Review of Environmental Factors - Camden Valley Way Upgrade and Liz Kernohan Drive Extension (Final) - Flipbook - Page 36
5.
PLANNING CONTEXT
The provisions of the Act govern development within New South Wales. The following provides an
assessment of the Activity against the relevant statutory documents and concludes that Part 5 of
the Act is the applicable governing instrument.
5.1
5.1.1
COMMONWEALTH LEGISLATION
Environment Protection and Biodiversity Conservation Act 1999
The Environment Protection and Biodiversity Act 1999 (EPBC Act) is administered by the Federal
Department of Sustainability, Environment, Water, Population and Communities (DSEWPAC).
The nine matters of national environmental significance to which the EPBC Act applies includes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
World heritage sites.
National heritage places.
Wetlands of international importance.
Nationally threatened species and ecological communities.
Migratory species.
Commonwealth marine areas.
The Great Barrier Reef Marine Park.
Nuclear actions.
A water resource in relation to coal seam gas development and large coal mining
development.
The proposed activity is considered an ‘action’ under Section 523 of the EPBC Act that aims to protect
and manage matters of national environmental significance from actions that are likely to have a
significant impact. The EPBC Act lists criteria that are used to determine whether or not an action
is likely to have a significant effect on matters of national environmental significance. An action may
be referred to the Department of Agriculture, Water, and the Environment for assessment to
determine whether the likely environmental impacts are such that should be assessed under the
EPBC Act. Should the Minister of the Department of Agriculture, Water and the Environment decide
the proposed action requires approval, the proposed action is called a ‘controlled action’ and is
subject to a formal assessment and approval process.
In reviewing the Department of Agriculture, Water and the Environment Protected Matters Search
Too on 27 June 2023, incorporating the entire area of the subject site. The search result noted nil
species being within the minimum 10km search locality, refer to Appendix F.
Overall, it is considered that no further action is required under the EPBC Act.
5.2
5.2.1
NSW LEGISLATION
Environmental Planning and Assessment Act 1979
The Act provides the legislative requirements and processes for any development within NSW. Any
development in NSW is determined in accordance with the provisions of Part 4 or Part 5 of the Act.
Where an environmental planning instrument provides that specified development may be carried
out without the need for development consent, a proponent may carry the development out on land
to which the provision applies in accordance with that instrument.
17/065 | Revised REF: Camden Valley Way Road Widening Works
Page | 29
