
3 Context
Shoalhaven is home to numerous threatened species, populations and TECs. These form part of the natural setting of Shoalhaven and their protection, in accordance with local policies, State and Commonwealth legislation is important to the long-term sustainability of the environment. Shoalhaven has 18 Threatened Ecological Communities (TECs) listed under the BC Act 2016. These communities are the:
• Robertson Basalt Tall Open Forest • Robertson Rainforest • Sydney Freshwater Wetlands in the Sydney Basin Bioregion • Illawarra Lowlands Grassy Woodlands • Illawarra Subtropical Rainforest • Milton Ulladulla Subtropical Rainforest • Coastal Saltmarsh NSW North Coast, Sydney Basin and South East Corner
bioregions • Littoral Rainforest NSW North Coast, Sydney Basin and South East Corner
bioregions • Freshwater wetlands on coastal floodplains NSW North Coast, Sydney Basin and
South East Corner bioregions • Montane Peatlands and swamps of the New England Tablelands, NSW North Coast,
Sydney Basin and South East Corner bioregions
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• River flat Eucalypt forest on NSW North Coast, Sydney Basin and South East Corner bioregions
• Swamp Oak floodplain forest of the NSW North Coast, Sydney Basin and South East Corner bioregions
• Bangalay sand forest of the Sydney Basin and South East Corner bioregions • Themeda grassland on seacliffs and coastal headlands in the NSW North Coast,
Sydney Basin and South East Corner Bioregions • Swamp Sclerophyll Forest on Coastal Floodplains • Tableland Basalt Forest in the Sydney Basin and South Eastern Highlands
Bioregions • Tablelands Snow Gum, Black Sallee, Candlebark and Ribbon Gum Grassy
Woodland in the South Eastern Highlands, Sydney Basin, South East Corner and NSW South Western Slopes Bioregions
• Coastal Upland Swamps in the Sydney Basin Bioregion Shoalhaven has one endangered ecological community listed under the Environment Protection and Biodiversity Conservation Act 1999. This community is the:
• Coastal Swamp Oak (Casuarina glauca) Forest of the NSW and SE Queensland ecological community.
Shoalhaven has three critically endangered ecological communities listed under the Environment Protection and Biodiversity Conservation Act 1999. These communities are the:
• White Box-Yellow Box – Blakely’s Red Gum Grassy Woodland and Derived Native Grassland
• Littoral Rainforest and Coastal Vine Thickets of Eastern Australia • Illawarra and south coast lowland forest and woodland ecological community
These lists should not be relied upon as a complete list at the time of consideration for a DA. Proponents must check the relevant state and federal legislation for additions to the lists of threatened species and TECs.
4 Objectives
The objectives are to:
i. Protect threatened species, populations and TECs against direct and indirect impacts generated by development.
ii. Ensure that developments which have the potential to impact upon threatened species, populations or TECs are assessed in accordance with legislative requirements.
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5 Controls
Performance Criteria Acceptable Solutions
P1 Developments are responsive to the principles of ecologically sustainable development in relation to native vegetation and threatened species habitats.
A.1.1 Native vegetation and threatened species habitats are retained in perpetuity on sites identified with high ecological value.
P2 A development application is supported by an appropriate level of analysis consistent with Council policy and other legislative requirements.
A.2.1 Where possible avoid either directly or indirectly impacting threatened species, populations and TECs.
Note: The advisory information of this Chapter contains further details of these requirements.
6 Advisory Information
Note: Council’s website includes a range of advisory information including the BC Act 2016 requirements and known threatened species (fauna, flora and TECs) that occur in Shoalhaven. Refer to Section 6.6 of this Chapter.
6.1 Biodiversity Impact Assessment
Under the BC Act 2016, all proposed developments must be assessed to determine if they are “likely to significantly affect threatened species”. In practical terms, all developments that will either directly or indirectly affect native vegetation or known threatened species habitats will require a biodiversity impact assessment to be submitted with the development application.
A biodiversity impact assessment will either take the form of a flora and fauna report accompanied by a “Test of Significance” or a “Biodiversity Development Assessment Report”. The type of report required will depend on whether the development has triggered the Biodiversity Offsets Scheme. Triggers into the Biodiversity Offsets Scheme are listed in Section 6.3.1.
A current layout or building footprint map must be included in any submitted biodiversity impact assessment. This must clearly show the proposed building / development layout or envelope, as well as asset protection buffer zones, drainage and road works, and other ancillary works such as fencing, on-site sewage management systems, utility service trenches etc. It is required that all site plans provided comply with the Schedule 1 of the Environmental Planning and Assessment Regulation 2000. Site plans that do not accurately identify and quantify the development footprint will likely lead to either delays in assessing the development application or rejection of the application.
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6.1.1 Biodiversity Impact Assessment Pathways Given the complexity of the biodiversity assessment pathways under the BC Act 2016, it is recommended that applicants contact a qualified environmental consultant for any developments that will directly or indirectly impact native vegetation or threatened species.
