Biodiversity Development Assessment Report (BDAR) Waiver

The Secretary (or delegate) of the New South Wales Department of Planning, Industry and Environment (DPIE) can waive the requirement for a Biodiversity Development Assessment Report (BDAR) when proponents of State Significant Infrastructure (SSI or State Signifiant Developments (SSD) can clearly demonstrate that the proposed development is not likely to have a significant impact on biodiversity values. 

Proponents who submit a Development Application (DA) are not eligible to apply for a BDAR waiver. 

Examples of situations where an SSD or SSI may apply for a BDAR Waiver include internal fitouts to an existing building or development on a previously cleared site that does not contained any habitats that could be used by a threatened species.

For the purpose of deciding whether the requirement for a BDAR can be waived, a proposed development could be considered as unlikely to have any significant impact on biodiversity values if it:

• will not clear or remove native vegetation other than:
  • a few single trees with no native understorey (native understorey includes any native tree, shrub or ground-cover native to NSW) to in an urban context
  • planted native vegetation that is not consistent with a definable Plant Community Type (PCT)  (i.e. planted street trees or garden beds)

• will have negligible adverse impacts on threatened species or ecological communities, considering habitat suitability, abundance and occurrence, habitat connectivity, movement and water sustainability including consideration of any non-natural features, non-native vegetation and human-built structures

• will have negligible adverse impacts on on any habitat corridor or flight path.

DPIE can refuse a BDAR waiver application and there is no mechanism to appeal their decision. In the event they refuse a BDAR waiver, you will be required to engage the services of an Accredited Biodiversity Assessor to prepare a BDAR Where there is reasonable doubt regarding potential impacts, or where information is not made available to the Department, a BDAR will be required. 

Contact Land Eco Consulting for assistance in preparing and submitting a BDAR Waiver for your SSD or SSI Project.