Posted on March 6, 2018 by Katie Mortimer and Sue Puckeridge

Update – Further extension for the commencement of new Biodiversity Laws

On 23 February 2018, the Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2018 (Amending Regulation) was released.

The Amending Regulation extends the application of the pre 25 August 2017 provisions (‘former provisions’) of the Environmental Planning & Assessment Act 1979 (‘EPA Act‘) relating to the biodiversity assessment of Part 4 development applications, or modification applications, lodged in an ‘interim designated area’.

The effect of Amending Regulation is that the former provisions continue to apply to development applications lodged under Part 4 of the EPA Act, or the modification of a development consent granted under Part 4 of the EPA Act, in the following local government areas until 25 November 2018:

(a)  the local government areas of Camden, City of Campbelltown, Central Coast, City of Cessnock, City of Coffs Harbour, City of Fairfield, City of Hawkesbury, City of Lake Macquarie, City of Liverpool, City of Maitland, City of Newcastle, City of Penrith, Port Stephens and Wollondilly Shire Council,

(b)  that part of the local government area of the City of Wollongong that comprises the land to which the West Dapto Urban Release Area proposed application for biodiversity certification applies (as described in the Proposed Applications for Biodiversity Certification Order 2017 published in the Government Gazette No 126 of 24 November 2017 at pages 7246–7255).

The Amending Regulation does not change the requirement that any species impact statement required to be submitted in connection with an application, must be submitted by 25 February 2019.

A copy of the Amending Regulation can be found here.

If you wish to discuss the new biodiversity or land clearing laws, please contact Sue Puckeridge, Partner on 8235 9702 or by email at