{"id":"qld:sl-2017-0152","name":"Nature Conservation (Koala) Conservation Plan 2017","slug":"nature-conservation-koala-conservation-plan-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"152 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174932,"registerId":"qld-qld:sl-2017-0152-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis plan may be cited as the Nature Conservation (Koala) Conservation Plan 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis plan commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Relationship with declared management intent— Act , s 121","content":"### sec.3 Relationship with declared management intent— Act , s 121\n\nIt is declared that section 121 (2) of the Act does not apply to this plan.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purposes of plan and how they are to be achieved","content":"### sec.4 Main purposes of plan and how they are to be achieved\n\nThe main purposes of this plan are—\nto promote the continued existence of viable koala populations in the wild; and\nto prevent the decline of koala habitats.\nThe main purposes are to be achieved by—\ndividing the State into 3 koala districts based on the management strategies to be applied to each district; and\nprescribing the objective for each koala district; and\nenabling the chief executive to determine koala priority areas and koala habitat areas; and\nprescribing requirements for clearing vegetation in particular areas; and\nprescribing 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\nprescribing an additional condition for rehabilitation permits for koalas taken from the wild.\ns 4 amd 2020 SL No. 9 s 14 ; 2020 SL No. 136 s 442 sch 8 ; 2023 SL No. 77 s 32\n(sec.4-ssec.1) 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.\n(sec.4-ssec.2) 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.\n- (a) to promote the continued existence of viable koala populations in the wild; and\n- (b) to prevent the decline of koala habitats.\n- (a) dividing the State into 3 koala districts based on the management strategies to be applied to each district; and\n- (b) prescribing the objective for each koala district; and\n- (c) enabling the chief executive to determine koala priority areas and koala habitat areas; and\n- (d) prescribing requirements for clearing vegetation in particular areas; and\n- (e) 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\n- (f) prescribing an additional condition for rehabilitation permits for koalas taken from the wild.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Interpretation","content":"### sec.5 Interpretation\n\nThe dictionary in schedule 2 defines particular words used in this plan.\nSubject 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 .\ns 5 amd 2020 SL No. 136 s 442 sch 8\n(sec.5-ssec.1) The dictionary in schedule 2 defines particular words used in this plan.\n(sec.5-ssec.2) 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 .","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Koala districts, koala priority areas and koala habitat areas","content":"# Koala districts, koala priority areas and koala habitat areas","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Koala districts","content":"## Koala districts","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Koala districts","content":"### sec.6 Koala districts\n\nEach of the following is a wildlife district for koalas—\nkoala district A;\nkoala district B;\nkoala district C.\nFor 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.\ns 6 amd 2020 SL No. 9 s 17\n(sec.6-ssec.1) Each of the following is a wildlife district for koalas— koala district A; koala district B; koala district C.\n(sec.6-ssec.2) 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.\n- (a) koala district A;\n- (b) koala district B;\n- (c) koala district C.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Objective for koala district","content":"### sec.7 Objective for koala district\n\nThe 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—\nmonitor koala populations in the district and threats to the survival of koalas in the district; and\nmonitor and review the effectiveness of conservation measures for koalas and koala habitats in the district; and\nprovide 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.\n- (a) monitor koala populations in the district and threats to the survival of koalas in the district; and\n- (b) monitor and review the effectiveness of conservation measures for koalas and koala habitats in the district; and\n- (c) 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.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Koala priority areas and koala habitat areas","content":"## Koala priority areas and koala habitat areas","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Koala priority areas","content":"### sec.7A Koala priority areas\n\nThe chief executive may determine that an area in a koala district is a koala priority area .\nThe 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.\nSee also the Planning Regulation 2017 for provisions about development in a koala priority area.