Biodiversity Development Control Plan (DCP)

Tweed Biodiversity DCP LGNSW Excellence in the Environment Awards 2019/2020

Biodiversity Development Control

Plan (DCP)

Mark Kingston - Senior Policy Officer, Biodiversity

Michael Banks - Biodiversity Planner/ Project Officer


Background


Biodiversity Assessment of Development -

How has the system changed?

Old System

EP&A Act only

EP&A Act Aims etc

7 part threatened species test (s5a)

EP&A Act s4.15 considerations (previously s79C)

Planning instruments (SEPPs, REPs, LEPs)

DCPs, Council policy etc.

Related Acts (CM Act, Fisheries Act etc)

New System

EP&A Act and BC Act

EP&A Act Aims etc

BC Act Aims etc

BOS Thresholds

EP&A Act s4.15 considerations (previously s79C)

Planning instruments (SEPPs, REPs, LEPs)

DCPs, Council policy etc.

Related Acts (CM Act, Fisheries Act etc)

Biodiversity Assessment Method (BAM)

Mitigation Hierarchy (avoid, minimise, offset)

Offset rules

Serious and Irreversible Impacts


No

ne

t lo

ss

Offset

Avoid

Minimise

Mitigation Hierarchy and the Role of Council

• Offsets are highly regulated under BC Act (if

BOS applies)

• But Councils can apply offsets under the BOS

Thresholds

• “Avoid and minimise”

regulated by Council (s

7.13, BC Act)

• Councils can determine

their own “avoid and

minimise” standards

• “Considerations” but

no standards under the

BAM (BC Act)


What does the plan do?


Where does it apply?


What does it cover?


Plan Structure


Avoiding important areas - Red FlagsRed Flag Ecological

Setback

Endangered Ecological Communities (EECs) 30

Over-cleared vegetation and landscapes 20

Old Growth 30

Wetlands 20-50

Steep bushland (>18deg) 20

Protected habitat 20 min

Defined wildlife corridors 20

Threatened and significant plants 10

Threatened and significant fauna habitat 20

Koala habitat 20

Waterways and riparian areas 10-50

Flying fox camps 20*

Very large native trees 10

Stags and hollow trees 10

Raptor nests 50


Ecological Setbacks and Buffers

.


Protection and Management

Potential

lots

Protection for…. Management

duration

>= 25

• Red flagged areas across entire site

• Ecological setbacks within 100m of the development envelope

• Ecological setbacks to important wetlands, estuarine areas, third

order streams or greater across the entire site.

In perpetuity

6-24

• Red flagged areas within 100m of the development envelope

• Ecological setbacks within 100m of the development envelope

• Important wetlands, estuarine areas, third order streams or greater

and associated ecological setbacks across the entire site.

Establishment

+ 10yrs

<= 5 • Red flagged areas within 100m of the development envelope

• Ecological setbacks within 100m of development envelope

Establishment

+5 yrs


Variation Provisions


Biodiversity Assessment - Two Pathways

Pathway 2 -

Assessment under Part 4 of

the EP&A Act and

Part 7 of the BC Act

Pathway 1 -

Assessment under

Part 4 of the EP&A Act

Local development

proposal (DA required)

yesno

Does the

Biodiversity

Offset Scheme

(BOS) apply?


Pathway 1 – Development below the BOS Threshold

(EP&A Act only)

Consider other

planning/design issues

Consider A16

Preservation of Trees

DCP if relevant

yesnoDoes A19

Biodiversity DCP

apply?

Consider A19

Biodiversity DCP

DA Pre-lodgement consultation

if necessary

Re-design as

necessary

Prepare and submit

Development Application


Pathway 2 - Development above the BOS Threshold

EP&A Act and BC Act

Consider other planning/design issues

Define the development envelope considering:

• DCP A19 Biodiversity

• Biodiversity Assessment Method (BAM)

DA Pre-lodgement consultation

if necessary

Prepare and submit

Development Application

Both of the following apply:

• DCP A19 Biodiversity

• Biodiversity Offset Scheme

Re-design as

necessary

Reduce clearing to below BOS

threshold – proceed via

Pathway 1


DA Submission Requirements

Pathway 1 (EP&A Act only)

- below BOS Threshold

Pathway 2 (EP&A Act and BC Act)

- above BOS Threshold

Minor Ecological Assessment or

Baseline Ecological Assessment (if

required)

Biodiversity Development Assessment

Report (BDAR)

Draft Habitat Management Plan (if

required)

Draft Habitat Management Plan (if

required)

Response to statutory considerations Response to statutory considerations

Response to DCP A19 development

controls

Response to DCP A19 development

controls

Pre-lodgement consultations (if

relevant)

Pre-lodgement consultations (if

relevant)

Variations (if relevant) Variations (if relevant)


Summary of Key Features


Questions?

Documents

Biodiversity Development Control Plan (DCP)