Species Impact Statement:

Species impact statements are required for developments that are to take place on land which contains a critical habitat, or will impact on the life of endangered species of their populations. These statements must be prepared in accordance with the provisions of the Threatened Species Conservation Act 1995 (NSW) or the Fisheries Management Act 1994 (NSW), whichever is relevant to the proposed development. Any approval for the development application from the consenting authority is contingent on the proper completion of these statements. Ordinarily, the species impact statement will contain the following information:

• A description of the species being affected by the proposed development;
• A full description of the proposed development itself and its likely impact;
• An estimated number or population of the species that may be threatened by the development; and
• A description of any steps taken to mitigate the adverse impact of the proposed development.

The consenting authority will then consider all the details that are contained in the species impact statement and make a determination in accordance with the provisions of section 5A(2) of the Threatened Species Conservation Act 1995 (NSW):

• In relation to “threatened species” and “endangered populations” whether the lifecycle of the species will be disturbed to the point of threatening extinction;
• In relation to “endangered ecological communities” whether the disturbance may threaten extinction or “substantially and adversely modify the endangered community”;
• In relation to a “habitat”, “threatened species”, “threatened population”, or “threatened ecological community”, the degree to which the habitat will be modified, fragmented, isolated or otherwise interfered with and its relative significant vis-à-vis the safety of the species, population or endangered community;
• Any adverse impact on a “critical habitat”;
• The effect on any recovery plan or threat abatement plan; and
• Whether the proposed development would constitute a “key threatening process”.

As can be seen, the above criteria and considerations are heavily fact and evidence based. The legal requirements of the species impact statement must be satisfied and it is not inconceivable that disputes may result from the different interpretation of data and information. In these situations, legal representation may be invaluable to ensure that all necessary documentation is drafted properly so that all legislative and other requirements are covered. Proper legal counsel may also be essential in any process of making submissions to any relevant authority or engaging in negotiated dispute resolution procedures.

Issues relating to Biobanking and Biocertification can be found under our “Biodiversity Law” section. For more information about provisions relating to the protection of the local environment around which the proposed development is to take place, see our sections on “Native Species Legislation”, “Environmental Impact Assessment” and “Environmental Risk Assessment”. 

If you are concerned about the impact and effect of a species impact statement on your use of your property, there might be a number of pertinent legal issues that will need to be contemplated before the right steps to deal with your case are properly understood. Our environmental lawyers have been assisting property owners for over a decade; we have the expertise and skills necessary to guide you through cases involving species impact statements.

If you would wish to discuss a species impact statement matter with an environmental lawyer, you can contact our firm to set a meeting with one of our environmental solicitors by telephone on (02) 9233 4048 or send an email to info@navado.com. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.