\nThe 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.\nIn 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.\ns 7A ins 2020 SL No. 9 s 18\n(sec.7A-ssec.1) The chief executive may determine that an area in a koala district is a koala priority area .\n(sec.7A-ssec.2) 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. See also the Planning Regulation 2017 for provisions about development in a koala priority area.\n(sec.7A-ssec.3) 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.\n(sec.7A-ssec.4) 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.","sortOrder":11},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Koala habitat areas","content":"### sec.7B Koala habitat areas\n\nThe chief executive may determine that an area in a koala district is a koala habitat area .\nThe 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.\nFor 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 .\nSee also the Planning Regulation 2017 for provisions about development in a koala habitat area.\nThe chief executive may make a determination under subsection (1) in relation to an area if satisfied—\nthe area contains koala habitat; and\nthe koala habitat is essential for the conservation of a viable koala population in the wild.\nIn 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.\nWithout 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.\ns 7B ins 2020 SL No. 9 s 18\namd 2023 SL No. 77 s 33\n(sec.7B-ssec.1) The chief executive may determine that an area in a koala district is a koala habitat area .\n(sec.7B-ssec.2) 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. 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 . See also the Planning Regulation 2017 for provisions about development in a koala habitat area.\n(sec.7B-ssec.3) 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.\n(sec.7B-ssec.4) 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.\n(sec.7B-ssec.5) 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.\n- 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 .\n- 2 See also the Planning Regulation 2017 for provisions about development in a koala habitat area.\n- (a) the area contains koala habitat; and\n- (b) the koala habitat is essential for the conservation of a viable koala population in the wild.","sortOrder":12},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Requests to make, amend or revoke determinations under s 7B","content":"### sec.7C Requests to make, amend or revoke determinations under s 7B\n\nAn owner of land, or a person on the owner’s behalf, may ask the chief executive—\nto make a determination under section 7B in relation to the land; or\nto amend or revoke a determination made under section 7B in relation to the land.\nThe request must—\nbe in the approved form; and\nstate the grounds on which the determination, amendment or revocation is sought.\nAfter considering the request, the chief executive must—\ndecide to approve, refuse or partly approve and partly refuse the request; and\ngive the person who made the request notice of the decision.\nTo the extent the chief executive approves the request, the chief executive must—\nmake, amend or revoke the determination under section 7B in accordance with the decision; and\ngive 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.\nTo the extent the chief executive refuses the request, the notice given under subsection (3) (b) must be an information notice for the decision.\nIn this section—\nowner , of land, see the Vegetation Management Act 1999 , schedule .\ns 7C ins 2020 SL No. 9 s 18\n(sec.7C-ssec.1) 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.\n(sec.7C-ssec.2) The request must— be in the approved form; and state the grounds on which the determination, amendment or revocation is sought.\n(sec.7C-ssec.3) 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.\n(sec.7C-ssec.4) 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.\n(sec.7C-ssec.5) To the extent the chief executive refuses the request, the notice given under subsection (3) (b) must be an information notice for the decision.\n(sec.7C-ssec.6) In this section— owner , of land, see the Vegetation Management Act 1999 , schedule .\n- (a) to make a determination under section 7B in relation to the land; or\n- (b) to amend or revoke a determination made under section 7B in relation to the land.\n- (a) be in the approved form; and\n- (b) state the grounds on which the determination, amendment or revocation is sought.\n- (a) decide to approve, refuse or partly approve and partly refuse the request; and\n- (b) give the person who made the request notice of the decision.\n- (a) make, amend or revoke the determination under section 7B in accordance with the decision; and\n- (b) 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.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Koala Conservation Plan Map","content":"## Koala Conservation Plan Map","sortOrder":14},{"sectionNumber":"sec.8","sectionType":"section","heading":"Chief executive must prepare Koala Conservation Plan Map","content":"### sec.8 Chief executive must prepare Koala Conservation Plan Map\n\nThe chief executive must prepare a map (the Koala Conservation Plan Map ) showing—\neach koala district; and\neach koala priority area; and\neach koala habitat area.