Modifications that require further biodiversity assessment
Under Part 7 of the Biodiversity Conservation Act 2016 (NSW), biodiversity assessment requirements apply to planning applications proposing to modify approved developments or activities.
If the consent or approval authority decides that a modification will increase the impact on biodiversity values, a Biodiversity Development Assessment Report (BDAR) is required.
This applies regardless of whether the original project was approved under the Biodiversity Conservation Act or former planning provisions.
Proposed modifications that result in direct or indirect impacts on biodiversity values not assessed and authorised in the original approval are considered to increase impacts. This includes:
- impacts to different biodiversity values to those assessed in the original approval
- expanded impacts.
If a proposed modification of a development consent under Part 4 (other than state significant development) will increase the impact on biodiversity values, to determine whether a Biodiversity Development Assessment Report is required, entry requirements for the scheme must be applied to the application.
Apply entry thresholds based on the ‘as modified’ project
For Part 4 development (other than state significant development), the scheme entry requirements must be considered based on the entire ‘as modified’ project.
The cumulative impacts of the original project and proposed modifications determine if the scheme applies, regardless of the original assessment process. A Biodiversity Development Assessment Report is required if the scheme applies to the proposed modification.
To demonstrate that the scheme does not apply, the modification application must include supporting evidence to demonstrate that the modified development does not exceed the entry requirements for the scheme.
Impact to the original proposal must be assessed as proposed to be modified
This applies where the original development was assessed and approved in accordance with Part 7 of the Biodiversity Conservation Act 2016 (NSW) regardless of whether a Biodiversity Development Assessment Report was required.
If a Biodiversity Development Assessment Report was submitted with the original application, it must be updated to incorporate new impacts resulting from the modification.
The report must:
- assess the impacts of the original development as proposed to be modified using the Biodiversity Assessment Method and accounting for already approved impacts and new impacts
- identify measures to avoid and minimise impacts and any offset requirements in accordance with the Biodiversity Assessment Method
- identify any original offset requirements and those offset requirements that have been discharged with documentary evidence
- consider any measures already taken to avoid, minimise or offset the impact on biodiversity values in connection with the approval before the proposed modification.
For projects approved under former planning provisions only assess impacts resulting from modifications
If the development was approved under former planning provisions, only the additional impacts on biodiversity values resulting from the development modification (not those associated with the development as approved) need to be assessed.
The Biodiversity Development Assessment Report must be prepared following the Biodiversity Assessment Method and will need to:
- outline available information about the original impact of the development and consider any measures already taken to avoid, minimise or offset the impact on biodiversity values in connection with the approval before the proposed modification
- identify those offset requirements that have been discharged with documentary evidence
- assess any new impacts on biodiversity values resulting from the modification of the development in accordance with the Biodiversity Assessment Method
- identify offset requirements and any new measures to avoid and minimise impacts in accordance with the Biodiversity Assessment Method.
Serious and irreversible impacts
For Part 4 developments (excluding state significant development), if the original development as proposed for modification would have been declined due to serious and irreversible impacts on biodiversity, any modification request must also be denied.
This rule applies regardless of whether the initial project was approved under the Biodiversity Conservation Act 2016 (NSW) or previous planning provisions.