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Planning EnvironmentEnvironmental RegulationsHARD

A developer proposes to subdivide land containing mapped native vegetation that forms a biodiversity corridor protected under state biodiversity law. Which outcome is most likely?

Correct Answer

D) Refusal unless impacts are avoided, minimised or offset as the biodiversity rules require.

State biodiversity laws apply a mitigation hierarchy: impacts on protected vegetation must first be avoided, then minimised, and only the residual impact offset. In NSW, for example, the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016 applies, and Victoria's planning schemes set equivalent rules for native vegetation removal. A proposal that cannot meet the hierarchy is likely to be refused.

Answer Options
A
Approval as of right, provided the lots meet the council's minimum lot size rules.
B
Referral to the Commonwealth for assessment under native title legislation.
C
Approval once the developer pays the council's standard development contributions.
D
Refusal unless impacts are avoided, minimised or offset as the biodiversity rules require.

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Related Topics & Key Terms

Key Terms:

biodiversity corridoroffset frameworkavoid minimize offsetstate environmental planning policyecological connectivity
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