\nThe Koala Conservation Plan Map may consist of a series of maps, including, for example, a separate map for different parts of the State.\nIf 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.\ns 8 sub 2020 SL No. 9 s 20\n(sec.8-ssec.1) 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.\n(sec.8-ssec.2) The Koala Conservation Plan Map may consist of a series of maps, including, for example, a separate map for different parts of the State.\n(sec.8-ssec.3) 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.\n- (a) each koala district; and\n- (b) each koala priority area; and\n- (c) each koala habitat area.","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Koala Conservation Plan Map available for inspection","content":"### sec.9 Koala Conservation Plan Map available for inspection\n\nThe chief executive must make a copy of the Koala Conservation Plan Map available for inspection by the public, free of charge—\non the department’s website; and\nduring office hours on business days at—\nthe central office of the department; and\neach regional office of the department.\n- (a) on the department’s website; and\n- (b) during office hours on business days at— (i) the central office of the department; and (ii) each regional office of the department.\n- (i) the central office of the department; and\n- (ii) each regional office of the department.\n- (i) the central office of the department; and\n- (ii) each regional office of the department.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Clearing in particular areas","content":"# Clearing in particular areas","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Sequential clearing in koala district A or B","content":"### sec.10 Sequential clearing in koala district A or B\n\nA person clearing koala habitat trees in koala district A or koala district B must ensure the clearing is carried out in a way that complies with the sequential clearing conditions.\nMaximum penalty—120 penalty units.\nThis section applies in addition to any other requirement applying to the clearing under an Act.\nIn this section—\nsequential clearing conditions means all of the following conditions—\nclearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site ) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by—\ncarrying out the clearing in stages; and\nensuring not more than the following is cleared in any 1 stage—\nfor a clearing site with an area of 6ha or less—50% of the site’s area;\nfor a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and\nensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site;\nclearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site;\nno koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared.\n(sec.10-ssec.1) A person clearing koala habitat trees in koala district A or koala district B must ensure the clearing is carried out in a way that complies with the sequential clearing conditions. Maximum penalty—120 penalty units.\n(sec.10-ssec.2) This section applies in addition to any other requirement applying to the clearing under an Act.\n(sec.10-ssec.3) In this section— sequential clearing conditions means all of the following conditions— clearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site ) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by— carrying out the clearing in stages; and ensuring not more than the following is cleared in any 1 stage— for a clearing site with an area of 6ha or less—50% of the site’s area; for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site; clearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site; no koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared.\n- (a) clearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site ) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by— (i) carrying out the clearing in stages; and (ii) ensuring not more than the following is cleared in any 1 stage— (A) for a clearing site with an area of 6ha or less—50% of the site’s area; (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and (iii) ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site;\n- (i) carrying out the clearing in stages; and\n- (ii) ensuring not more than the following is cleared in any 1 stage— (A) for a clearing site with an area of 6ha or less—50% of the site’s area; (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and\n- (A) for a clearing site with an area of 6ha or less—50% of the site’s area;\n- (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and\n- (iii) ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site;\n- (b) clearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site;\n- (c) no koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared.