Submissions must be made by 5.00pm 5 June 2023.
The QLD Department of Environment and Science (DES) is reviewing the development regulations that were put in place in 2020 to make sure they are effective and continue to protect koala habitat in South East Queensland (SEQ). Click here for DES media release.
People from different organisations such as government, development groups and conservation groups have provided initial data and feedback on the regulations. This information was used to determine if they have made a difference and ways in which they could be improved.
The findings and proposed options are outlined in the Consultation Post Implementation Review report (PDF, 3.7MB) (Consultation PIR) and summarised in the community summary (PDF, 240KB).
Key findings and proposed options for consultation
As outlined in the Consultation PIR, the 2020 koala regulations have:
• strengthened previous planning controls by:
1. including a new prohibition on clearing koala habitat in koala habitat areas
2. requiring a development assessment by the State for clearing koala habitat in koala habitat areas
3. requiring development assessments to consider koala conservation outcomes
• increased protections for koala habitat
• made improvements to mapping koala habitat.
Some elements of the framework have not worked as intended. This includes excessive habitat clearing under exemptions, lack of data on habitat clearing and unnecessary time delays and costs for stakeholders preparing development applications.
Three proposed options have been identified for consultation.
The following section in italics has been inserted by KAG from the Consultation Post Implementation Review report to enable comparison of the options. Refer to the Consultation Post Implementation Review report for further details.
Options considered
This Consultation PIR compares three options and assesses the costs and benefits associated with these options.
The purpose of this analysis is to present a preferred recommendation for consultation, that delivers Queensland Government’s objective of increasing protection for koala habitat, as well as delivering the greatest net benefit for Queensland. Options include:
Option 1 Status quo
Retaining the 2020 koala regulations without any changes of a regulatory or non-regulatory nature.
Option 2 Clarification of regulatory requirements
This option involves minor regulatory amendment to:
• clarify the intended application of the prohibition, development assessment and exempted development
provisions
• develop a process for notification to the department of koala habitat clearing
• establish a new self-assessment pathway which supports small scale rural and residential development to minimise impacts on koalas.
Option 3 Regulatory improvement to provide a stronger, more simplified framework for koala conservation (recommended option)
This option involves regulatory review and amendment to:
• reduce complexity of exemptions and remove ambiguity of partial exemptions and interaction with other
legislation
• establish clear thresholds above which development assessment or prohibition is required
• clarify the intended application of the prohibition, development assessment and exempted development
provisions (same as option 2)
• develop a process for notification to the department of koala habitat clearing (same as option 2)
• establish a new self-assessment pathway which supports small scale rural and residential development to minimise impacts on koalas (same as option 2).
Consideration of the costs, impacts and benefits associated with each of the three options has identified option 3 as being able to deliver the greatest net benefit. The Consultation PIR seeks stakeholder feedback to confirm this assessment, in addition to recommendations for improving future monitoring and evaluation of the 2020 koala regulations.
Option 3 would improve the 2020 koala regulations through regulatory amendments to provide improved
clarification, guidance and clear thresholds for new small-scale infrastructure (e.g., building a house). Compared with the other explored options, it is estimated that option 3 would save stakeholders up to 10,000 business days in wait time over 10 years. It also improves the effectiveness of the regulation at protecting koala habitat, by more accurately counterbalancing development impacts and incentivising avoidance behaviour.
Retaining the status quo would not address these inefficiencies and unintended losses, and Option 2 would only deliver a minor improvement in terms of effectiveness and efficiency, with significant ongoing development assessment delays anticipated
Option 3:
• seeks to amend the regulations by simplifying and clarifying the prohibition and development assessment rules, establishing clearing thresholds, introducing a new self-assessment code, and a process for notifying the department before clearing
• is the recommended option as it would provide improved guidance and certainty to landholders proposing to clear koala habitat.
Compared with Options 1 and 2, Option 3 would reduce development assessment wait times, more accurately counterbalance development impacts and incentivise avoidance behaviour.
Have your say
You are invited to provide feedback and share information or evidence on the impacts, costs and benefits of the regulations and the proposed options. This could include options that have not been included.
The online survey allows you to share information about your:
• experiences in applying the 2020 koala regulation to development approvals
• perspective on the impacts and effectiveness of the 2020 koala regulation
• feedback on the proposed options.
Written submissions
Submissions can be also be made via email to SEQKoalaStrategy@des.qld.gov.au (use the subject line: Submission – Consultation PIR – [your name]).
If you choose to provide a written submission, below is some general guidance. More detailed questions are provided in the Consultation PIR report.
1. Have the 2020 koala regulations increased protection for koala habitat in SEQ? Why or why not?
2. Do you support the recommended option (Option 3)? If you do not support this option, what alternatives should be considered?
3. What would be the impacts, costs, and benefits of the recommended option (Option 3)on you or your industry? In your view is there any potential for unintended impacts, or areas that require further consideration?
Submissions must be made by 5.00pm 5 June 2023.
For further information, email SEQKoalaStrategy@des.qld.gov.au.
Submissions may be published unless provided in confidence. Material provided in confidence should be clearly marked ‘IN CONFIDENCE’.
While the department will endeavour to identify and protect material claimed as confidential, it cannot guarantee that submissions will not be made publicly available. There is a possibility that the department may be required to reveal information provided by respondents due to a right to information requestion under the Right to Information Act 2009.
More information
Attachment 1 –
Independent review by GHD Pty Ltd (PDF, 7.2MB)
Consultation Post Implementation Review report“(PDF, 3.7MB)
community summary (PDF, 240KB)
