9.4 Other development codes
9.4.1 Biodiversity offset code
9.4.1.1 Application
(1)
This code applies to assessing a material change of use, reconfiguring a lot, building
work or operational work if:
(a) assessable development where this code is an applicable code identified in the
assessment criteria column of a table of assessment for an overlay (section 5.10);
or
(b) assessable development where a neighbourhood plan code requires the provision
of biodiversity offsets to compensate for the loss of significant native vegetation
on land within the neighbourhood plan area; or
(c) impact assessable development, to the extent relevant.
(2)
When using this code, reference should be made to section 1.5 and section 5.3.3.
Note—Where this code includes performance outcomes or acceptable outcomes that relate to biodiversity offsets, guidance is
provided in the Offsets planning scheme policy.
Note—Where additional offsets are required under another statutory mechanism, refer to the Offsets planning scheme policy
for guidance.
Note—Where this code includes performance outcomes or acceptable outcomes that relate to:

biodiversity areas, guidance is provided in the Biodiversity areas planning scheme policy.
9.4.1.2 Purpose
(1)
The purpose of the Biodiversity offset code is to secure and assess the suitability of
biodiversity offsets, being the actions proposed to counterbalance unavoidable,
negative impacts resulting from development, as part of development on land
identified on the Biodiversity areas overlay map or development in a neighbourhood
plan area.
(2)
The purpose of the code will be achieved through the following overall outcomes:
(a) Development secures biodiversity offsets that adequately compensate for the loss
of land within the High ecological significance sub-category or General ecological
significance sub-category of the Biodiversity areas overlay, adequately
compensate for the clearing of non-juvenile koala habitat trees on land within the
Priority koala habitat area or the Koala habitat area sub-categories of the
Biodiversity areas overlay or adequately compensate for the clearing of significant
native vegetation in a neighbourhood plan area.
(b) Development ensures that the extent of the biodiversity offset secured reflects
the biodiversity significance of the clearing site to be lost within the Biodiversity
areas overlay sub-category or the neighbourhood plan area.
Part 9 – Development Codes (Biodiversity Offset)
Effective 30 June 2014
(c) Development ensures that the identified receiving site is comparable with the
biodiversity significance of the clearing site.
(d) Development ensures that the restoration and management of the biodiversity
offset on the receiving site creates a functional and structurally diverse ecosystem.
(e) Development ensures that the biodiversity offset is provided at the receiving site
before the vegetation loss at the clearing site.
(f) Development secures the biodiversity offset in perpetuity for the long-term
benefit to Brisbane’s biodiversity.
9.4.1.3 Assessment criteria
The following table identifies the assessment criteria for assessable development.
Table 9.4.1.3.A—Criteria for assessable development
Performance outcomes
Acceptable outcomes
Section A—Applicable for all biodiversity offsets
PO1
AO1
Development ensures that where all
actions to protect ecological features,
koala habitat trees, significant native
vegetation and wetlands have been
implemented, a biodiversity offset is
provided.
Development provides a biodiversity
offset through either:
(a) a monetary payment to the Council on
trust to fund the undertaking of works or
activities to counterbalance the
unavoidable impacts of the development
on the natural environment calculated in
accordance with the following:
(i)
the Council's fees and charges;
(ii)
the offset ratios specified in AO2.1,
AO2.2 and AO2.3; or
(b) works on private land which deliver one
or more of the following outcomes:
Part 9 – Development Codes (Biodiversity Offset)
(i)
the protection of existing, remnant
vegetation including any vegetable
growth and material of vegetable
origin, whether living or dead,
including trunks, branches, stems,
leaves, fruits and flowers (or
otherwise intact habitat) which is
under immediate threat from
development:
(ii)
restoration of degraded habitat to
re-establish an intact regional
ecosystem that would have occurred
on the receiving site prior to clearing;
(iii)
restoration of cleared land to reestablish an intact regional
Effective 30 June 2014
ecosystem that would have occurred
on the receiving site prior to clearing.
PO2
AO2.1
Development ensures that the size and
scope of the biodiversity offset provides a
net ecological benefit and adequately
compensates for the loss of strategic and
intrinsic ecological values within the
Biodiversity areas overlay.
For development within the High
ecological significance sub-category, the
extent of land to be protected and/ or
restored as the biodiversity offset is
determined in accordance with Table
9.4.1.3.B.
Note—Refer to the Offsets planning scheme policy for more
information about calculating the extent of the biodiversity
offset receiving area.
AO2.2
For development within the General
ecological significance sub-category or
where clearing significant native vegetation
in a neighbourhood plan area, the extent of
land to be protected and/or restored as
the biodiversity offset is determined in
accordance with Table 9.4.1.3.C.