\n- (i) carrying out the clearing in stages; and\n- (ii) ensuring not more than the following is cleared in any 1 stage— (A) for a clearing site with an area of 6ha or less—50% of the site’s area; (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and\n- (A) for a clearing site with an area of 6ha or less—50% of the site’s area;\n- (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and\n- (iii) ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site;\n- (A) for a clearing site with an area of 6ha or less—50% of the site’s area;\n- (B) for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Koala spotter needed for clearing in koala habitat area","content":"### sec.11 Koala spotter needed for clearing in koala habitat area\n\nThis section applies to a person clearing, in a koala habitat area, koala habitat trees having a trunk of a diameter of more than 10cm at 1.3m above the ground.\nThe person must ensure the clearing is carried out in the presence of a koala spotter who has the primary role of locating koalas in the trees for the person.\nMaximum penalty—120 penalty units.\nThis section applies in addition to any other requirement applying to the clearing under an Act.\nIn this section—\nkoala spotter means a person who has qualifications and experience, or demonstrated skills and knowledge, in—\nlocating koalas in koala habitats; or\nconducting arboreal fauna surveys.\ns 11 amd 2020 SL No. 9 s 21\n(sec.11-ssec.1) This section applies to a person clearing, in a koala habitat area, koala habitat trees having a trunk of a diameter of more than 10cm at 1.3m above the ground.\n(sec.11-ssec.2) The person must ensure the clearing is carried out in the presence of a koala spotter who has the primary role of locating koalas in the trees for the person. Maximum penalty—120 penalty units.\n(sec.11-ssec.3) This section applies in addition to any other requirement applying to the clearing under an Act.\n(sec.11-ssec.4) In this section— koala spotter means a person who has qualifications and experience, or demonstrated skills and knowledge, in— locating koalas in koala habitats; or conducting arboreal fauna surveys.\n- (a) locating koalas in koala habitats; or\n- (b) conducting arboreal fauna surveys.","sortOrder":19},{"sectionNumber":"pt.4","sectionType":"part","heading":"Additional restrictions on grant for animal authorities for taking, using or keeping","content":"# Additional restrictions on grant for animal authorities for taking, using or keeping","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Relationship with Nature Conservation (Animals) Regulation 2020","content":"### sec.12 Relationship with Nature Conservation (Animals) Regulation 2020\n\nThe restrictions on the grant of an animal authority under this part are in addition to the restrictions applying to the grant of the authority under the Nature Conservation (Animals) Regulation 2020 .\nSee the Nature Conservation (Animals) Regulation 2020 , chapter 4 and section 234 .\ns 12 sub 2020 SL No. 136 s 442 sch 8","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"General restriction on grant","content":"### sec.13 General restriction on grant\n\nThe chief executive must not grant any of the following animal authorities for koalas—\na standard licence;\na specialised licence;\nan advanced licence;\na harvesting licence;\na dealer licence;\na damage mitigation permit;\na permit to keep.\ns 13 amd 2020 SL No. 9 s 22\nsub 2020 SL No. 136 s 442 sch 8\n- (a) a standard licence;\n- (b) a specialised licence;\n- (c) an advanced licence;\n- (d) a harvesting licence;\n- (e) a dealer licence;\n- (f) a damage mitigation permit;\n- (g) a permit to keep.","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Restriction on grant of animal authorities authorising release of koalas into wild","content":"### sec.14 Restriction on grant of animal authorities authorising release of koalas into wild\n\nThe chief executive must not grant an animal authority, other than a rehabilitation permit or a research permit, authorising the holder of the authority, or a relevant person for the holder, to release into the wild a koala bred or kept in captivity.\nFor an offence relating to the release of animals into the wild, see the Nature Conservation (Animals) Regulation 2020 , section 336 .\ns 14 sub 2020 SL No. 136 s 442 sch 8","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Restriction on grant of rehabilitation permit authorising release into wild","content":"### sec.15 Restriction on grant of rehabilitation permit authorising release into wild\n\nThe chief executive must not grant a rehabilitation permit authorising the holder of the permit, or a relevant person for the holder, to release a koala taken from the wild into a part of the wild that is not a prescribed natural habitat for the koala.\nThe chief executive must not grant a rehabilitation permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala bred in captivity unless—\nthe koala is the progeny of a koala taken from the wild; and\nthe chief executive is reasonably satisfied the koala is capable of surviving in the wild.\nFor offences relating to the release of animals into the wild, see the Nature Conservation (Animals) Regulation 2020 , section 336 .