Inner West Local Environmental Plan 2022

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

protecting native fauna and flora, and

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

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

This clause applies to land identified as “Biodiversity” on the Natural Resource—Biodiversity Map.

In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

whether the development is likely to have—

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

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

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

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

appropriate measures to avoid, minimise or mitigate the impacts of the development.

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

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

if a significant adverse environmental impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise the impact.