BIODIVERSITY CONSERVATION ACT 2016 - SECT 7.2 Development or activity "likely to significantly affect threatened species"

BIODIVERSITY CONSERVATION ACT 2016 - SECT 7.2

7.2 Development or activity "likely to significantly affect threatened species"

(1) For the purposes of this Part, development or an activity is
"likely to significantly affect threatened species" if--

(a) it is likely to significantly affect threatened species or ecological communities, or their habitats, according to the test in section 7.3, or

(b) the development exceeds the biodiversity offsets scheme threshold if the biodiversity offsets scheme applies to the impacts of the development on biodiversity values, or

(c) it is carried out in a declared area of outstanding biodiversity value.

(2) To avoid doubt, subsection (1)(b) does not apply to development that is an activity subject to environmental impact assessment under Part 5 of the Environmental Planning and Assessment Act 1979 .