\ns 15 amd 2020 SL No. 136 s 442 sch 8\n(sec.15-ssec.1) The chief executive must not grant a rehabilitation permit authorising the holder of the permit, or a relevant person for the holder, to release a koala taken from the wild into a part of the wild that is not a prescribed natural habitat for the koala.\n(sec.15-ssec.2) The chief executive must not grant a rehabilitation permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala bred in captivity unless— the koala is the progeny of a koala taken from the wild; and the chief executive is reasonably satisfied the koala is capable of surviving in the wild. For offences relating to the release of animals into the wild, see the Nature Conservation (Animals) Regulation 2020 , section 336 .\n- (a) the koala is the progeny of a koala taken from the wild; and\n- (b) the chief executive is reasonably satisfied the koala is capable of surviving in the wild.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Restriction on grant of research permit authorising release into wild","content":"### sec.16 Restriction on grant of research permit authorising release into wild\n\nThe chief executive must not grant a research permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala taken from the wild unless—\nthe koala is to be released into a prescribed natural habitat for the koala; or\nthe chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied.\nThe chief executive must not grant a research permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala bred in captivity unless—\nthe chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied; or\nthe chief executive is otherwise reasonably satisfied the koala is capable of surviving in the wild.\nIn this section—\nprescribed release conditions , for the release of a koala, means all of the following conditions—\nthe koala is to be released into a koala habitat;\nresearch about the koala and the koala habitat shows the following—\nthe release of the koala into the habitat will not adversely affect any species of wildlife in the habitat;\nthe genetic makeup of the koala is similar to the genetic makeup of koalas living in the habitat;\nthe release of the koala into the habitat is a key component of the research project for which the application for the permit, under which the koala is to be released, is made;\nthe research project provides for the recapture of the koala if the chief executive requires the recapture.\ns 16 amd 2020 SL No. 136 s 442 sch 8 ; 2021 SL No. 165 s 24\n(sec.16-ssec.1) The chief executive must not grant a research permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala taken from the wild unless— the koala is to be released into a prescribed natural habitat for the koala; or the chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied.\n(sec.16-ssec.2) The chief executive must not grant a research permit authorising the holder of the permit, or a relevant person for the holder, to release into the wild a koala bred in captivity unless— the chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied; or the chief executive is otherwise reasonably satisfied the koala is capable of surviving in the wild.\n(sec.16-ssec.3) In this section— prescribed release conditions , for the release of a koala, means all of the following conditions— the koala is to be released into a koala habitat; research about the koala and the koala habitat shows the following— the release of the koala into the habitat will not adversely affect any species of wildlife in the habitat; the genetic makeup of the koala is similar to the genetic makeup of koalas living in the habitat; the release of the koala into the habitat is a key component of the research project for which the application for the permit, under which the koala is to be released, is made; the research project provides for the recapture of the koala if the chief executive requires the recapture.\n- (a) the koala is to be released into a prescribed natural habitat for the koala; or\n- (b) the chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied.\n- (a) the chief executive is reasonably satisfied the prescribed release conditions for the release of the koala are satisfied; or\n- (b) the chief executive is otherwise reasonably satisfied the koala is capable of surviving in the wild.\n- (a) the koala is to be released into a koala habitat;\n- (b) research about the koala and the koala habitat shows the following— (i) the release of the koala into the habitat will not adversely affect any species of wildlife in the habitat; (ii) the genetic makeup of the koala is similar to the genetic makeup of koalas living in the habitat;\n- (i) the release of the koala into the habitat will not adversely affect any species of wildlife in the habitat;\n- (ii) the genetic makeup of the koala is similar to the genetic makeup of koalas living in the habitat;\n- (c) the release of the koala into the habitat is a key component of the research project for which the application for the permit, under which the koala is to be released, is made;\n- (d) the research project provides for the recapture of the koala if the chief executive requires the recapture.