In this Rede, we look at the koala habit mapping under the South East Queensland Koala Conservation Strategy 2020–2025 (Koala Strategy) and its implications for development assessment and local government planning.
You can also download our 1-page guide to the development assessment triggers and exemptions to help you navigate the Planning Regulation 2017 Schedule 10 Part 10 (Koala habitat in SEQ region).
Key Takeaway Points:
- The South East Queensland Koala Conservation Strategy 2020–2025 (Koala Strategy) was released on 29 August 2020. It followed consultation on a draft version between December 2019 and January 2020.
- The Koala Strategy responds to the recommendations of the Koala Expert Panel and reflects guidance from the Koala Advisory Council.
- Elements of the Koala Strategy have regulatory teeth through the Nature Conservation (Koala) Conservation Plan 2017, the Planning Regulation 2017 and the Environmental Offsets Regulation 2014.
Koala habitat areas and koala priority areas
The Nature Conservation (Koala) Conservation Plan 2017 (Koala Plan) requires the chief executive administering the Nature Conservation Act 1992 to prepare a Koala Conservation Plan Map (Koala Plan Map), that must show for koala district A (ie. the SEQ region):
- each koala priority area (KPA); and
- each koala habitat area (KHA).
To be identified as a KHA, the chief executive must be satisfied that the area contains koala habitat that is essential for the conservation of a viable koala population in the wild. ‘Koala habitat’ is defined as:
- an area of vegetation in which koala live and that includes a koala habitat tree; or
- an area of vegetation that consists primarily of koala habitat trees and which is reasonably suitable for sustaining koalas; or
- a partially or completely cleared area used by koala to cross between areas in (a) or (b).
To be identified as a KPA, the chief executive must be satisfied it is an area in which conservation efforts should be prioritised to ensure the conservation of viable koala populations in the wild. Land does not need to contain a KHA to be mapped as a KPA.
The Koala Strategy indicates 716,226ha is mapped as KHA, with 330,660ha of this within KPA.
The Koala Plan makes no reference to other areas. Practically however, the published mapping categorises KHA as being either:
- ‘koala habitat area (core)’; or
- ‘koala habitat area (locally refined)’ (LRKHA).
The methodology to determine inclusion as a KHA differs between these two categories. The methodology is described in Spatial modelling for koalas in South East Queensland Report version 4.0 (22 November 2023).
Koala habitat area (core) includes only areas mapped as remnant or high value regrowth. LRKHA involves identification by local governments, together with other considerations by the chief executive.
LRKHA is reflected in the Koala Plan Map for a two-year transitional period, at the conclusion of which some of it may be identified as koala habitat area (core). The extent of LRKHA is not identified in the Koala Strategy, but the initial Spatial modelling report cited 87,144ha of LRKHA.
The Planning Regulation 2017 provisions do not distinguish between koala habitat area (core) and LRKHA. Both are afforded the same protection during the transitional period as KHA. LRKHA can be in a KPA. A skim of the Koala Plan Map for the Gold Coast local government area shows for example numerous sites of LRKHA, and some of these within KPA.
Koala habitat restoration areas
The published koala habitat mapping also identifies koala habitat restoration areas. These areas are non-statutory. A review of the Koala Plan Map shows that these areas are not koala habitat area (core), but may be mapped as LRKHA, and are located both within and outside KPA.
Broadly, these are cleared or degraded areas providing best restoration investment opportunities having regard to threats and opportunities. The consultation draft strategy identified that within KPA, 150,700ha had been identified as being suitable for restoration.
The hierarchy for offset site preference for koala habitat offsets in SEQ in the Queensland Environment Offsets Policy (Version 1.9, August 2020) refers to restoration areas on the ‘Koala Habitat Restoration Areas Map’ – this appears to equate to the mapped koala habitat restoration areas.
Identified koala broad-hectare areas
The published mapping also identifies seven identified koala broad-hectare areas in SEQ. These are in areas committed to meet SEQRP development targets and include declared master planned areas under repealed planning legislation. All seven identified koala broad- hectare areas contain KHA; all but Coomera (Gold Coast) and Palmview (Sunshine Coast) are in KPA.
Annual Koala Plan Map updating
All the areas discussed above can be identified by turning on the Environment – Koala plan layer in Queensland Globe. The Koala Strategy says the Koala Plan Map is to be updated annually.
