Clearing of area of land that exceeds threshold
7.2 Clearing of area of land that exceeds threshold
Clearing of native vegetation is declared by this clause to exceed the biodiversity offsets scheme threshold if the area proposed to be cleared is the area set out in Column 2 of the Table to this clause opposite the minimum lot size applicable to the land to be cleared in Column 1 of that Table.
Note.
Section 7.4 of the Act provides that any part of development that involves the clearing of native vegetation on category 1-exempt land (within the meaning of Part 5A of the Local Land Services Act 2013) is to be disregarded for the purposes of determining whether proposed development exceeds the threshold.
The minimum lot size applicable to any land being cleared is as follows—
if an environmental planning instrument under the Environmental Planning and Assessment Act 1979 prescribes a standard minimum lot size in relation to the land on which the proposed development is to be carried out—that minimum lot size,
in any other case—the actual size of the allotment of land on which the proposed development is to be carried out.
For the purposes of paragraph (a), the standard minimum lot size is the minimum lot size that applies to development generally on the land, and not any different minimum lot size that applies to particular development or in particular circumstances.
In the application of the Table to this clause—
if the proposed development does not comprise only the clearing of native vegetation—the area of clearing is the total area of proposed clearing irrespective of the number of lots concerned or the ownership of those lots, and
if the proposed development comprises only the clearing of native vegetation—the area of clearing is the total area of proposed clearing—
over the lots in the same ownership (unless subparagraph (ii) applies), or
over the lots that are worked or operated as a single property (whether or not they are in the same ownership), and
if the land on which the proposed development is to be carried out comprises different areas of land with different minimum lot sizes—the minimum lot size is the smaller or smallest of those minimum lot sizes, and
if the proposed development comprises or involves the clearing of more than one patch of native vegetation—the area of clearing is the total cumulative area cleared.
The Environment Agency Head is to publish a method (which may include computer programs) to be used for the purpose of calculating the total area of clearing for proposed development.
Table
Column 1
Column 2
Minimum lot size of land
Area of clearing
Less than 1 hectare
0.25 hectare or more
Less than 40 hectares but not less than 1 hectare
0.5 hectare or more
Less than 1,000 hectares but not less than 40 hectares
1 hectare or more
1,000 hectares or more
2 hectares or more
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