Nature Conservation (Koala) Conservation Plan 2017

This plan may be cited as the Nature Conservation (Koala) Conservation Plan 2017.

This plan commences on 1 September 2017.

It is declared that section 121(2) of the Act does not apply to this plan.

The main purposes of this plan are—

to promote the continued existence of viable koala populations in the wild; and

to prevent the decline of koala habitats.

The main purposes are to be achieved by—

dividing the State into 3 koala districts based on the management strategies to be applied to each district; and

prescribing the objective for each koala district; and

enabling the chief executive to determine koala priority areas and koala habitat areas; and

prescribing requirements for clearing vegetation in particular areas; and

prescribing additional restrictions on the grant of particular animal authorities for koalas, including, in particular, the authorities authorising the release of koalas into the wild; and

prescribing an additional condition for rehabilitation permits for koalas taken from the wild.

The dictionary in schedule 2 defines particular words used in this plan.

Subject to subsection (1), and unless this plan provides otherwise, words used in this plan have the same meaning as they have in the Nature Conservation (Animals) Regulation 2020.

Each of the following is a wildlife district for koalas—

koala district A;

koala district B;

koala district C.

For a koala district that includes a part of a local government area, a reference in schedule 1 to part of the local government area is a reference to the part of the local government area shown on the Koala Conservation Plan Map as part of the district.

The objective for each koala district is to ensure, having regard to the nature and extent of koala populations in the district, appropriate measures are taken to achieve the purposes of this plan mentioned in section 4(1), including measures that—

monitor koala populations in the district and threats to the survival of koalas in the district; and

monitor and review the effectiveness of conservation measures for koalas and koala habitats in the district; and

provide education and management strategies to help manage threats to the survival of koala populations in the wild, including, for example, threats caused by dog attacks or vehicle strikes.

The chief executive may determine that an area in a koala district is a koala priority area.

The main purpose of determining that an area is a koala priority area is to strategically focus long-term management and monitoring effort on areas that have the highest likelihood of achieving conservation outcomes for koalas.

Note—

See also the Planning Regulation 2017 for provisions about development in a koala priority area.

The chief executive may make a determination under subsection (1) in relation to an area if satisfied conservation efforts should be prioritised in the area to ensure the conservation of viable koala populations in the wild.

In considering whether to make the determination, the chief executive must have regard to information that is reasonably available to the chief executive in relation to the combination of biophysical measures and suitability of vegetation in the area.

The chief executive may determine that an area in a koala district is a koala habitat area.

The main purpose of determining that an area is a koala habitat area is to avoid impacts on koala habitat to ensure the long-term persistence of koala populations in the wild.

Notes—

1 For the imposition of an offset condition under the Environmental Offsets Act 2014 in relation to an impact on a koala habitat area, see that Act and the Environmental Offsets Regulation 2014, schedule 2.

2 See also the Planning Regulation 2017 for provisions about development in a koala habitat area.

The chief executive may make a determination under subsection (1) in relation to an area if satisfied—

the area contains koala habitat; and

the koala habitat is essential for the conservation of a viable koala population in the wild.

In considering whether to make the determination, the chief executive must have regard to information that is reasonably available to the chief executive in relation to the combination of biophysical measures and suitability of vegetation in the area.

Without limiting subsections (3) and (4), the chief executive may be satisfied the koala habitat is essential as mentioned in subsection (3)(b) even if the information available to the chief executive does not show evidence of koalas living in or crossing the koala habitat.

An owner of land, or a person on the owner’s behalf, may ask the chief executive—

to make a determination under section 7B in relation to the land; or

to amend or revoke a determination made under section 7B in relation to the land.

The request must—

be in the approved form; and

state the grounds on which the determination, amendment or revocation is sought.

After considering the request, the chief executive must—

decide to approve, refuse or partly approve and partly refuse the request; and

give the person who made the request notice of the decision.

To the extent the chief executive approves the request, the chief executive must—

make, amend or revoke the determination under section 7B in accordance with the decision; and

give the person who made the request a map of the land to which the request relates showing any part of the land that is a koala habitat area.

To the extent the chief executive refuses the request, the notice given under subsection (3)(b) must be an information notice for the decision.

In this section—

owner, of land, see the Vegetation Management Act 1999, schedule.

The chief executive must prepare a map (the Koala Conservation Plan Map) showing—

each koala district; and

each koala priority area; and

each koala habitat area.

The Koala Conservation Plan Map may consist of a series of maps, including, for example, a separate map for different parts of the State.

If the chief executive makes, amends or revokes a determination under section 7A or 7B, whether or not on request under section 7C, the chief executive must amend the Koala Conservation Plan Map accordingly.

The chief executive must make a copy of the Koala Conservation Plan Map available for inspection by the public, free of charge—

on the department’s website; and

during office hours on business days at—

the central office of the department; and

each regional office of the department.