\n- (i) the release of the koala into the habitat will not adversely affect any species of wildlife in the habitat;\n- (ii) the genetic makeup of the koala is similar to the genetic makeup of koalas living in the habitat;","sortOrder":25},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Additional condition for rehabilitation permits for koalas taken from wild","content":"# Additional condition for rehabilitation permits for koalas taken from wild","sortOrder":26},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Where to release koala taken from wild","content":"### sec.16A Where to release koala taken from wild\n\nThis section states, in subsection (3) , a condition that applies to a rehabilitation permit if—\nthe authorised animal under the permit is a koala taken from the wild; and\nthe holder of the permit, or a relevant person for the holder, is releasing the koala under the permit into a prescribed natural habitat for the koala.\nThe condition applies in addition to any other conditions applying to the rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 .\nSee the Nature Conservation (Animals) Regulation 2020 , chapter 4 , part 2 , division 4 and part 14 , division 3 for other conditions.\nThe holder of the rehabilitation permit, or a relevant person for the holder, must release the koala into prescribed natural habitat for the koala that—\nis as close as practicable to the place where the koala was taken; and\nis suitable for maximising the koala’s chance of long-term survival in the wild; and\nis suitable for minimising negative impacts on any existing koala population in the habitat.\nSubsection (3) (a) applies subject to subsection (3) (b) and (c) .\nA person complies with subsection (3) if the person releases the koala in a way that complies with the koala rehabilitation code to the extent the code provides for where the koala should be released.\nSubsection (5) does not limit the ways in which a person may otherwise comply with subsection (3) .\ns 16A ins 2023 SL No. 77 s 34\n(sec.16A-ssec.1) This section states, in subsection (3) , a condition that applies to a rehabilitation permit if— the authorised animal under the permit is a koala taken from the wild; and the holder of the permit, or a relevant person for the holder, is releasing the koala under the permit into a prescribed natural habitat for the koala.\n(sec.16A-ssec.2) The condition applies in addition to any other conditions applying to the rehabilitation permit under the Nature Conservation (Animals) Regulation 2020 . See the Nature Conservation (Animals) Regulation 2020 , chapter 4 , part 2 , division 4 and part 14 , division 3 for other conditions.\n(sec.16A-ssec.3) The holder of the rehabilitation permit, or a relevant person for the holder, must release the koala into prescribed natural habitat for the koala that— is as close as practicable to the place where the koala was taken; and is suitable for maximising the koala’s chance of long-term survival in the wild; and is suitable for minimising negative impacts on any existing koala population in the habitat.\n(sec.16A-ssec.4) Subsection (3) (a) applies subject to subsection (3) (b) and (c) .\n(sec.16A-ssec.5) A person complies with subsection (3) if the person releases the koala in a way that complies with the koala rehabilitation code to the extent the code provides for where the koala should be released.\n(sec.16A-ssec.6) Subsection (5) does not limit the ways in which a person may otherwise comply with subsection (3) .\n- (a) the authorised animal under the permit is a koala taken from the wild; and\n- (b) the holder of the permit, or a relevant person for the holder, is releasing the koala under the permit into a prescribed natural habitat for the koala.\n- (a) is as close as practicable to the place where the koala was taken; and\n- (b) is suitable for maximising the koala’s chance of long-term survival in the wild; and\n- (c) is suitable for minimising negative impacts on any existing koala population in the habitat.","sortOrder":27},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":28},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provisions for SL No. 152 of 2017","content":"## Transitional provisions for SL No. 152 of 2017","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"State map taken to be Koala Conservation Plan Map","content":"### sec.17 State map taken to be Koala Conservation Plan Map\n\nThis section applies to the State map—\nprepared under section 10 of the expired conservation plan; and\nin existence immediately before the commencement.\nThe State map is taken to be the Koala Conservation Plan Map.\n(sec.17-ssec.1) This section applies to the State map— prepared under section 10 of the expired conservation plan; and in existence immediately before the commencement.\n(sec.17-ssec.2) The State map is taken to be the Koala Conservation Plan Map.\n- (a) prepared under section 10 of the expired conservation plan; and\n- (b) in existence immediately before the commencement.