220ZZSignificant effect on threatened species, populations or ecological communities, or their habitats

220ZZ Significant effect on threatened species, populations or ecological communities, or their habitats

220ZZ Significant effect on threatened species, populations or ecological communities, or their habitats

(1) If the action proposed to be taken by the applicant is not on land that is critical habitat and the application is not accompanied by a species impact statement, the Secretary must determine whether the action proposed is likely to significantly affect threatened species, populations or ecological communities, or their habitats.

(2) For that purpose, the Secretary must take into account the following—

(a) each of the factors listed in subsection (2A),

(b) any assessment guidelines issued and in force under section 220ZZA.

(2A) The following factors must be taken into account in making a determination under this section—

(a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

(b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,

(c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed—

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(d) in relation to the habitat of a threatened species, population or ecological community—

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and