Biodiversity offsets scheme threshold (section 7.4)
7.1 Biodiversity offsets scheme threshold (section 7.4)
Proposed development exceeds the biodiversity offsets scheme threshold for the purposes of Part 7 of the Act if it is or involves—
the clearing of native vegetation of an area declared by clause 7.2 as exceeding the threshold, or
the clearing of native vegetation, or other action prescribed by clause 6.1, on land included on the Biodiversity Values Map published under clause 7.3.
Proposed development that is or involves the clearing of native vegetation on Lord Howe Island does not exceed the biodiversity scheme threshold, despite anything to the contrary in subclause (1).
If proposed development is or involves the subdivision of land, the subdivision is taken to involve the clearing of native vegetation that, in the opinion of the relevant consent authority or other planning approval body, is required or likely to be required for the purposes for which the land is to be subdivided. Once that clearing has been taken into account, the clearing for the purposes of the subsequent development of the land for which it was subdivided is not to be taken into account when determining whether the subsequent development exceeds the threshold.
Note.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 requires approval under the Policy for the clearing of native vegetation that exceeds the biodiversity offsets scheme threshold in the areas of the State that are not rural areas to which Part 5A of the Local Land Services Act 2013 applies (and are not national park estate and certain other conservation areas or State forestry land). The Policy will apply the approval process of the Native Vegetation Panel under that Part.
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