Consult the biodiversity agency about impacts on threatened species and habitat.
Where a planning proposal impacts an area on the Biodiversity Values Map or exceeds the Biodiversity Offsets Scheme clearing threshold, the planning proposal authority must consult with the relevant agency about likely impacts on threatened species, ecological communities or their habitats.
Direction P5.6 is a NSW planning direction that steps in when a council or other planning proposal authority wants to change planning rules (a planning proposal, such as a rezoning or LEP amendment) in a way that could harm threatened plants, animals, ecological communities or their habitat. Its purpose is to make sure biodiversity impacts are considered early — before the planning rules are locked in — rather than only at the later development application stage. The mechanism is deliberately simple: it forces a formal conversation with the relevant biodiversity conservation authority so that the ecological risks are on the table before the proposal advances.
A planning proposal authority (typically a council, but any authority preparing a planning proposal) when preparing a planning proposal that meets the triggers.
It is triggered when a planning proposal either impacts on an area shown on the Biodiversity Values Map (published under Part 7 of the Biodiversity Conservation Regulation 2017), or exceeds the area clearing threshold set for the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016.
The direction relies on the Biodiversity Values Map published under Part 7 of the Biodiversity Conservation Regulation 2017 (NSW) and the area clearing threshold for the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016. Both the map and the threshold tool are prepared by the Department of Climate Change, Energy, the Environment and Water.
The planning proposal authority must consult with the DCA on the likely impacts of the planning proposal on threatened species or ecological communities, or their habitats.
The Biodiversity Values Map and Threshold tool prepared by the Department of Climate Change, Energy, the Environment and Water can be used to determine whether a planning proposal meets the mapping or clearing thresholds.
This bites in Kiama. The LGA has extensive vegetated escarpment, rainforest remnants, coastal habitat and rural land that is likely to appear on the Biodiversity Values Map, so a rezoning or LEP amendment touching those areas — or one clearing enough land to exceed the offsets threshold — obliges the council as planning proposal authority to consult the biodiversity conservation authority on threatened species and habitat impacts before proceeding. Council should run any Kiama planning proposal through the Biodiversity Values Map and Threshold tool early to confirm whether P5.6 applies.
P5.6 – Threatened species, threatened ecological communities and their habitat Application P5.6 applies to a planning proposal authority when preparing a planning proposal that impacts on an area mapped on the Biodiversity Values Map, as published by the Department of Climate Change, Energy, the Environment and Water under Part 7 of the Biodiversity Conservation Regulation 2017 (NSW), or exceeds the area clearing threshold established for the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016. Direction Principles 1) The Planning Proposal Authority must consult with the DCA on the likely impacts of the planning proposal on threatened species or ecological communities, or their habitats. Note: The Biodiversity Values Map and Threshold tool prepared by Department of Climate Change, Energy, the Environment and Water and published on their website can be used to determine if a planning proposal meets these thresholds.
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.