Koala (Phascolarctos cinereus) is now listed 'Endangered' under both the NSW Biodiversity Conservation Act 2016, and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
Separate to the Endangered listing, for many years in New South Wales, Koalas have had their own State Environmental Planning Policy (SEPP) that was formerly known as "SEPP No. 44" this was replaced by the Koala (Habitat Protection) SEPP 2020, and then, following a NSW Government review, the Koala (Habitat Protection) SEPP 2021 was released.
As of 2022, Koala SEPP 2020 and Koala SEPP 2021 are now included in the
State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation SEPP) which consolidates, transfers and repeals provisions of the following 11 SEPPs (or deemed SEPPs):
1. SEPP (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP)
2. SEPP (Koala Habitat Protection) 2020 (Koala SEPP 2020)
3. SEPP (Koala Habitat Protection) 2021 (Koala SEPP 2021)
4. Murray Regional Environmental Plan No 2—Riverine Land (Murray REP)
5. SEPP No 19—Bushland in Urban Areas (SEPP 19)
6. SEPP No 50—Canal Estate Development (SEPP 50)
7. SEPP (Sydney Drinking Water Catchment) 2011 (Sydney Drinking Water SEPP)
8. Sydney Regional Environmental Plan No 20 – Hawkesbury – Nepean River (No 2 – 1997) (Hawkesbury–Nepean River SREP)
9. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Sydney Harbour Catchment SREP)
10. Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (Georges River REP)
11. Willandra Lakes Regional Environmental Plan No 1 – World Heritage Property (Willandra Lakes REP).
The provisions of Koala SEPP 2020 and Koala SEPP 2021 remain the same as their predecessor SEPP albeit they are now included as chapters in the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation SEPP)
The State Environmental Planning Policy (Koala Habitat Protection) 2021 is now included as Chapter 4 of the Biodiversity and Conservation SEPP.
The Koala SEPP 2021 reinstates a policy framework similar to the former SEPP Koala Habitat Protection 2019 to 83 Local Government Areas (LGA) in NSW. At this stage:
For all RU1, RU2 and RU3 zoned land outside of the Sydney Metropolitan Area and the Central Coast, Koala SEPP 2020 (now included as Chapter 3 of the Biodiversity and Conservation SEPP) continues to apply.
The principles of the Koala SEPP 2021 are to:
The controls within the Koala Habitat Protection SEPP apply to both direct and indirect impacts of the proposed development on all habitat within the 'site area' (the subject lot). Therefore, you will still need to show how your development has been designed to ensure low or no direct impact, regardless of whether vegetation is being removed.
When you may require an Independent Koala Plan of Management (IKPOM)
You can engage a suitably qualified Ecologist, such as Land Eco Consulting to carry-out an assessment of your land to survey for the presence of koalas and potential 'Core Koala Habitat' in accordance with the 'Koala Habitat Protection Guideline'. If the report concludes that Koala habitat is present, you will need to engage an Ecologist such as Land Eco Consulting to prepare a Koala Assessment Report or Independent Koala Plan of Management (IKPOM) if the LGA that your DA occurs in does not already support an approved overarching Koala Plan of Management.
Koala Habitat Protection 2021 (Chapter 4 of the Biodiversity and Conservation SEPP) applies to the following Council Areas listed in Schedule 2 of that SEPP but not if the local government area is marked with an * in that Schedule:
Armidale Regional, Ballina, Bathurst Regional, Bega Valley, Bellingen, Berrigan, Blayney, City of Blue Mountains *, Bourke, Brewarrina, Byron, Cabonne , City of Campbelltown *, Central Coast * , Central Darling, City of Cessnock, Clarence Valley, City of Coffs Harbour, Coonamble, Dungog, Edward River, Eurobodalla, Federation, Forbes, Gilgandra, Glen Innes Severn Shire, Goulburn Mulwaree, Greater Hume Shire, Gunnedah, Gwydir, City of Hawkesbury *, Hilltops, Hornsby *, Inverell , Kempsey, Ku-ring-gai *, Kyogle, City of Lake Macquarie, Leeton, City of Lismore, City of Lithgow, City of Liverpool *, Liverpool Plains, Lockhart , City of Maitland, Mid-Coast, Mid-Western Regional, Moree Plains, Murray River, Muswellbrook , Nambucca Valley, Narrabri , Narrandera , Narromine , City of Newcastle, Northern Beaches *, Oberon, Parkes, Port Macquarie-Hastings, Port Stephens, Queanbeyan-Palerang Regional, Richmond Valley, City of Shoalhaven, Singleton, Snowy Monaro Regional, Snowy Valleys, Tamworth Regional, Tenterfield, Tweed, Upper Hunter Shire, Upper Lachlan Shire, Uralla, City of Wagga Wagga, Walcha, Walgett , Warren, Warrumbungle Shire, Weddin, Wentworth, Wingecarribee, Wollondilly *, City of Wollongong, Yass Valley.
If you would like a Koala Report or Independent Koala Plan of Management (IKPOM) for a Development Application (DA) or other purpose, contact the experts at Land Eco Consulting.
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For more information on Koala SEPP and Koala Assessment Reports contact the experts at Land Eco Consulting
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