New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 7.2

7.2 Development or activity "likely to significantly affect threatened species"

(1) For the purposes of this Part, development or an activity is
"likely to significantly affect threatened species" if--

(a) it is likely to significantly affect threatened species or ecological communities, or their habitats, according to the test in section 7.3, or

(b) the development exceeds the biodiversity offsets scheme threshold, or

(c) it is carried out in a declared area of outstanding biodiversity value.

(2) To avoid doubt, subsection (1)(b) does not apply to development that is an activity subject to environmental impact assessment under Part 5 of the Environmental Planning and Assessment Act 1979 .

(3) Subsection (1)(a) does not apply to development that requires development consent under the Environmental Planning and Assessment Act 1979 , Part 4, other than State significant development or complying development, that is prescribed by the regulations.