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In a recent article, we noted that the new Biodiversity laws (Biodiversity Conservation Act 2016) were expected to replace the EPA Act provisions regarding biodiversity assessment in February 2018, having already been moved from their original anticipated date of August 2017.

On 23 February 2018, the Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2018 was released, effectively extending the application of the pre-August 2017 provisions of the EPA Act relating to biodiversity assessment of Part 4 development applications to encompass the following local government areas:

  • Camden
  • Campbelltown
  • Central Coast
  • Cessnock
  • Coffs Harbour
  • Fairfield
  • Hawkesbury
  • Lake Macquarie
  • Liverpool
  • Maitland
  • Newcastle
  • Penrith
  • Port Stephens
  • Wollondilly

The period during which the former EPA Act planning provisions continue to apply in relation to the existing and these further areas is extended from 25 August 2017 to 25 November 2018.