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Biodiversity reports in New South Wales

What is a Flora and Fauna Assessment report?

If you have a property in New South Wales that you want to develop, you may need a biodiversity assessor to prepare a Flora and Fauna Assessment (FFA) report to support your Development Application.

Your Flora and Fauna Assessment will include:

  • a description of the study area and the development proposal
  • observations about threatened species in the area
  • the survey design and methods used
  • survey results detailing all fauna and flora detected, using lists and maps
  • a review of legislation and policy relevant to the project
  • a test of significance for biodiversity impacts

What is a Biodiversity Assessment Report?

A Biodiversity Assessment Report can be another name for a Flora and Fauna Assessment (FFA) report.

However, biodiversity assessment report is a confusing name as it also is the generic term for the range of biodiversity assessments prescribed in New South Wales under the Biodiversity Conservation Act: BDARs, BCARs and BSSARs.

What is a Biodiversity Development Assessment Report (BDAR)?

A Biodiversity Development Assessment Report forms a key part of the Development Approval process. The BDAR provides regulators and proponents with a clear, evidence-based assessment of the biodiversity impacts to ensure compliance with NSW legislation.

To meet BDAR requirements, proponents must demonstrate that the project has been assessed by an accredited assessor using the Biodiversity Assessment Method, that ‘avoid and minimise’ principles have been properly applied, that all required surveys have been completed in accordance with the guidelines, and that all residual impacts have been accurately calculated and offset.

A Biodiversity Development Assessment Report must be submitted with:

  • a development application for local development that is likely to significantly affect threatened species
  • all state significant development and state significant infrastructure applications unless the Planning Agency Head (or delegate) and the Environment Agency Head (or delegate) determine that the proposed development is not likely to have any significant impact on biodiversity values
  • Part 5 activities that are likely to significantly affect threatened species, ecosystems or their habitats and a decision is made to opt in to the Biodiversity Offsets Scheme
  • clearing applications (where a development application is not required) to which the Biodiversity Offsets Scheme applies.

A Biodiversity Development Assessment Report will describe:

  • the biodiversity values of the subject land (stage 1 of the Biodiversity Assessment Method)
  • how the proponent proposes to avoid and minimise biodiversity impacts (stage 2 of the Biodiversity Assessment Method)
  • the offset obligation required to offset the residual biodiversity impacts of the proposed development (stage 2 of the Biodiversity Assessment Method).

What is a Review of Environmental Factors (REF)?

A Review of Environmental Factors is an assessment of the possible environmental impacts of a proposed activity or development undertaken by public or self-determining authorities to determine whether an activity should be approved taking into account prescribed considerations.

The issues considered in a REF include all possible matters affecting or likely to affect the environment, including threatened species, ecological communities and their habitats.

Biodiversity assessments in New South Wales

Does Ecology Consulting have accredited assessors?

Yes, our Senior Ecologists have been accredited by the NSW Government. They oversee and authorise all of our biodiversity assessments, including:

  • Flora and Fauna Assessment Reports (FFAs)
  • Biodiversity Development Assessment Reports (BDARs)
  • Biodiversity Stewardship Site Assessment Reports (BSSARs)
  • Biodiversity Certification Assessment Reports (BCARs)

When is an accredited assessor required?

You are required by law in New South Wales to use an accredited assessor to apply the Biodiversity Assessment Method if:

  • the Biodiversity Offsets Scheme applies to your development, clearing or activity
  • you are a landholder who wants to enter into a Biodiversity Stewardship Agreement to generate biodiversity credits by conserving land
  • you wish to apply for biodiversity certification of land

Your accredited assessor will apply the prescribed Biodiversity Assessment Method and produce the relevant biodiversity assessment report. Only accredited assessors are permitted to prepare BDARs, BSSARs or BCARs.

What reports can ecologists prepare if they are not accredited?

Suitably qualified ecological consultants who are not accredited assessors can undertake other work related to the Biodiversity Conservation Act 2016, such as:

  • carrying out a test of significance
  • determining whether the impact of a proposal exceeds the Biodiversity Offsets Scheme thresholds
  • preparing a Flora and Fauna Assessment

However, at Ecology Consulting, accredited assessors oversee all of our biodiversity assessments and authorise reports.