Note—Refer to the Offsets planning scheme policy for more
information about calculating the extent of the biodiversity
offset receiving area.
Part 9 – Development Codes (Biodiversity Offset)
Effective 30 June 2014
AO2.3
For development within the Priority koala
habitat area sub-category or Koala
habitat area sub-category (and not within
the High ecological significance subcategory or General ecological
significance sub-category), the
biodiversity offset involves the planting of
five koala habitat trees for each nonjuvenile koala habitat tree removed.
Note—Refer to the Offsets planning scheme policy for more
information about calculating the extent of the biodiversity
offset receiving area.
Section B—Applicable to biodiversity offsets not involving monetary payment to Council
PO3
AO3
Development ensures that
comprehensive and adequate
information is provided in support of the
design, delivery and achievement of the
biodiversity offset.
Development implements a biodiversity
offset feasibility proposal and a
biodiversity offset management plan that
has been prepared in accordance with
the Offsets planning scheme policy which
identifies how the receiving site will be
protected, restored, maintained and
secured.
Note—Guidance on the preparation of a biodiversity offset
feasibility proposal and biodiversity offset management plan
is provided in the Offsets planning scheme policy.
PO4
AO4
Development ensures that the receiving
site for the biodiversity offset is chosen to
provide a benefit to biodiversity through
the protection or restoration of land with
strategic ecological value.
Development ensures that:
Note—Guidance on selecting receiving sites for the
biodiversity offset is provided in the Offsets planning scheme
policy.
Part 9 – Development Codes (Biodiversity Offset)
(a) the receiving site for the biodiversity
offset is located within the High
ecological significance sub-category or
consolidates an existing area of the High
ecological significance sub-category
immediately adjacent; or
(b) where it is not possible or practical to
locate the receiving site in or adjoining
an area of the High ecological
significance sub-category, the receiving
site is located on land in the following
order of preference:
(i)
in the Biodiversity interface area
sub-category;
(ii)
in or immediately adjacent to the
Priority Koala habitat area or the
Koala habitat area sub-categories;
(iii)
in or immediately adjacent to an area
protected for biodiversity purposes;
(iv)
in an area determined by the Council
Effective 30 June 2014
to be suitable for use as a receiving
site for the biodiversity offset.
Note—A neighbourhood plan may identify locations suitable
as receiving sites for biodiversity offsets.
PO5
AO5.1
Development ensures that the receiving
site for the biodiversity offset is managed
and restored to create a functional and
structurally diverse ecosystem.
Development ensures that the receiving
site is restored with native flora species
that would have formed part of the
regional ecosystem which occurred on
the site pre-clearing.
Note—Guidance on undertaking a biodiversity offset, the
restoration of a regional ecosystem and undertaking a
biodiversity offset associated with the Koala habitat area
sub-category is provided in the Offsets planning scheme
policy.
AO5.2
Development ensures that the
biodiversity offset replicates or
translocates the ecological features of
the clearing site.
AO5.3
Development ensures that where the
clearing site is within the Priority koala
habitat area sub-category or the Koala
habitat area sub-category, the species
planted at the receiving site includes a
suitable mix of koala habitat trees.
PO6
AO6.1
Development ensures that the
biodiversity offset is provided prior to any
vegetation clearing and maintained to
ensure its success and long-term benefit
to biodiversity.
Development ensures that the
biodiversity offset is provided prior to any
vegetation clearing.
Note—Guidance on the successful implementation and
maintenance of biodiversity offsets is provided in the Offsets
planning scheme policy.
(a) restoration works on the receiving site
are maintained for a minimum of 5
years;
AO6.2
Development ensures that:
(b) if necessary, failed plantings are
replaced.
PO7
AO7
Development ensures that the receiving
site for the biodiversity offset is provided
with ongoing, long-term protection.
Development ensures that the receiving
site for the biodiversity offset is legally
secured and managed using one or more
of the following mechanisms:
Note—Guidance on mechanisms to secure long-term
protection for biodiversity offsets is provided in the Offsets
planning scheme policy.
(a) application of a statutory environmental
covenant under the Land Act 1994 or the
Land Title Act 1994;
(b) dedication as a protected area under the
Nature Conservation Act 1992 such as
Nature Refuge;
Part 9 – Development Codes (Biodiversity Offset)
Effective 30 June 2014
(c) transfer to the Council's ownership (if
approved for transfer by the Council);
(d) another mechanism approved by the
Council.
Table 9.4.1.3.B—Biodiversity offset ratios for the High ecological significance sub-category
1. Will the offset be delivered by a
financial payment to Council?
