Review of Environmental Factors - Camden Valley Way Upgrade and Liz Kernohan Drive Extension (Final) - Flipbook - Page 37
This REF provides an assessment of the proposed works against the relevant statutory documents
and demonstrates that Part 5 of the Act is the appropriate approval process. Under Section 5.1 of
the Act, the proposed development is defined as ‘carrying out of a work’ and is referred to as an
‘activity’, as such; the proposal will be referred to as ‘the activity’ in this report.
As Council is the proponent, the works are to be assessed as ‘development permissible without
consent’ under Part 5 of the Act.
Accordingly, Council must satisfy Sections 5.5, 5.6 and 5.7 of that Act by examining to the fullest
extent possible all matters which are likely to affect the environment. This REF is intended to assist,
and ensure Councils' compliance, with the Act including Sections 5.5, 5.6 and 5.7 and the
requirements of section 171 of the EP&A Regulation 2021. Environmental Planning Instruments
made under the Act may also be relevant and are addressed below.
5.2.2
Environmental Planning and Assessment Regulation 2021:
Section 171 of the Environmental Planning and Assessment Regulation 2021 (Regulation) details the
factors which must be taken into account when considering the likely impacts of an activity to be
carried out under Part 5 of the Act and is addressed in Section 5 of this REF.
5.2.3
Biodiversity Conservation Act 2016
The purpose of the Biodiversity Conservation Act 2016 is to maintain a healthy, productive, and
resilient environment for the greatest well-being of the community, now and into the future,
consistent with the principles of ecologically sustainable development (described in Section 6(2) of
the Protection of the Environment Administration Act 1991).
An activity under Part 5 that is ‘likely to significantly affect threatened species’ is regulated under
the Biodiversity Conservation Act 2016 and requires the preparation of a biodiversity development
assessment report (BDAR) or species impact statement (SIS) before it can be determined and
proceed. In accordance with Section 7.2(1) of the Biodiversity Conservation Act 2016, an activity is
likely to significantly affect threatened species if:
(a)
(b)
(c)
it is likely to significantly affect threatened species or ecological communities, or their habitats,
according to the test in section 7.3, or
the development exceeds the biodiversity offsets scheme threshold if the biodiversity offsets
scheme applies to the impacts of the development on biodiversity values, or
it is carried out in a declared area of outstanding biodiversity value.
The biodiversity offsets scheme does not apply to development under Part 5 (Section 7.2(2)).
Nevertheless, a search of the NSW Government Biodiversity Values Map and Threshold Tool was
undertaken on 27 June 2023. Mapped biodiversity value areas identified directly adjacent to the
site of the activity (see Figure 9). It is noted, however, that the Biodiversity Values Map is only
relevant to determining whether the Biodiversity Offset Scheme threshold has been exceeded, which
does not apply for Part 5 development.
17/065 | Revised REF: Camden Valley Way Road Widening Works
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