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"References to expired conservation plan","content":"### sec.18 References to expired conservation plan\n\nIn a document, a reference to the expired conservation plan may, if the context permits, be taken to be a reference to this plan.\nSubsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .\n(sec.18-ssec.1) In a document, a reference to the expired conservation plan may, if the context permits, be taken to be a reference to this plan.\n(sec.18-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Effect of division","content":"### sec.19 Effect of division\n\nThis division stops having effect on 7 February 2020.\ns 19 ins 2020 SL No. 9 s 24","sortOrder":32},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions for Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020","content":"## Transitional provisions for Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020","sortOrder":33},{"sectionNumber":"sec.20","sectionType":"section","heading":"Koala Conservation Plan Map","content":"### sec.20 Koala Conservation Plan Map\n\nOn the commencement, the map called ‘Koala Conservation Plan Map’, made by the chief executive on 17 January 2020 and published on the department’s website, is taken to be the Koala Conservation Plan Map.\ns 20 ins 2020 SL No. 9 s 25","sortOrder":34},{"sectionNumber":"sec.21","sectionType":"section","heading":"Koala priority areas and koala habitat areas","content":"### sec.21 Koala priority areas and koala habitat areas\n\nOn the commencement—\nthe chief executive is taken to have determined, under section 7A, that an area in a koala district shown on the Koala Conservation Plan Map as a koala priority area is a koala priority area; and\nthe chief executive is taken to have determined, under section 7B, that an area in a koala district shown on the Koala Conservation Plan Map as a koala habitat area is a koala habitat area.\ns 21 ins 2020 SL No. 9 s 25\n- (a) the chief executive is taken to have determined, under section 7A, that an area in a koala district shown on the Koala Conservation Plan Map as a koala priority area is a koala priority area; and\n- (b) the chief executive is taken to have determined, under section 7B, that an area in a koala district shown on the Koala Conservation Plan Map as a koala habitat area is a koala habitat area.","sortOrder":35}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2017 plan appears to have been a simpler framework establishing three koala districts with general objectives. The 2020 amendments significantly expanded the scope by adding: (1) the koala priority area and koala habitat area mechanisms with detailed determination criteria; (2) mandatory sequential clearing rules and koala spotter requirements; (3) extensive restrictions on animal authorities and release permits; and (4) integration with the Planning Regulation 2017 and Environmental Offsets Act 2014. The 2023 amendment added Part 4A with specific release location requirements for rehabilitated koalas. The plan has evolved from a broad management framework into a detailed regulatory instrument governing specific land use activities and wildlife management decisions."},"complexity_factors":["Multiple overlapping spatial designations: three koala districts plus two discretionary area types (priority areas and habitat areas) determined by the chief executive","Extensive cross-referencing to other legislation including the Nature Conservation (Animals) Regulation 2020, Planning Regulation 2017, Environmental Offsets Act 2014, and Vegetation Management Act 1999","Nested conditional logic in clearing rules, particularly section 10 with staged clearing requirements that vary by site size (different thresholds for sites ≤6ha vs >6ha)","Multiple permit types with different restrictions (rehabilitation permits vs research permits vs standard licences) and different rules for captive-bred vs wild-taken koalas","Defined terms located in Schedule 2 dictionary (not fully visible in extract) plus imported definitions from the Nature Conservation (Animals) Regulation 2020","Transitional provisions with sunset clauses and deeming provisions that temporarily preserve old maps and determinations","Administrative decision-making criteria requiring subjective assessments ('reasonably satisfied', 'as close as practicable', 'suitable for maximising')"],"plain_english_summary":"This is a Queensland conservation plan that sets out rules to protect koalas and their habitats across the state.\n\n**What it does:**\n- **Divides Queensland into three koala districts** (A, B, and C), each with tailored management strategies based on local koala populations.\n- **Creates two special types of protected areas:**\n  - *Koala priority areas* – zones where conservation efforts are focused on achieving the best outcomes for koalas.\n  - *Koala habitat areas* – zones containing essential habitat that must be protected to ensure koalas survive long-term.\n- **Regulates tree clearing:** Anyone clearing koala habitat trees in districts A or B must follow \"sequential clearing\" rules – essentially clearing in stages with overnight breaks so koalas can escape, and maintaining habitat links. In koala habitat areas, a qualified \"koala spotter\" must be present during clearing.