If the answer is 'yes', the ratio to be used
is 1:5.5 (i.e. for every 1 unit of High
ecological significant sub-category area
lost, 5.5 units are replaced).
If the answer is 'no', start at a ratio of 1:6
(i.e. for every 1 unit of High ecological
significant sub-category area lost, 6 units
are replaced) and go to question 2.
2. Does the biodiversity offset involve:
(a) purchasing and protecting land
supporting intact vegetation within or
immediately adjacent to the High
ecological significance sub-category
which is in the Emerging community
zone, a zone in the residential zones
category, a zone in the industry zones
category or a zone in the centre zones
category; or
If the answer is ‘yes’, subtract 0.5 from
the ratio and then go to question 3.
If the answer is ‘no’, go to question 3.
(b) purchasing, restoring and protecting
cleared or degraded land in or adjoining
the High ecological significance subcategory?
3. Does the biodiversity offset involve
adding relevant ecological features to the
receiving location?
If the answer is ‘yes’, subtract 0.5 from
the ratio and then go to question 4.
If the answer is ‘no’, go to question 4.
4. Determine the appropriate biodiversity
offset ratio, based on answers to
questions 1–3.
Note—The ratio must be between 1:5 and 1:6.
Note—Delivering a lesser quantum of offset than that
determined by this table will not achieve the requirements of
the Biodiversity offset code.
Table 9.4.1.3.C—Biodiversity offset ratios for the General ecological significance subcategory
1. Will the offset be delivered by a financial
payment to Council?
Part 9 – Development Codes (Biodiversity Offset)
If the answer is 'yes', the ratio to be used is
1:3.5 (i.e. for every 1 unit of General
ecological significance sub-category lost or
for every 1 unit of Significant native
vegetation lost, 3.5 units are replaced).
Effective 30 June 2014
If the answer is 'no', start at the ratio of 1:3
(i.e. for every 1 unit of General ecological
significance sub-category area lost or for
every 1 unit of significant native vegetation
lost, 3 units are replaced) and go to question
2.
2. Is the clearing site immediately
adjoining an area of the High ecological
significance sub-category?
If the answer is ‘yes’, increase the ratio
by 0.5 and then go to question 3.
3. Is the clearing site within a Priority
koala habitat area sub-category or Koala
habitat area sub-category?
If the answer is ‘yes’, increase the ratio
by 0.5 and then go to question 4.
4. Does the clearing site contain a
planning scheme waterway corridor or
wetland, or does it immediately adjoin a
waterway corridor or wetland?
If the answer is ‘yes’, increase the ratio
by 0.25 and then go to question 5.
If the answer is ‘no’, go to question 3.
If the answer is ‘no’, go to question 4.
If the answer is ‘no’, go to question 5.
Note—Refer to the Waterway corridors overlay and the
Wetlands overlay.
5. Does the clearing site contain remnant
vegetation?
If the answer is ‘yes’, increase the ratio
by 0.25 and then go to question 6.
If the answer is ‘no’, go to question 6.
6. Does the clearing site contain any hollowbearing trees, roost trees or stag trees?
If the answer is ‘yes’, increase the ratio by
0.25 and then go to question 7.
If the answer is ‘no’, go to question 7.
7. Does the clearing site contain
significant vegetation communities listed
in Table 8.2.4.3.B, significant flora species
listed in Table 8.2.4.3.C, significant fauna
species listed in Table 8.2.4.3.D or
evidence of significant fauna use?
If the answer is ‘yes’, increase the ratio
by 0.25 and then go to question 8.
8. Does the biodiversity offset involve:
If the answer is ‘yes’, subtract 0.5 from
the ratio and then go to question 9.
(a) purchasing and protecting land
supporting vegetation within or
immediately adjacent to the High
ecological significance sub-category
which is in the Emerging community
zone, a zone in the Residential zones
category, a zone in the Industry zones
category or a zone in the Centre zones
category; or
If the answer is ‘no’, go to question 8.
If the answer is ‘no’, go to question 9.
(b) purchasing, restoring and protecting
cleared or degraded land in or adjoining
the High ecological significance subcategory?
Part 9 – Development Codes (Biodiversity Offset)
Effective 30 June 2014
9. Does the biodiversity offset involve
adding relevant ecological features to the
receiving site?
If the answer is ‘yes’, subtract 0.5 from
the ratio and then go to question 10.
If the answer is ‘no’, go to question 10.
10. Determine the appropriate
biodiversity offset ratio, based on
answers to questions 1–9.
Note—The ratio must be between 1:2 and 1:5.
Note—Delivering a lesser quantum of offset than that
determined by this table will not achieve the requirements of
the Biodiversity offset code.
Part 9 – Development Codes (Biodiversity Offset)
Effective 30 June 2014