Your ecologist does not need to be accredited by the NSW Government to prepare an FFA. But be wary about appointing an ecologist who is not accredited. If they apply the test of significance incorrectly or the report is inadequate, and the Council rejects your Development Application as a result, you will have wasted significant time and money on what appeared to be a cheap option. This does happen!

Ecology Consulting will not reuse work prepared by an ecologist who has not been accredited—we will start your assessment from scratch!

When should I engage an accredited biodiversity assessor?

It is wise to engage an accredited biodiversity assessor early in your develop process so we can help with critical siting advice.

Our team can recommend methods for avoidance, minimisation and mitigation measures which are practical and respond to local, state and Commonwealth regulations to:

  • avoid impacting native vegetation, including areas mapped within the NSW Biodiversity Values Map
  • avoid impacts to Threatened Ecological Communities
  • avoid removing large native trees, hollow-bearing trees or dead trees with hollows or cavities, as they provide vital habitat for native fauna
  • locate your buildings to maximise the distance from any areas of native vegetation or to minimise vegetation removal required for bushfire asset protection zones (APZ)

We often get engaged too late in the development process for you to implement our siting advice or for us to quickly schedule your assessment. This could have severe financial and time consequences for you, by:

  • unwittingly triggering the test of significance, and so requiring a much more detailed biodiversity assessment for your property
  • missing simple opportunities to demonstrate avoidance, minimisation and mitigation measures, and so make it easier for the Council to approve your Development Application
  • missing opportunities to slot into our work schedule—for example, our work schedule is usually very tight in spring and summer, which is the peak period for threatened species surveys

If you do not demonstrate sufficient avoidance. minimisation or mitigation, then Council may reject your Development Application.

What are avoidance, minimisation and mitigation measures?

If your development risks impacts to native vegetation, habitat or fauna, you are expected to be able to demonstrate how you have taken avoidance, minimisation and mitigation measures.

Avoidance and minimisation measures may include:

  • avoiding impacts to native vegetation, especially areas with Biodiversity Values Mapping
  • avoiding impacts to Threatened Ecological Communities
  • avoid removing large native trees, hollow bearing trees, and even dead trees and logs with hollows or cavities which may still provide vital habitat
  • avoid removing removing large rocks or impacting caves or rock outcrops
  • avoid the fragmentation or isolation of habitat and the obstruction of habitat corridors
  • locate your dwelling to minimise vegetation removal for bushfire asset protection zones (APZ)
  • even avoiding the demolition of man-made structures that may provide habitat—for example, old buildings or road culverts may be home to colonies of bats

Mitigation and offset measures may include:

  • installation of nest boxes or artificial hollows to replace destroyed habitat
  • pre-clearing surveys and clearing supervision by an ecologist to minimise harm and relocate affected wildlife or threatened plant species
  • replanting trees or re-vegetating retained habitats
  • implementing weed and pest management during and after development
  • implementing sediment and erosion control measures

What is Biodiversity Values Mapping?

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What is a Threatened Ecological Community?

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How long does it take to complete a Flora and Fauna Assessment?

A straightforward Flora and Fauna Assessment can be completed within 3 weeks, but this time will increase due to a range of factors:

  • how much work we have scheduled ahead of your assessment
  • how large your property is
  • travel time and access to your property for a site survey
  • whether any Biodiversity Values are mapped on or near your property
  • if a threatened species survey is required, there may be prescribed seasons when these can be undertaken

What are Local Environment Plans?

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What is the Biodiversity Offsets Scheme?

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When does the Biodiversity Offsets Scheme apply?

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What is the Biodiversity Assessment Method?

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What is a test of significance for biodiversity impacts?

A threatened species test of significance is required for:

  • local development proposals that do not exceed the Biodiversity Offsets Scheme thresholds
  • activities under Part 5 of the Environmental Planning and Assessment Act.

The test of significance is prescribed in clause 7.3 of the Biodiversity Conservation Act 2016 (NSW) to determine whether a proposed development or activity likely to significantly affect threatened species or ecological communities, or their habitats. It considers:

  • in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction
  • in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:
    • is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or
    • is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction
  • in relation to the habitat of a threatened species or ecological community
    • the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and
    • whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and
    • the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality
  • whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),
  • whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process

Understand how the test of significance should be interpreted and applied in the Threatened Species Test of Significance Guidelines.

Biodiversity assessments in the Australian Capital Territory

What is a Biodiversity Development Assessment Report (BDAR)?

National biodiversity assessments