Prohibited development—development interfering with koala habitat in koala priority area and koala habitat area
16A Prohibited development—development interfering with koala habitat in koala priority area and koala habitat area
Development is prohibited development to the extent the development involves interfering with koala habitat in an area that is both—
a koala priority area; and
a koala habitat area.
However, subsection (1) does not apply to the extent the development—
is exempted development; or
is assessable development under section 16C; or
is in an identified koala broad-hectare area and is—
accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C; or
reconfiguring a lot that is assessable development under part 14, division 1, section 21; or
is carried out under a development permit given for an application that was properly made before 7 February 2020; or
is 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.
sch 10 s 16A ins 2020 SL No. 9 s 31
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.