Over the past 12 months, there has been a complex and layered response from the State Government to planning policy for koala conservation. Further changes introduced earlier this month will have a significant impact on the development of land within South East Queensland.

Background

In December 2008, the State Government released the Draft South East Queensland Koala Regulatory Provisions. These draft regulatory provisions made the Environmental Protection Agency a referral agency for particular material changes of use, reconfiguration of lots and operational work in a koala conservation area or koala sustainability area. For an in-depth analysis and critique of the these provisions, please see David Nicholls and Robyn Lamb’s paper titled “Conserving South-East Queensland’s Koalas”.

On 1 July 2009, the South East Queensland Koala State Planning Regulatory Provisions took effect and replaced those draft provisions released in December 2008. The State Planning Regulatory Provisions incorporated changes to the draft regulatory provisions following consultation with conservation groups, local government and the development industry. For more details, please see HopgoodGanim’s Alert titled “Conserving our Koalas: South-East Queensland Koala State Planning Regulatory Provisions”.

New koala planning provisions

On 2 November 2009, the State Government released:

• the draft South East Queensland Koala State Planning Regulatory Provisions, which replace the State Planning Regulatory Provisions and introduce a moratorium on the clearing of mature koala habitat trees across a significant portion of South East Queensland.
• an exposure draft of the Proposed South East Queensland Koala Proposed Conservation State Planning Regulatory Provisions, which we understand are to be introduced in December 2009 as a draft for consultation, and will replace the Draft Regulatory Provisions when released. These proposed provisions will substantially regulate new development in koala habitat.

The State Government is inviting submissions from stakeholders on two issues:

1. The moratorium on clearing vegetation, part of the draft Regulatory Provisions. Submissions close on 24 December 2009.
2. The Biodiversity Development Offset Area Policy, which is part of the Proposed Conservation State Planning Regulatory Provisions. Submissions close on 1 December 2009.

Submissions have not yet been sought for the balance of the Proposed Conservation State Planning Regulatory Provisions. However, because we understand that they will take effect once a draft is formally released for consideration later this year, we suggest that thought be given to making submissions, especially in respect of the associated mapping to the Proposed Conservation State Planning Regulatory Provisions, given the ramifications of the provisions.

This Alert outlines the major changes brought about by the introduction of the moratorium on the clearing of mature koala habitat trees, and discusses the significance of the biodiversity development offset area policy that will be introduced in December 2009.

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