New Koala Habitat Provisions under the Planning Regulation 2017

To assist in navigating the new Koala Habitat Provisions under the Planning Regulation 2017, Saunders Havill Group have compiled a guide which steps through the applicable assessment criteria depending on the habitat values on a property.

To determine whether these new koala habitat provisions apply to you, firstly check:

• Do you meet the definition of exempted development; or
• is the development to be carried out under a development permit given for an application that was properly made before 7 February 2020; or
• is the development consistent with a development approval:
  • in effect for the premises on which the development is carried out; and
  • given for an application that was properly made before 7 February 2020?

If you meet any of the above criteria, the new koala habitat provisions within the amended Planning Regulation 2017 do not apply.

Note – For a current application that was properly made before 7 February 2020, the new statutory instrument is not applicable as per Section 73 of the Planning Regulation 2017, which we interpret to mean it removes the ability for the Assessment Manager to give weight to the new provisions as per Chapter 3, Part 1, Section 45 of the Planning Act 2016.

If you do not meet any of the above criteria, download our handy guide with what you need to do next.