RFI - Attachment 4B - Flora and Fauna Assessment Rev 5

                                                                                   Native Foresters



3.1.8 Koala legislation

State Legislation

Planning Act 2016

The Planning Act 2016 regulates new development including areas of South East Queensland
identified as having important Koala habitat values. The Planning Regulation 2017 (Schedule
10) establishes where clearing may be prohibited, where it is assessable by the State, where
Koala conservation outcomes will be considered by local governments and what exemptions may
apply.

The Nature Conservation (Koala) Conservation Plan 2017 and Koala Conservation Plan Maps
identifies Koala Habitat Areas (core and locally refined) and Koala Priority Areas that contain
Koala habitat which is essential for the conservation of a viable Koala population in the wild in
South East Queensland.

Clearing Koala Habitat Areas in a Koala Priority Area is prohibited, except for in certain
circumstances (see Schedule 10, 16A of the Planning Regulation 2017).

Development in Koala Habitat Areas made assessable under the Planning Regulation 2017 will
need to address State Code 25: Development in South East Queensland koala habitat areas.

Under the framework provided by the Environmental Offsets Act 2014 and Environmental Offsets
Regulation 2014 and the Queensland Environmental Offset Policy, environmental offset
conditions for unavoidable, significant residual impacts on the following may be imposed:

    i.        Koala Habitat Areas (identified under the Nature Conservation Koala Conservation
              Plan 2017);
    ii.       Essential habitat for Koala (mapped under the Vegetation Management Act 1999); or
    iii.      Areas which are not mapped but contain, or are likely to contain, Koalas.

Clearing of a non-juvenile Koala tree is considered a significant residual impact.

For the purposes of this report, a Koala habitat tree means:
       a) a food tree of the Corymbia, Melaleuca, or Lophostemon or Eucalyptus genera; or
       b) a preferred shelter species such as Angophora.

and a non-juvenile Koala habitat tree means a koala habitat tree that has:
       a) a height of more than four metres; or
       b) a trunk with a circumference of more than 31.5 centimetres at 1.3 metres above the
       ground.

A search of the Koala habitat area and Koala priority area mapping shows that the proposed
clearing lies in a Koala habitat area (locally refined) and in a Koala priority area.

Clearing for necessary infrastructure (i.e. a landfill) when conducted ‘by or for the state or a public
sector entity’ is considered ‘exempted development’ under Schedule 24(b) and Schedule 5 (Part
2, item 15) of the Planning Regulation 2017.




Central Drive Sippy Downs – Fauna & Flora Assessment                                         18