Attachment 7C - Flora and Fauna Survey Assessment_Noosa Landfill - Revision 3

                                                                                      Native Foresters



3.1.6 Koala legislation

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 and Other Legislation (Koala Protection) Amendment
Regulation amends the Environmental Offsets Regulation 2014, Planning Regulation 2017,
Nature Conservation (Koala) Conservation Plan 2017 and Vegetation Management
Regulation 2012 to provide increased protection to Koala habitat areas in South East
Queensland.

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.

Outside of Koala Priority Areas, clearing of Koala Habitat Areas must be avoided, mitigated
or offset. Development that is proposing to clear Koala habitat area will be assessed by the
Queensland Government, except for in certain circumstances (Refer to Schedule 10, 16B
of the Planning Regulation 2017).

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.




Noosa Landfill & Resource Recovery Centre – Fauna and Flora Assessment – Revision 3               22