New South Wales Consolidated Regulations

BOGAN LOCAL ENVIRONMENTAL PLAN 2011 - REG 7.4

7.4 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 "High Biodiversity Sensitivity" and "Moderate Biodiversity Sensitivity" on the Terrestrial Biodiversity Map .

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development--

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

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

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

(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--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.