Koala legislation and policy
Koala habitat regulations for South East Queensland
Development regulations introduced in 2020 protect important areas in which koalas live in South East Queensland (SEQ) by:
- prohibiting the interfering with koala habitat, in koala habitat areas in koala priority areas
- regulating the interfering with koala habitat in koala habitat areas via development approvals.
Interfering with koala habitat:
- means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way, including by burning, flooding or draining native vegetation in a koala habitat area
- does not include destroying standing vegetation by stock, or lopping a tree.
The koala habitat regulation framework includes the Planning Regulation 2017 (Planning Regulations) and the Nature Conservation (Koala) Conservation Plan 2017 (Koala Conservation Plan).
The regulations and the South East Queensland Koala Conservation Strategy 2020–2025, are supported by koala habitat mapping.
The prohibition and development assessment requirements do not apply if the development is exempted development. However, the relevant requirements for sequential clearing and koala spotters under the Koala Conservation Plan must still be met when clearing under exempted development.
The Queensland Government undertook a review of South East Queensland’s koala habitat regulations in 2024. Read more information about the review for Improving South East Queensland’s koala habitat regulations.
Rules for development in koala habitat areas in South East Queensland
Within a Koala Priority Area
The koala planning protections prohibit development that interferes with a koala habitat area unless it is exempt. For proposed developments that do not involve clearing of koala habitat areas but are within koala priority areas, assessment benchmarks apply:
Outside a Koala Priority Area
The Queensland Government is responsible for assessing developments that involve interfering with koala habitat in areas outside koala priority areas, and are assessed against a State Code. A guideline on the requirements of the State Code is available:
Exemptions
- Exemptions that apply to the koala habitat area planning protections are listed in Schedule 24 of the Planning Regulation 2017, including:
- for certain types of development
- for necessary activities such as emergency response, removal of dangerous trees and the creation or maintenance of firebreaks adjacent to infrastructure
- a once-off 500m2 allowance per premises
- for clearing in accordance with relevant Assessable Development Vegetation Clearing Codes under the Vegetation Management Act 1999.
The full list of exemptions are listed under the definition of ‘exempted development’ in Schedule 24 of the Planning Regulation 2017. The following information sheets outline the exemptions that may apply for certain purposes on different land tenures:
- exempted development – all tenures
- exempted development – dedicated roads
- exempted development – land leased agriculture grazing
- exempted development – land leased not agriculture grazing
- exempted development – freehold land
- exempted development – indigenous land
- exempted development – land act licence permit
- exempted development – trust land
Before going ahead with any interference to koala habitat under the listed exemptions, check if any other restrictions apply under other local, state and federal government laws, including vegetation protection laws. These might apply even if the works are exempted under the Planning Regulation 2017.
The following factsheets provide landholders with information regarding the koala conservation protections:
- koala habitat mapping
- koala habitat planning controls decision tree
- development in koala habitat areas outside koala priority areas
- development in koala priority areas
- development in identified koala broad hectare areas
- extractive industries in koala habitat areas key resource areas
Koala habitat protection outside of South East Queensland
Koala habitat outside of South East Queensland is considered in development assessment as a Matter of State Environmental Significance (MSES) in the State Development Assessment Provisions – State Codes 8, 16, and 22. Koala habitat is also considered a Matter of National Environmental Significance (MNES) under the Commonwealth Government’s Environment Protection and Biodiversity Conservation Act 1999. Some local government planning schemes identify and regulate wildlife habitat values as Matters of Local Environmental Significance (MLES).
Requirements for koala-related offsets
The Queensland Environmental Offset Policy is used to ensure that environmental offsets for unavoidable impacts on high quality koala habitat contribute to the establishment, protection, and rehabilitation of koala habitat. This process is regulated by the Environmental Offsets Act 2014 and Environmental Offsets Regulation 2014, as well as the Planning Act 2016 and Planning Regulation 2017.
The Queensland Environmental Offsets Policy aligns with the koala habitat regulations and the policy intent of the South East Queensland Koala Conservation Strategy.
Environmental covenants
A covenant registered under the Land Title Act 1994 can be used to preserve a native animal or plant. This means it can be used to preserve koalas through the protection and enhancement of koala habitat within the designated covenant area. Those seeking to impact on koala habitat area may seek to mitigate their impact by using a covenant on other areas of the site.
The Standard Covenant Terms Template provides information for development applicants and landholders on the roles and responsibilities of entering into an environmental covenant with the department.
Koala-sensitive design guideline
The Koala-sensitive design guideline: a guide to koala-sensitive design measures for planning and development activities (the KSD guideline) provides information for managers, land-use planners, infrastructure providers and development proponents.
Koala-sensitive design principles that help development include:
- retain and protect koala habitat values in their natural state to allow koalas to feed, rest and move around
- achieve permeability for koalas through the landscape to ensure the safe movement of koalas within and across a site
- reduce threats to resident and transient koalas.
Nature Conservation (Koala) Conservation Plan
There are a number of independent clearing requirements prescribed in the Nature Conservation (Koala) Conservation Plan 2017 (Koala Conservation Plan) which apply to clearing koala habitat trees regardless of other legislative requirements or exemptions. This includes undertaking sequential clearing and having koala spotters present during clearing works.
Unlike the requirements in the Planning Regulation 2017, which are in place to protect koala habitat, the requirements in the Koala Conservation Plan help prevent koalas being injured or killed during clearing. Sequential clearing and koala spotter requirements are detailed in the following information sheet:
Please note: These requirements apply irrespective of any approval or exemption provided under other pieces of legislation.
State Government Supported Infrastructure Koala Conservation Policy
The State Government Supported Infrastructure Koala Conservation Policy aims to reduce the impact of government infrastructure projects on koalas and their habitat in South East Queensland and achieve greater koala conservation outcomes in koala priority areas.
Projects are required to avoid, mitigate and offset impacts to koala habitat, consider the safe movement of koalas and implement koala sensitive design.
The State Supported Infrastructure Koala Conservation Policy 2023 (SI Policy) refers to updated koala mapping. The previous version of the Policy applies to projects that received funding prior to April 2023.
There is a Self-assessment Guideline: Assessment and management of potential impacts on koala habitat arising from state government supported infrastructure projects to support public sector entities delivering projects triggered by the SI Policy.
For transport infrastructure being delivered on behalf of the Department of Transport and Main Roads, there is a Guideline for Transport Infrastructure: Using Expert Elicitation to determine conservation outcomes for alternate compensatory actions .
For further support on legislative interpretation of the SI Policy you can contact SEQKoalaStrategy@detsi.qld.gov.au
For public sector entities seeking to provide yearly reporting on infrastructure projects triggered by the SI Policy or seeking to raise an invoice for financial payment of an SI Policy obligation you can contact koala.compliance@detsi.qld.gov.au
To provide an Offset Delivery Plan for a land-based offset or an advanced offset you can contact offsets@detsi.qld.gov.au
For information about specific infrastructure projects contact the relevant Queensland Government department.