New South Wales Consolidated Regulations

MID-WESTERN REGIONAL LOCAL ENVIRONMENTAL PLAN 2012 - REG 6.5

6.5 Terrestrial biodiversity

(1) The objective of this clause is to maintain terrestrial biodiversity by--

(a) protecting native fauna and flora, and

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

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

(2) This clause applies to land identified as "Moderate Biodiversity Sensitivity" or "High Biodiversity Sensitivity" on the Sensitivity Biodiversity Map .

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider--

(a) whether the development is likely to have--

(i) any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii) any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii) any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv) any adverse impact on the habitat elements providing connectivity on the land, and

(b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(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 significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided by adopting feasible alternatives--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.