Proponents must evaluate cumulative impacts of a proposed
development and the requirement for specific environmental
assessments, such as a species impact statement, when preparing a
development application.
On 11 March 2016, the NSW Land and Environment Court in Friends
of Tumblebee Incorporated v ATB Morton Pty Limited (No 2) [2016]
NSWLEC 16 determined that a development consent granted for the
proposed construction of a steel fabrication workshop and
distribution facility in the Hunter Economic Zone was invalid as it
did not include a species impact statement
(SIS).
A SIS is required when a proposed development is likely to
significantly affect a threatened species or its habitat under the
Threatened Species Conservation Act 1995 (NSW). The Court held that
the clearing of 3.2 hectares of potential habitat as part of the
Development significantly affected the Regent Honeyeater, a
critically endangered species, and consequently a SIS should have
accompanied the