Figure 1: Biodiversity Impact Assessment Pathways
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6.2 Development Application documents
6.2.1 Flora and Fauna Report A Flora and Fauna Report is required for any development on land that either contains native vegetation or is near an area of native vegetation. The Flora and Fauna Report shall identify and consider all direct, indirect and cumulative impacts from the development on each threatened species, population, TEC and their habitats. Direct impacts include all key threatening processes identified under the BC Act 2016 that are relevant to the specific species or populations, as well as other readily identifiable impacts from the development. Indirect impacts may include cumulative impacts of ongoing clearing, fragmentation of remnant vegetation communities, potential sedimentation or nutrient water pollution issues or noise and vibration disturbances during or post construction on roosting sites etc. Cumulative impacts generally occur from the accumulation of losses and depletions of individuals, populations and ecological communities and their habitats occurring at a local level from the proposed activity or development and from other activities or developments within the wider locality. The Flora and Fauna Report must include details on all limitations associated with the survey work and findings within the report. Failure to detect a species during the conducted survey work does not necessarily mean that the species is not present within the study area, especially if the study area falls within the distributional range of the species and the site contains suitable habitat. In this case, the precautionary principle is to be applied and the species will be assumed to be present within the study area. This may necessitate further survey work to be conducted during more favourable weather conditions or another season, particularly if the species is listed as endangered or critically endangered.
6.2.1.1 Flora and Fauna Report Requirements A Flora and Fauna Report must include the following information:
• A locality features map that shows the study area in relation to any significant landform, other topographical features or existing remnant vegetation communities, creek lines or intermittent watercourses.
• A vegetation communities map that shows the extent and location of all vegetation communities (especially any TECs) within the study area, and the location of any identified threatened flora or fauna species or population. Where the submitted vegetation mapping differs from existing published maps, these differences should be justified with vegetation plot/quadrant data.
• A survey map that shows the flora transects and quadrants, fauna trap sites and any incidental sightings of fauna species. This map should also be cross-referenced with the written survey results in the report.
• Flora and fauna maps that identify the exact location (i.e. with GPS co-ordinates and datum) of each identified threatened flora and fauna species or population and/or threatened ecological community within the study area.
• An aerial photograph of the study area and adjoining lands.
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• Additionally, all Flora or Fauna Reports must be accompanied by an individual Test of Significance for each threatened species, populations or TECs and their habitats that are likely to be impacted by the proposed development.
6.2.1.2 Flora and Fauna Report Format All Flora and Fauna Reports shall be presented in the following format:
• All reports, plans, aerial photographs and survey fieldwork notes shall be dated.
• All plans and/or aerial photography shall include the location and layout of the proposed development, current and proposed access arrangements, define existing landholding boundaries and the location of all watercourses and natural landform features and other topographical features.
• All plans or maps are required to be at an appropriate scale depending upon the size of the study area; e.g. 1:100, 1:200, 1:500 or 1:1000.
• All reports shall contain scaled maps showing the location of survey transects and plots.
• All plans shall contain all GPS co-ordinates (and associated datum) for locations where threatened species, population or ecological communities are identified.
• All reports shall contain the full list of any identified threatened species, population or ecological community.
• All reports shall provide a comprehensive description of the survey methodologies including survey effort, survey dates, weather conditions etc.
It is advised that applicants review current information on biodiversity assessments and guidelines published by the Office of Environment and Heritage (OEH), which are available on the OEH website.
6.2.2 Test of Significance The Test of Significance (ToS) or 5 Part Test is used to determine if a development or activity is likely to significantly affect threatened species, population, TECs or their habitats. A ToS is to be completed individually for each threatened species, population, TEC and their habitats and must be undertaken by a suitably qualified and experienced ecologist or consultant. The ToS must be accurate and based on current knowledge and information to allow for proper consideration of the likely impacts of the proposal on threatened species, populations and ecological communities and their habitats. If the ToS determines the development is likely to significantly impact threatened species, the development will enter into the Biodiversity Offsets Scheme. As the determining authority, Council has ultimate responsibility for the determination of a significant impact and hence is empowered to determine whether a ToS has satisfactorily proven if the development is likely to significantly affect threatened species. Council will assess the adequacy and conclusions of a ToS against OEH’s guidelines. Where significant features are identified on a site for retention by an environmental consultant, they must be included on site plans to support the ToS conclusions and any recommended mitigation measures.
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6.3 Biodiversity Offsets Scheme
The Biodiversity Offsets Scheme (BOS) is a process to avoid, minimise and offset impacts on biodiversity from development and clearing. Proponents of development need to be aware that an approved development where the BOS has been triggered will come at a significant financial cost to offset the impact of the development on biodiversity.
