In brief 4 min read
The Draft South East Queensland Koala Conservation Strategy 2019-2024 has been released for public consultation. The Strategy is supported by new koala habitat mapping. The Strategy and mapping have serious implications for landowners in koala habitat areas within a Koala Priority Area, who will be prevented from clearing their land except in very limited circumstances. We discuss these implications below and suggest that, at a minimum, landowners should review the mapping to ascertain whether their land is within a Koala Priority Area.
Key takeaways
- The Strategy and mapping will impose further constraints on the development of land, both inside and outside the Urban Footprint.
- The regulatory changes to implement the Strategy and mapping will prohibit the clearing of koala habitat in a Koala Priority Area, except in very limited circumstances.
- The Strategy is silent with respect to the impact of these regulatory changes on extant development applications and approvals, and compensation payable to landowners.
What is proposed?
Background
There is a long history of the Queensland Government seeking to protect koala habitat in South East Queensland (SEQ) through statutory and policy documents. Despite these efforts, the koala population continues to decline due to habitat loss from urbanisation and other factors such as disease, traffic and dog attacks. In recent times, the Queensland State Government has appointed and received recommendations from the Koala Expert Panel and established the Koala Advisory Council.
Strategy
The koala habitat mapping identifies Koala Priority Areas (KPAs), which are referred to in the Strategy as areas that have the highest likelihood of sustaining populations of koalas.
The Strategy foreshadows regulatory changes to both implement strict clearing controls in KPAs, and to protect koala habitat located outside KPAs.
The proposed regulatory changes include prohibiting the clearing of koala habitat areas within a KPA, both inside and outside the Urban Footprint, unless otherwise exempt.
The proposed regulatory changes include prohibiting the clearing of koala habitat areas within a KPA, both inside and outside the Urban Footprint, unless otherwise exempt.
The exemptions are extremely limited and include clearing for a development footprint up to 500m2 and clearing for firebreaks, maintenance and other activities around buildings and structures. Importantly, there will be no exemptions for clearing for urban purposes in an urban area, or for a material change of use or reconfiguration of a lot less than 5ha. The Strategy does not identify, as an exemption, the clearing of koala habitat areas within a KPA for which there is an existing development approval.
The proposed regulatory changes will also include new assessment benchmarks for local government to assess development in koala habitat areas within a KPA (where clearing is not proposed) to ensure other conservation outcomes are achieved, such as habitat quality protection and safe movement.
Additionally, the proposed regulatory changes will also protect koala habitat in SEQ outside a KPA, with the Queensland Government assessing applications for the clearing of koala habitat outside a KPA. In these areas, the 'avoid, minimise and offset hierarchy' will apply. The exemptions will be similar to those in a KPA and include an exemption for maintenance and other activities that are reasonable for a landowner to live on their property.
The Strategy says a new State code for SEQ koala habitat will be developed to ensure development in the region:
- delivers no net loss of koala habitat area;
- maintains or improves connectivity within and between koala habitat to ensure safe koala movement;
- is constructed and undertaken in such a way that does not increase the risk of injury to, or death of, koalas; and
- avoids, minimises and mitigates environmental impacts and provides an offset for significant unavoidable impacts.
The Queensland Environmental Offsets Policy will be amended to reflect these proposed regulatory changes. The Queensland Government will be responsible for imposing offset conditions for koala habitat in SEQ, with the offsets being either financial settlement offsets or land-based offsets.
Koala Habitat Mapping
The new mapping identifies both koala habitat and restoration areas.
The proposed Koala Conservation Plan map identifies KPAs and Koala Habitat Areas (comprising Core Koala Habitat Areas and Locally Refined Koala Habitat Areas). The mapping will also identify areas within the KPA that are suitable for offset delivery and habitat restoration programs, called Koala Rehabilitation Areas.
Landowners can apply for a review of the koala habitat mapping until 22 December 2019, by completing the online form. The purpose of the review is limited to allowing landowners to apply to remove an area from the mapping if the area has been developed (ie the area is covered by a building, structure or sealed surface or artificial water body).
Once the mapping is finalised, landowners can apply to have the mapping amended where it is incorrect. This process can be used at any time. It is not clear whether a landowner will have an ability to review or appeal the decision made with respect to a mapping amendment request.
Actions you can take now
It is recommended that landowners review the mapping to ascertain whether their land is mapped as being within a KPA. If the land is mapped as being within a KPA, but is already developed, a review application should be submitted online by 22 December 2019.
The Strategy will be open for public submission until 31 January 2020, and landowners in SEQ should consider making a submission about the proposed regulatory changes, the need for adequate compensation and transitional arrangements for existing applications and approvals, and the impacts of these new restrictions on land supply within the SEQ Urban Footprint.