Community engagement and a strategic and coordinated approach to revision and review of the mapping is contemplated by the Koala Strategy. This includes:
- a Technical Advisory Group to provide an independent review function where unresolved koala habitat mapping matters can be considered;
- providing the community and local government with a pathway to input data and information to inform decision making in the annual revision of the mapping.
Landholder-initiated map amendment request
Importantly, the Koala Plan provides a statutory process for landowners to request KHA determination or, if it is believed the land should not be mapped as KHA, the amendment or revocation of the mapping. This applies equally to koala habitat area (core) and LRKHA.
The Guideline (Request to make, amend or revoke a koala habitat area determination) explains how to make a request, and there is an approved form that is to be used.
Bearing in mind the Koala Plan Map is to be formally updated annually only, the Department of Environment, Science and Innovation has adopted the helpful practice of maintaining a website register of amendment requests and resulting determinations.
The resulting KHA determination map states ‘It will be taken to be the Koala Conservation Plan Map as it relates to koala habitat areas for the land that is subject to this decision until the Koala Conservation Plan Map is updated.’
Relevance of the mapping
The consequence of land being mapped as containing KHA is that—
- the Planning Regulation 2017 Schedule 10, Part 10 (Koala habitat in SEQ region) needs to be considered to see if the clearing is prohibited development or triggers assessment against prescribed benchmarks in Schedule 11 (Assessment benchmarks in relation to koala habitat in SEQ region); and
- it is a prescribed matter of state environmental significance (MSES) under the Environmental Offsets Regulation 2014.
Note, however that koala habitat does not need to be mapped as KHA or essential habitat to be an MSES, because ‘a habitat for an animal that is vulnerable wildlife’ [which the koala is under the Nature Conservation (Animals) Regulation 2020] is also so prescribed.
The mapping may also have bearing for local government koala conservation initiatives. For example, the Council of the City of Gold Coast made amendments to its Animal Management subordinate local law to prescribe obligations for dog owners in a ‘koala area’ which, by proposed definition, includes KHA.
Development assessment implications
For development assessment, the regulatory provisions had effect before the release of the Koala Strategy, with the commencement of amended Planning Regulation provisions which commenced on 7 February 2020.
The Planning Regulation Schedule 10, Part 10 (Koala habitat in SEQ region) provisions are relevant to development applications made from 7 February 2020.
The provisions use the terminology ‘interfering with koala habitat’ which is defined as removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way, including by burning, flooding or draining native vegetation in a KHA, but excludes destroying standing vegetation by stock, or lopping a tree (this aligns with the Vegetation Management Act 1999 definition of ‘clear’). Broadly, there are five key propositions for urban development:
Prohibition
1. Development involving interfering with koala habitat in a KHA that is in a KPA is prohibited.
Development assessment benchmarks
2. Development involving interfering with koala habitat in KHA (whether koala habitat area (core) or LRKHA) that is not in a KPA triggers assessment by the State, against SDAP State code 25: Development in South East Queensland koala habitat areas (the current version is v2.6).
3. Development that does not involve interfering with koala habitat but the premises is in a KPA and contains KHA must be assessed by the local government against the benchmarks in the Planning Regulation Schedule 11, Part 2. This is in addition to planning scheme assessment benchmarks that are not inconsistent (extra planning scheme requirements for koala conservation are not inconsistent).
4. Development in identified koala broad-hectare areas that is assessable ROL or development under a planning scheme must be assessed by the local government against the benchmarks in the Planning Regulation Schedule 11, Part 3. This is in addition to planning scheme assessment benchmarks that are not inconsistent (extra local requirements for koala conservation are not inconsistent).
Exceptions to the above
5. There are qualifications to each of the above propositions. Importantly, there are also exceptions, including if the development:
- is carried out under a development permit for an application properly made before 7 February 2020; or
- is consistent with a development approval given for an application properly made before 7 February 2020; or
- for development interfering with koala habitat in a koala habitat area – it falls within one or more of the ‘exempted development’ circumstances (there are 51) in the Planning Regulation Schedule 24. These circumstances include a ‘one-off’ ≤500m2 allowance.
You can download our 1-page guide to the development assessment triggers and exemptions to help you navigate the Planning Regulation 2017 Schedule 10 Part 10 (Koala habitat in SEQ region).
Contact our Planning and Environment experts for assistance regarding the implications of the provisions for development.
