Threatened Ecological Communities are protected by the law, what does that mean?

Threatened Ecological Communities in NSW are listed under the Threatened Species Conservation Act 1995 (TSC Act), as either: Critically Endangered, Endangered or Vulnerable, depending on the level of threat they are facing. This listing triggers the application of other legislation. These mechanisms are:

1. Assessment of Significance, s5A, Environmental Planning & Assessment Act 1979 (EP& Act)
   The Assessment of Significance is an assessment of impacts that must be undertaken prior to a development or activity being approved to determine if there is likely to be a �significanteffect on threatened species, populations, ecological communities or their habitats�. If an effect is assessed as likely to be �significant� by the proponent, consent or determining authority, then more information in the form of a Species Impact Statement is required before the development or activity can be approved. Alternatively, the proponent may review the application to minimise the impact. For more information on determining the level of impact see: Assessment of Significance Guidelines. (Note: this does not apply to Vulnerable Ecological Communities)

 
2. Part 3A, Environmental Planning and Assessment Act 1979, Environmental Assessment Guidelines
   Part 3A of the EP&A Act deals with major projects and critical infrastructure. Whilst there is no Assessment of Significance required for these projects, proponents must demonstrate that a proposal will �improve or maintain� biodiversity outcomes. DECC in conjunction with the NSW Dept. of Primary Industries have prepared Part 3A threatened species assessment guidelines for the NSW Dept. of Planning to ensure that projects provide appropriate impact assessment for Threatened Ecological Communities (as well as threatened species and populations). Assessment under Part 3A allows the use of avoidance and impact mitigation strategies as well as offsets, to achieve maintain-or-improve outcomes and reduce the impacts of these projects on Threatened Ecological Communities. Contact NSW Dept. of Planning for more information.

 
3. Environmental Outcomes Assessment Methodology, part 5, Native Vegetation Act 2003.
   The Environmental Outcomes Assessment Methodology (EOAM) (which has received Biodiversity Certification under the TSC Act) assesses the impact of clearing native vegetation against four environmental values: water quality, soils, salinity and biodiversity (including threatened species, populations and ecological communities). Clearing is not permitted in Threatened Ecological Communities using this methodology unless the ecological community is in �low condition� as measured against a benchmark for that community, and only then if the impact of that clearing is �offset� so as to �improve or maintain environmental outcomes�. For more information see the Biometric page on the DECC website and the NSW Governments Native Vegetation website.

 
4. Biobanking Methodology, Threatened Species Conservation Act 1995.
   The Biobanking Methodology (BM) assesses the impact of proposed development upon threatened species, populations and ecological communities, and allows for credits to be purchased in order to offset the impacts of that development. Similar to the EOAM, the BM also has the objective of �improving or maintaining environmental outcomes�. For more details on Biobanking, see the Conservation Options page on the DECC website.

 
5. Licensing.
   A licence may be required under section 91 of the Threatened Species Conservation Act 1995 if an action is likely to result in:
   
   1. harm to, or picking of, a threatend species, population or ecological community
   2. damage to critical habitat; or
   3. damage to a habitat of a threatended species, population or ecological community.
   
   More information on s91 licensing can be found here.
   
   A licence under section 132C of National Parks and Wildlife Act 1974 is required for activities for scientific, educational or conservation purposes that is likely to result in:
   
   1. Harm to any protected fauna, or to an animal that is a threatened species or is part of an endangered population or ecological community.
   2. Harm to any protected native plant, or any plant that is a threatened species or is part of an endangered population or ecological community. You will need a licence if you plan to collect voucher specimens for identification purposes, pick cuttings or whole plants, or collect seed.
   3. Damage to critical habitat.
   4. Damage to a habitat of a threatened species, population or ecological community.
   
   See the Scientific Licensing page on this site for more information.