When is a BDAR Required in NSW? A User’s Guide to the BOS Threshold

For any developer, council, or land manager in NSW, one of the first questions in the planning process is: "Do we need a BDAR?"

A Biodiversity Development Assessment Report (BDAR) is a significant and costly undertaking . Misunderstanding the triggers can lead to major DA delays, unexpected expenses, and serious compliance issues .

As ecological consultants for NSW-wide projects, our first job is to provide a clear, commercially sound pathway to approval . This starts with a pre-DA ecological assessment to determine one thing: does your project trigger the Biodiversity Offsets Scheme (BOS)? .

When is a BDAR Required in NSW? The 3 Key Triggers

Under the NSW Biodiversity Conservation Act 2016 (BC Act), you are required to engage an accredited assessor to prepare a BDAR if your project triggers the BOS .

While many people know about the clearing thresholds, there are actually three distinct triggers you must check against:

1. The Area Clearing Threshold

The BC Act sets specific limits on the area of native vegetation you can clear before a BDAR is mandatory . This threshold is tiered based on the "minimum lot size" (MLS) of your property, as defined by your Local Environmental Plan (LEP) .

According to the NSW Government, the BOS is triggered if your clearing area meets or exceeds the following :

• 0.25 ha or more (on land with an MLS of less than 1 ha)

• 0.5 ha or more (on land with an MLS of 1 ha to less than 40 ha)

• 1 ha or more (on land with an MLS of 40 ha to less than 1,000 ha)

• 2 ha or more (on land with an MLS of 1,000 ha or more)

If your clearing footprint remains below the threshold applicable to your lot size, a BDAR is generally not triggered by this specific test .

2. The Biodiversity Values (BV) Map

The second trigger applies if any part of your proposed development footprint is on land mapped on the government's Biodiversity Values (BV) Map and the proposal involves the removal or harm of native vegetation within this area .

This map identifies areas of high ecological importance . As part of standard due diligence, your ecologist will check your project footprint against the BV Map . If the site is not mapped, a BDAR is not triggered on this test .

Map highlighting areas of biodiversity significance, with purple indicating the Biodiversity Values Map (BV map) surrounding a suburban neighborhood, roads, and bodies of water.

3. The Test of Significance (Threatened Species Impact)

There is a third trigger that catches many applicants out because it isn't based on a map or a calculator. You may need a BDAR if your development is likely to have a "significant impact" on a threatened species or ecological community .

This is determined by a qualified ecologist using a formal assessment known as the Test of Significance (in accordance with Section 7.3 of the BC Act) .

Even if your clearing is under the area threshold (Trigger 1) and your land is not on the BV Map (Trigger 2), the presence of a threatened entity (like a Koala, a Powerful Owl, or a specific type of woodland) requires this test. If the ecologist determines the impact is "significant," the BOS is triggered, and a BDAR becomes mandatory.

No BDAR? You May Still Need a Flora and Fauna Assessment

Avoiding the BOS threshold doesn't mean you're clear of ecological requirements . Council may still require you to demonstrate that your project's impact is not "significant" .

This is the critical role of a Flora and Fauna Assessment (FFA) .

An FFA includes a formal Assessment of Significance (s.7.3 of the BC Act) for all threatened entities listed under the NSW BC Act that are deemed likely to occur on site or have suitable habitat being impacted .

The Result: If this assessment proves that the clearing is "unlikely to have a significant impact," you avoid the third trigger . This expert report provides Council with the evidence they need to approve the DA without requiring a costly BDAR .

Get Certainty for Your Development Application

Before you commit to costly plans, engage an ecological consultant to confirm your exact compliance pathway . An initial pre-DA ecological assessment is the most effective way to avoid DA delays and ensure your project is viable from day one .

Contact Ecological Solutions today to discuss your project's biodiversity requirements and ensure a clear path forward without nasty surprises.