What is a BDAR Waiver? (And How It Can Save Your SSD)

If you are managing a State Significant Development (SSD) or State Significant Infrastructure (SSI) project in NSW, you likely already know that the planning rules are different for you compared to a standard local DA.

Under Section 7.9 of the Biodiversity Conservation Act 2016 (BC Act), all SSD and SSI applications automatically require a Biodiversity Development Assessment Report (BDAR).

It does not matter if you do not trigger the clearing threshold. It does not matter if you are not on the Biodiversity Values Map. The legislation assumes you need one.

But what if your "State Significant" site is a concrete car park in the middle of a high-density urban centre? Do you really need to spend months and tens of thousands of dollars assessing biodiversity that isn't there?

The answer is no—but only if you secure a BDAR Waiver.

What is a BDAR Waiver?

A BDAR Waiver is a formal determination issued by the Department of Planning and Environment (DPE) and the Environment, Energy and Science (EES) Group. It explicitly exempts a specific State Significant project from the requirement to prepare a BDAR.

Essentially, it is a "common sense" clause found in Section 7.9(2) of the BC Act. It allows the government to agree that, despite the project's size, the site itself has such negligible ecological value that a full assessment would be unnecessary and wasteful.

When Do You Need a BDAR Waiver?

You should consider applying for a BDAR Waiver if:

1. You are lodging an SSD or SSI application: Remember, standard Part 4 DAs do not need "waivers"—if they don't trigger the BOS, they just don't do a BDAR. This process is specific to Major Projects.

   
   

2. Your site has no "biodiversity values": This means no remnant native vegetation, no threatened species habitat, and no connectivity links.

   
   

A BDAR Waiver can Streamline your SSD

How to Prove You Qualify (The Criteria)

Getting a waiver isn't as simple as writing a letter saying "there are no trees." You must provide scientific evidence that the development will not have a significant impact on biodiversity values.

To successfully obtain a waiver, your ecological consultant must address specific "Biodiversity Values" outlined in the legislation. Here are the three key "proof points" typically required:

1. Vegetation Abundance & Integrity (Is it just weeds?)

You must demonstrate that the site is highly modified and that any vegetation present is non-remnant, planted, or exotic.

• The Evidence Required: Your ecologist will need to map the site and prove that the vegetation acts as historic urban landscaping rather than a native ecosystem. If the site contains primarily exotic weeds or planted ornamentals, it is generally considered to have negligible value.

  
  

2. Habitat Suitability (Are there hidden animals?)

Even if there are no trees, man-made structures can act as habitat. "Prescribed Impacts" under Clause 6.1 of the Biodiversity Conservation Regulation 2017 require us to check if animals are using the buildings.

• The Evidence Required: A major concern for derelict buildings or carparks is microbats. A waiver request often requires a thorough daytime roost search using high-powered torches to inspect cracks, crevices, and voids. The presence of common pests (like pigeons) does not count as biodiversity value, but you must scientifically prove that threatened species (like bats) are absent.

  
  

3. Connectivity and Flight Paths

You must show that your building won't block the movement of threatened species or interfere with flight paths.

• The Evidence Required: If your site is a "brownfield" lot in a high-density precinct bounded by major roads, it likely does not function as a wildlife corridor. Your application must demonstrate that there is no vegetation connecting the site to wider habitats.

  
  

The Process: How to Apply

1. Engage an Ecologist: You need a qualified consultant to assess the site and prepare a BDAR Waiver Request Report. This is a technical document, not just a letter.

   
   

2. Field Survey: The ecologist must visit the site to map vegetation and inspect structures for "prescribed impacts" (human-made habitat).

   
   

3. Submit to Department of Planning: The report is submitted to the Department of Planning & Environment (DPE) generally before your Environmental Impact Statement (EIS) is finalised.

4. Determination: Both the DPE and the EES (Environment branch) must sign off. Once signed, the requirement for a BDAR is legally removed.

Conclusion

For State Significant Developments, a BDAR Waiver is the difference between a streamlined approval and a costly, unnecessary administrative burden. If your major project is on a highly urbanised, brownfield, or cleared site, do not assume you need to produce a full BDAR.

Think your SSD might qualify for a waiver?

Contact Ecological Solutions. We have the experience to assess your site, prepare the technical evidence, and guide your project through the waiver process.

Disclaimer: This information is based on the NSW Biodiversity Conservation Act 2016. Every project is unique—contact us for site-specific advice.