New South Wales Consolidated Regulations

BELLINGEN LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.5

7.5 Biodiversity

(1) The objective of this clause is to maintain terrestrial and aquatic biodiversity including--

(a) protecting native fauna and flora, and

(b) protecting the ecological processes necessary for their continued existence, and

(c) encouraging the recovery of native fauna and flora and their habitats.

(2) This clause applies to land identified as "Sensitive land" on the Natural Resources Sensitivity--Biodiversity Map .

(3) Before determining a development application for land to which this clause applies, the consent authority must consider any adverse impact from the proposed development on the following--

(a) native ecological communities,

(b) the habitat of any threatened species, populations or ecological community,

(c) regionally significant species of fauna and flora or habitat,

(d) habitat elements providing connectivity.

(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that--

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

(b) if that impact cannot be avoided--the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised--the development will be managed to mitigate that impact.