3Criteria for declaring areas of outstanding biodiversity value (section 3.2)

#### 3 Criteria for declaring areas of outstanding biodiversity value (section 3.2) 3.1 Criteria for declaring areas of outstanding biodiversity value (section 3.2) > > (1) This clause sets out the criteria to be applied by the Minister in determining whether an area should be declared an area of outstanding biodiversity value because— > > > > > (a) the area is important at a state, national or global scale, and > > > > > (b) the area makes a significant contribution to the persistence of at least one of the following— > > > > > > > (i) multiple species or at least one threatened species or ecological community, > > > > > > > (ii) irreplaceable biological distinctiveness, > > > > > > > (iii) ecological processes or ecological integrity, > > > > > > > (iv) outstanding ecological value for education or scientific research. > > > (2) An area makes a significant contribution to the persistence of multiple species or at least one threatened species or ecological community if— > > > > > (a) it provides resilience during periods of environmental stress that is important for their continued existence, or > > > > > (b) it sustains adaptive capacity or evolutionary potential because it contains high levels of unique components of genetic or phenotypic diversity that will enable species to adapt to changing environments or it functions as an important ecological or evolutionary refuge able to sustain viable populations of species at risk due to climate change or other environmental stresses, or > > > > > (c) it supports migration or dispersal of animals and plants, currently or in the future, that will contribute significantly to the persistence of species at risk, or > > > > > (d) it is habitat critical for the survival of a threatened species. > > > (3) An area makes a significant contribution to the persistence of irreplaceable biological distinctiveness if— > > > > > (a) it has a very high structural, functional or compositional diversity, or > > > > > (b) it is an essential site for the persistence of evolutionary or ecological distinctive species, endemic species or ecological communities, or > > > > > (c) it is an essential site for the persistence of 2 or more threatened species or ecological communities in any combination. > > > (4) An area makes a significant contribution to the persistence of ecological processes or ecological integrity if— > > > > > (a) it has ecological integrity, being an area that is— > > > > > > > (i) an outstanding, relatively intact example of a functioning ecosystem type, or if a fully intact ecosystem does not remain, then the best remaining example of that ecosystem type that contributes to maintaining the persistence of biodiversity and ecological integrity, or > > > > > > > (ii) the most intact remaining site of a species occurrence that provides habitat requirements vital to the conservation of a species, or > > > > > > > (iii) the last known remaining site of a species occurrence, or > > > > > (b) it is a primary contributor to the continuation of essential ecological processes, or > > > > > (c) it is an essential site for a significant proportion of the population of a species during one or more key life history stages or processes. > > > (5) An area makes a significant contribution to the persistence of outstanding ecological value for education or scientific research if it contains established infrastructure or data related to long-term ecological research monitoring programs that establish an irreplaceable historic baseline, being the best site anywhere in NSW for long-term research on particular species, ecological communities or ecological processes. > > > (6) The Environment Agency Head may, following consultation with the Secretary of the Department of Planning, Housing and Infrastructure, publish guidelines on the application of the criteria under this clause that the Environment Agency Head will take into account when making a recommendation under section 3.3 of the Act for the declaration of an area of outstanding biodiversity value. > > **cl 3.1:** Am 2024 No 47, Sch 1.3\[2\].