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Environmental Planning and Assessment Regulation 2021
28Development applications relating to Biodiversity Conservation Act 2016
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#### 28 Development applications relating to Biodiversity Conservation Act 2016
28 Development applications relating to [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)
> > (1) A development application for biodiversity compliant development must contain the reason the development is biodiversity compliant development.
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> > (2) A development application that is accompanied by a biodiversity development assessment report under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) must contain the biodiversity credits information.
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> > (3) A development application relating to land that is subject to a private land conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) must contain a description of the kind of agreement and the area to which it applies.
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> > (4) In this section—
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> > biodiversity compliant development means—
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> > > (a) development to be carried out on biodiversity certified land under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or
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> > > (b) development to which the biodiversity certification conferred by the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), Schedule 7, Part 7 applies, or
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> > > (c) development for which development consent is required under a biodiversity certified EPI, within the meaning of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), Schedule 7, Part 8.
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> > Note—
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> > The [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), clause 43 provides that the repeal of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) does not affect the operation of that Act, Schedule 7, Part 7 or 8.
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> > biodiversity credits information, in relation to a development application, means the reasonable steps taken to obtain like-for-like biodiversity credits required to be retired under the biodiversity development assessment report, if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).