Biodiversity Development Assessment Report (BDAR) Waiver

A Biodiversity Development Assessment Report (BDAR) is essential when proponents of State Significant Infrastructure (SSI) or State Significant Developments (SSD) lodge their applications.

The exception to requiring a BDAR is when the proponent can clearly demonstrate that the proposed development is not likely to have a significant impact on biodiversity values through the 'BDAR Waiver' application process.

The New South Wales Planning Agency Head and the Environment Agency Head (or their delegates) will only waive the need for a BDAR if you engage a suitably qualified person, such as the Ecologists at Land Eco Consulting, to prepare a complete and adequate BDAR Waiver Application Report.

Proponents who apply for a local development / 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 a 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.

The NSW regulatory authority can refuse a BDAR waiver application and there is no mechanism to appeal their decision. 

In the event the regulator refuses your BDAR waiver application, 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.