NSWIn ForceAct
Fisheries Management Act 1994
221ZVDetermination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community
Start here
Get a plain-English read of 221ZV
Turn the raw legal text into a practical explanation grounded in Fisheries Management Act 1994.
#### 221ZV Determination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community
221ZV Determination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community
> The following is to be taken into account for the purposes of determining under this Division whether a proposed development or activity is likely to significantly affect threatened species, populations or ecological communities (unless it is carried out in critical habitat)—
>
> > (a) in the case of a threatened species, whether the proposed development or activity 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 proposed development or activity 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 proposed development or activity—
> >
> > > (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 proposed development or activity, 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 development or activity, and
> >
> > > (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the threatened species, population or ecological community in the locality,
>
> > (e) whether the proposed development or activity is likely to have an adverse effect on any critical habitat (either directly or indirectly),
>
> > (f) whether the proposed development or activity is consistent with a Priorities Action Statement,
>
> > (g) whether the proposed development constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.
>
> The assessment guidelines under section 220ZZA apply to the determination of whether any such proposed development or activity is likely to significantly affect threatened species.
>
> **s 221ZV:** Ins 2016 No 63, Sch 11.2 \[15\].