Under the Biodiversity Conservation Act 2016 (NSW), certain areas of land in New South Wales may be classified as having Outstanding Biodiversity Value (OBV). These areas are given the highest level of environmental protection due to their unique ecological significance, and they can have major implications for land use and development.

Whether you’re buying property, lodging a Development Application (DA), or planning a subdivision, it’s important to understand if OBV applies to your land—and what it means for your obligations.

What Is Outstanding Biodiversity Value?

Outstanding Biodiversity Value (OBV) refers to land that contains ecosystems, habitats, or species that are:

• Irreplaceable or critically important
• Unique, threatened, or at risk
• Of strategic conservation significance at a state or national level

OBV land is declared by the NSW Minister for the Environment and is included in the public register of declared areas maintained by the Department of Climate Change, Energy, the Environment and Water (DCCEEW).

Legal Basis: Biodiversity Conservation Act 2016

The OBV designation is established under Part 3, Division 2 of the Biodiversity Conservation Act 2016 (NSW). Once declared, OBV land becomes subject to:

• Strict development restrictions
• Permanent conservation obligations
• Increased assessment requirements

Landowners and developers must comply with a range of environmental laws before carrying out any clearing, building, or modification.

What Are the Implications for Landowners?

If your land is identified as containing OBV:

• You may be prohibited from developing all or part of the land
• You may need to prepare a Biodiversity Development Assessment Report (BDAR) if proposing any clearing or construction
• You may be required to offset biodiversity impacts through the Biodiversity Offset Scheme
• The land may be subject to conservation agreements or stewardship obligations

Failing to comply can result in serious penalties under NSW environmental law.

How Do I Know if My Land Has OBV?

You can check for OBV through:

• Your Section 10.7 Planning Certificate
• The NSW Biodiversity Values Map and Threshold Tool: https://www.environment.nsw.gov.au
• The NSW Spatial Viewer
• Your local council or planning authority

Planning certificates will typically state:

"The land is/is not land declared as land of outstanding biodiversity value under the Biodiversity Conservation Act 2016."

Can I Build on OBV Land?

Development on OBV land is severely restricted, but not always prohibited. If development is proposed:

• A full biodiversity assessment is required
• You may need to secure biodiversity credits or enter into a biodiversity stewardship agreement
• You may be required to modify your development to avoid impacting protected areas

In many cases, avoiding OBV areas altogether is the most practical solution.

Why Does OBV Matter?

The purpose of OBV is to:

• Protect endangered species and ecosystems
• Prevent irreversible environmental damage
• Fulfill NSW’s obligations under national and international biodiversity treaties
• Ensure future generations benefit from healthy, functioning ecosystems

Frequently Asked Questions (FAQs)

Is OBV the same as land with biodiversity value?
No. OBV is a formal legal designation that applies only to land declared by the NSW Government. Many areas have biodiversity value, but not all are classified as OBV.

Can OBV land be rezoned or changed?
Very unlikely. OBV status is permanent unless revoked by the Minister, which is rare and only occurs under exceptional circumstances.

Do I get compensated if my land is declared OBV?
Possibly. The government may negotiate conservation agreements or offer incentives for biodiversity stewardship, but direct compensation is not guaranteed.

Disclaimers

Environmental Disclaimer: The information provided in this article relates to environmental constraints that may affect land use or development. It is general in nature and does not replace detailed site-specific assessments. Always consult with an environmental consultant or local council for up-to-date, location-specific guidance.

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.