Dungog Shire Council frustrated with biodiversity laws

DUNGOG Shire Council will write to the Environment Minister to express concerns over the impacts of the Biodiversity Conservation Act.

At Council’s July 16 meeting, Mayor Digby Rayward said the Act has resulted in a high number of Biodiversity Development Assessment Reports (BDARs) being required for minor developments such as single dwellings or small subdivisions.

“These reports are not only costly due to consultancy fees but are further compounded by expensive offset credit requirements for clearing remnant vegetation – adding substantial burdens to local development,” Council said in a statement.

Dungog Shire has been allocated a target of 2,400 new homes under the Hunter Regional Plan (HRP) 2041 and received $1.89 million in Commonwealth funding to develop a Housing and Infrastructure Master Plan.

The Plan is intended to support strategic residential and infrastructure growth by updating the Local Environmental Plan (LEP) and Development Control Plan (DCP).

Council’s strategy focuses on directing development near existing urban centres, especially in R1 and R5 zones that already exhibit high disturbance and remnant vegetation.

However, many of these areas include endangered ecological communities like the Lower Hunter Spotted Gum Ironbark Forest and emergent Eucalyptus glaucina, which are abundant and often occur naturally due to the region’s high annual rainfall – further complicating compliance with biodiversity regulations.

Council will now write to Penny Sharpe MP – Minister for Climate Change, Energy, the Environment, and Heritage – to highlight the negative impacts of current legislation on housing delivery, cost of development, and the misclassification of common vegetation as endangered.

Council will request the Minister consider implementing a sunset clause for exemptions to biodiversity offsets and to ease BDAR requirements for developments near urban centres, particularly those in R1 and R5 zones.

“These measures help the Shire to realistically meet its housing and planning obligations under both the Housing Accord and HRP 2041,” Council stated.