2020-02-17 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                           17 FEBRUARY 2020


The matters of concern have been relayed to the applicant and a request was made to extend
the decision making period to provide sufficient time for the issues associated with the deed of
variation to be resolved. On 3 February 2020 the applicant advised that they were not agreeable
to a further extension however sought to continue to work with Council officers to rectify the
issues associated with the deed of variation. In order to meet the decision making timeframe set
by the applicant it was not possible to satisfactorily resolve the issues around the deed of
variation at the time of writing this report.
In the absence of a deed of variation Council is unable to issue an approval that includes
conditions addressing works external to the land and resolve the koala habitat offset
requirements, given the current limiting Infrastructure Agreement provisions.
Changes to planning framework – South East Queensland Koala Conservation Strategy
2019 - 2024
The Nature Conservation (Koala) Conservation Plan 2017 was amended by the Nature
Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020 SL No. 9
and commenced on 7 February 2020. The amendments included changes to the Environmental
Offsets Act 2014, Nature Conservation Act 1992, Planning Regulation 2017 and Vegetation
Management Act 1999. The purpose for these amendments was to bring into effect the South
East Queensland Koala Conservation Strategy 2019-2024 and the associated statutory mapping.
The new planning framework implements new clearing restrictions, prohibiting clearing of koala
habitat areas (KHA) within Koala Priority Areas (KPA). The State Government will assume
responsibility for assessing development proposing clearing of koala habitat areas outside Koala
Priority Areas, against a new State code for Development in South East Queensland Koala
Habitat Areas. For developments that don’t involve clearing of koala habitat but are within Koala
Priority Areas, the Local Government is required to assess the proposal against new assessment
benchmarks. A number of exemptions apply to clearing of KHA in KPA including a one off
clearing of 500m2 for residential use, essential management including bushfire, native forestry
harvesting and access tracks.
Under the new South East Queensland Koala Conservation Strategy 2019-2024 mapping, the
Shire Business Centre site has no mapped koala habitat areas but the north eastern portion of
the lot is within a Koala Priority Area. As such, if an application was lodged today, the mapping
excludes any requirements for the proponent to provide environmental offsets in accordance the
Environmental Offsets Act 2014. The assessment benchmarks which would apply if an
application were made under the new framework would require the proponent to ensure a safe
koala movement measure, and includes providing opportunities for koalas to feed, disperse and
seek refuge; or reducing threats to koalas.
The current State Planning Regulatory Provisions for Koala Conservation still apply as the
application was properly made prior to the commencement of the Nature Conservation and Other
Legislation (Koala Protection) Amendment Regulation 2020 SL No. 9 (Section 29).
Whilst the State planning framework for koala habitat protection has changed it is important to
note that the provisions of the Noosa Plan’s Biodiversity Overlay also apply to the site and
includes outcomes which seek to protect koala habitat but where clearing is unavoidable
minimise the clearing and provide a biodiversity offset.
The entire site is subject to the Biodiversity Overlay, with the site’s vegetation identified as
Environmental Enhancement. The Biodiversity Overlay seeks to protect vegetation from the
impacts of development and includes the following outcomes:
Specific Outcome O1
Vegetation of local origin on premises identified as—
…….
b)  Environmental Enhancement Area on Biodiversity Overlay Maps OM1.1 – OM9.1, is
    protected from the impacts of development by—
    i.    avoiding edge effects;

                                                                                  Page 40 of 47