Bayside Local Environmental Plan 2021

The objective of this clause is to maintain and enhance terrestrial biodiversity by—

protecting native fauna and flora and the ecological processes necessary for their continued existence, and

encouraging the recovery and conservation of native fauna and flora and their habitats, and

protecting, restoring and enhancing biodiversity corridors.

This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.

Before determining a development application for development on land to which this clause applies, the consent authority must consider—

the objective of the clause, and

whether the development is likely to have—

any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

any adverse impact on the habitat elements providing connectivity on the land, and

any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development, and

any opportunity to restore or enhance remnant vegetation, habitat and biodiversity corridors.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

the development is designed, sited and will be managed to avoid any potentially adverse environmental impact, or

if that impact cannot be reasonably avoided by adopting feasible alternatives—

the development is designed, sited and will be managed to minimise that impact, or

the development includes measures to offset the loss of biodiversity.