New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 111

Duty to consider environmental impact

111 Duty to consider environmental impact

(1) For the purpose of attaining the objects of this Act relating to the protection and enhancement of the environment, a determining authority in its consideration of an activity shall, notwithstanding any other provisions of this Act or the provisions of any other Act or of any instrument made under this or any other Act, examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity.
(2) Without limiting subsection (1), a determining authority shall consider the effect of an activity on:
(a) any conservation agreement entered into under the National Parks and Wildlife Act 1974 and applying to the whole or part of the land to which the activity relates, and
(b) any plan of management adopted under that Act for the conservation area to which the agreement relates, and
(c) any joint management agreement entered into under the Threatened Species Conservation Act 1995 , and
(d) any biobanking agreement entered into under Part 7A of the Threatened Species Conservation Act 1995 that applies to the whole or part of the land to which the activity relates.
(3) Without limiting subsection (1), a determining authority shall consider the effect of an activity on any wilderness area (within the meaning of the Wilderness Act 1987 ) in the locality in which the activity is intended to be carried on.
(4) Without limiting subsection (1), a determining authority must consider the effect of an activity on:
(a) critical habitat, and
(b) in the case of threatened species, populations and ecological communities, and their habitats, whether there is likely to be a significant effect on those species, populations or ecological communities, or those habitats, and
(c) any other protected fauna or protected native plants within the meaning of the National Parks and Wildlife Act 1974 .
The determining authority is not required to consider the effect of an activity on biodiversity values if:
(a) the activity is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995 ), or
(b) a biobanking statement has been issued in respect of the activity under Part 7A of the Threatened Species Conservation Act 1995 .



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