Planning Report_ZA10731_RAL_Rev A

                                                                                             Planning Report
                                            Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
                                                       51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
                                                       81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483



(1) Development is prohibited development to the extent the development involves
interfering with koala habitat in an area that is both— NO – avoids mapped koala
habitat area

(a) a koala priority area; and

(b) a koala habitat area.

(2) However, subsection (1) does not apply to the extent the development—

(a) is exempted development; or

(b) is assessable development under section 16C; or

(c) is in an identified koala broad-hectare area and is—

          (i) accepted development, or assessable development, under a local
          categorising instrument, other than development that is for an extractive
          industry and is not assessable development under section 16C; or

          (ii) reconfiguring a lot that is assessable development under part 14, division 1,
          section 21; or

(d) is carried out under a development permit given for an application that was
properly made before 7 February 2020; or

(e) is consistent with a development approval—

(i) in effect for the premises on which the development is carried out; and

(ii) given for an application that was properly made before 7 February 2020.



It is acknowledged that Lot 6 RP203483 is mapped as Koala Priority Area and containing
Core Koala Habitat Area. The above section 16A, subsection (1) from the Planning
Regulation states that development is prohibited within the mapped areas when
interfering with koala habitat. We refer to the following definition contained in Schedule
24 of the Planning Regulation



interfering with koala habitat—

(a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in
any way, including by burning, flooding or draining, native vegetation in a koala
habitat area; but

(b) does not include destroying standing vegetation by stock, or lopping a tree.



It is submitted no clearing is required to facilitate the boundary realignment and the
new boundary avoids the mapped core habitat area. Therefore, no referral to SARA is
required.

Refer to Appendix 3 – SARA Mapping Reports




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