Biodiversity Conservation Act 2016

In this section, serious and irreversible impacts on biodiversity values of proposed development or activity means serious and irreversible impacts on biodiversity values as determined under section 6.5 that would remain after the measures proposed to be taken to avoid or minimise the impact on biodiversity values of the proposed development or activity.

The consent authority must refuse to grant consent under the Environmental Planning and Assessment Act 1979, Part 4 for an application for development consent to which this division applies if, in the consent authority’s opinion, the proposed development is likely to have serious and irreversible impacts on biodiversity values.

However, subsection (2) does not apply to the following applications—

an application for State significant development, or

an application that is exempt from the requirement to be accompanied by a biodiversity development assessment report by an order under section 7.7(3).

If the relevant authority is of the opinion that proposed State significant development or State significant infrastructure that is the subject of an application to which this Division applies is likely to have serious and irreversible impacts on biodiversity values, the relevant authority—

is required to take those impacts into consideration, and

is required to determine whether there are any additional and appropriate measures that will minimise those impacts if consent or approval is to be granted.

If the determining authority is of the opinion that the proposed activity to which this Division applies is likely to have serious and irreversible impacts on biodiversity values, the determining authority—

is required to take those impacts into consideration, and

is required to determine whether there are any additional and appropriate measures that will minimise those impacts if the activity is to be carried out or approved.