New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5D

5D Application of Act to vulnerable ecological communities

(1) In this Act, a reference to "threatened species, populations and ecological communities" or "threatened species, population or ecological community" (however expressed) does not include a reference to any vulnerable ecological community.

(2) However, this section does not affect the application of this Act to any threatened species or endangered population that forms part of a vulnerable ecological community.

Note: Vulnerable ecological communities are generally excluded from the provisions of this Act relating to threatened species, populations and ecological communities, including provisions that require the concurrence of the Director-General of the Department of Environment, Climate Change and Water or the Minister administering the Threatened Species Conservation Act 1995 , or the preparation of a species impact statement, in respect of development or an activity that is likely to have a significant effect on threatened species, populations or ecological communities (subject to subsection (2) above). However, vulnerable ecological communities are relevant to the preparation of environmental planning instruments under section 26.