6.3.1 Triggers into the Biodiversity Offsets Scheme The circumstances under which entry into the BOS is triggered are complicated and are best discussed with a BC Act accredited assessor and qualified ecologist / environmental consultant. Under the BC Act 2016 there are three current triggers into the BOS:
• If a Test of Significance has determined the development is likely to have a significantimpact on threatened species; or
• If the development is affected by the OEH Biodiversity Values Map, (this does notapply to development applications on previously subdivided land in land zoned R1-R4, RU5, B1-B8 and IN1-IN3); or
• If the clearing associated with the development exceeds the BOS area thresholds inTable 1.
Table 1: Biodiversity Offsets Scheme Area Threshold
Minimum lot size associated with the property under the LEP 2014 (where there is no minimum lot size provided under the LEP 2014 the actual size of the lot is used)
Threshold for clearing, above which the 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
1000 ha or more 2 ha or more
If any of the above apply to the development application, it will likely trigger the Biodiversity Offsets Scheme. It is recommended in this situation to obtain advice from an accredited assessor to determine whether a Biodiversity Development Assessment Report is required.
Note: A list of “accredited assessors” can be found on the OEH website.
6.3.2 Biodiversity Development Assessment Report Any development that has entered into the BOS will require an accredited assessor to apply the Biodiversity Assessment Method (BAM) to the proposal. For more information on utilising the BAM see the OEH website.
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Following the application of the BAM, the accredited assessor is required to prepare a Biodiversity Development Assessment Report. The Biodiversity Development Assessment Report will illustrate the steps taken to avoid and minimise the development’s impact on biodiversity and is required to list the number and type of ecosystem and species credits required to offset the remaining impact of the development on biodiversity. Once completed, the Biodiversity Development Assessment Report is required to be submitted with the development application within 14 days.
6.3.3 Independent Review/Assessment Council may require an independent review of a Flora and Fauna Report and accompanying Test of Significance. This review (if necessary) will be required to be undertaken, prior to the final assessment and determination of any development application. The purpose of any independent review will be to:
a) Assess the accuracy and/or adequacy of any Flora and Fauna report and accompanying 5 Part Test, particularly in respect to the survey work/methodology, findings and/or conclusions for specific threatened species, populations or TECs.
b) Identify any additional threatened species, populations or TECs or their habitats which may require survey work and 5 Part Test assessment.
c) Recommend any additional survey work program to be undertaken to properly assess the proposal’s potential impact upon any specific threatened species, population or ecological community.
d) Confirm whether the proposal is likely to significantly affect any threatened species, population and/or TEC.
e) Recommend any abatement or mitigation measures to any identified threatened species, population or ecological community.
The independent consultant is to be engaged by Council and will report to Council, throughout the term of the review. The engagement of the independent consultant will only take place after communication between Council and the applicant. Council will advise the applicant of the short-list of independent consultants, the receipt of the written quotation from the selected independent consultant, and subsequent written acceptance of the quotation by the applicant. If the applicant does not provide written agreement for independent review of the Flora and Fauna Assessment and accompanying Test of Significance, then Council will determine the application on the basis of available information. An application may be refused should insufficient information be submitted.
6.4 Impacts to Threatened Species or TECs where a DA is not required
A threatened species licence is required for actions likely to harm threatened species or ecological communities, or their habitats. A threatened species licence is a class of Biodiversity conservation licence, legislated under Part 2 Division 3 of the BC Act 2016. For more information about how a threatened species licence is assessed, see the “Licence to harm a threatened species or ecological community” page on the OEH website.
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6.5 Additional resources
Threatened species profiles, identification guidelines and biodiversity impact assessment guidelines for threatened species, populations and ecological communities can be accessed through OEH threatened species website. The guidelines in particular contain ecological information that will further assist in the survey and assessment of individual species, populations and TECs and can also be found through the OEH threatened species website.
6.6 Other legislation or policies you may need to check
Note: This section is not exclusive and you may be required to consider other legislation, policies and other documents with your application
Council Policies & Guidelines
• Threatened Species Statutory Framework • Known Threatened Species that live in Shoalhaven • Threatened flora that live in Shoalhaven
External Policies & Guidelines
• Draft Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities.
• Threatened Species Survey and Assessment Guidelines: Field Survey Methods for Fauna: Amphibians
• Threatened Species Assessment Guidelines – The Assessment of Significance
Legislation • Biodiversity Conservation Act 2016 • Biodiversity Conservation Regulations 2017 • Coastal Management Act 2016 • Commonwealth Environment Protection and Biodiversity Conservation
Act 1999 • Fisheries Management Act 1994 • Local Land Services Act 2013 • National Parks and Wildlife Act 1974 • Protection of the Environment Administration Act 1991 • Environmental Planning and Assessment Regulation 2000
• State Environmental Planning Policy No. 44 – Koala Habitat Protection • State Environmental Planning (Coastal Management) 2018