PART ONE - Fishers Ghost

The Biodiversity Certification Act also made an amendment to the application of theGrowth Centres biodiversity certification. Specifically, Clause 18(2) of Part 7 ofSchedule 7 to the TSC Act was amended as follows (underlined text indicates theamendments made to the clause):(2) The biodiversity certification conferred by this Part applies:(a)(b)(c)Only to the subject land (being biodiversity certified lands within theGrowth Centres), andTo all development and activities that may be carried out under theGrowth Centres SEPP (including development and activities that maybe carried out under another Environmental Planning Instrument (EPI)that applies to the subject land), andto all threatened species, populations and ecological communities.The effect of the amendment is that biodiversity certification now applies to alldevelopment and activities that may be carried out under any EnvironmentalPlanning Instruments that apply to the subject land (biodiversity certified land withinthe Growth Centres), which may include the Growth Centres SEPP, and any localenvironmental plans or other State Environmental Planning Policies) irrespective ofwhether that land has been rezoned under the Growth Centres SEPP or not.The subsequent implications for Council are that any Part 4 developmentapplications lodged with Council which proposes development on biodiversitycertified land (as mapped in Part 7 of Schedule 7 of the TSC Act) do not require athreatened species assessment regardless of what planning instrument the worksare being carried out in accordance with. Also, as the consent authority, Council isrequired to determine whether a site to which a development application relates issituated within certified or non-certified lands.The TSC Act continues to apply to all development carried out on non-certified landand a threatened species assessment may be required where the developmentinvolves the clearing of vegetation. Under such circumstances, the development willalso need to address any relevant requirements of the Growth centres SEPP,including vegetation clearing controls.Officer's RecommendationThat the information be noted.Committee’s Recommendation: (Bourke/Greiss)That the Officer's Recommendation be adopted.CARRIED