\n- **Controls permits for handling koalas:** Bans most commercial licences for keeping or dealing in koalas. Strictly limits when rehabilitated or captive-bred koalas can be released into the wild – they generally must go back to suitable habitat near where they were found, and must be capable of surviving.\n\n**Who it affects:**\n- Landowners and developers clearing vegetation in Queensland, particularly in the southeast and other koala districts.\n- Wildlife carers and rehabilitation groups who rescue and release koalas.\n- Researchers working with koalas.\n- Local councils and planning authorities (the plan links to planning regulations).\n\n**Why it matters:**\nKoalas are vulnerable to habitat loss, dog attacks, and vehicle strikes. This plan creates a legal framework to slow habitat decline, ensure rescued koalas have the best chance of survival, and prevent inappropriate development in critical koala areas. It balances conservation with development by allowing clearing under strict conditions rather than banning it outright."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2017 plan focused primarily on koala districts, sequential clearing rules, and basic permit restrictions. Subsequent amendments (notably the 2020 Koala Protection Amendment Regulation) significantly expanded the plan's scope by adding the new concepts of 'koala priority areas' and 'koala habitat areas', creating a formal request/review mechanism for landowners, and adding the requirement for a koala spotter during clearing in habitat areas. A 2023 amendment further added a specific release-location condition for rehabilitation permits. The plan has grown from a relatively simple district-based framework into a more sophisticated multi-layered habitat protection and permit control regime."},"complexity_factors":["Multiple interacting regulatory frameworks (Nature Conservation Act, Planning Regulation 2017, Environmental Offsets Act 2014, Vegetation Management Act 1999, Nature Conservation (Animals) Regulation 2020) that must be read together","Tiered geographic classification system (three koala districts, plus koala priority areas and koala habitat areas) with different legal obligations applying in each zone","Sequential clearing rules contain precise numerical thresholds (area sizes, percentages, time windows) that require careful calculation in practice","Multiple permit types (rehabilitation, research, standard licence, dealer licence, etc.) each with different restrictions and conditions for koalas specifically","Chief executive discretion is broad but subject to multiple qualifying conditions, creating interpretive uncertainty","Several rounds of amendments (2020, 2021, 2023) have layered new provisions onto the original structure, making it harder to read as a coherent whole","Cross-referencing to external maps (Koala Conservation Plan Map) that are updated dynamically and not fixed in the legislation itself","Transitional provisions across two separate amendment cycles add historical complexity"],"plain_english_summary":"This Queensland plan strengthens protection for koalas and their habitat by restricting how and where trees can be cleared and tightly controlling permits for keeping, rehabilitating, breeding, researching, and releasing koalas. It introduces mapped koala districts and habitat/priority areas and imposes enforceable procedures and penalties to reduce harm.\n\nWho it affects: landowners and developers doing vegetation clearing, wildlife carers, zoos and researchers handling koalas, and owners of land designated as koala habitat — because everyday development and rescue activities now face stricter legal limits."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.7B(5)","severity":"medium","reasoning":"Section 7B(3)(a) requires the area to 'contain koala habitat' and 7B(3)(b) requires that habitat to be 'essential for the conservation of a viable koala population.' Yet s7B(5) explicitly permits the chief executive to make that 'essential' finding even where available information shows no koalas live in or cross the area. Designating land as essential koala habitat in the absence of any koala presence creates an internally paradoxical standard: the habitat is deemed essential to animals that demonstrably do not use it. While a precautionary approach is understandable in conservation law, the provision as drafted essentially allows an 'essential habitat' finding to be made on zero evidentiary basis regarding actual koala use, undermining the coherence of the designation criteria.","confidence":0.75,"description":"A koala habitat area can be designated as 'essential' koala habitat even where there is no evidence of koalas ever living in or crossing it."},{"type":"other","section":"sec.10(3)(a)(ii)(B)","severity":"low","reasoning":"The '3% of the site's area' alternative only exceeds 3ha when the site exceeds 100ha. For the vast majority of clearing sites in the 6ha–100ha range, the 3ha figure invariably applies, rendering the percentage alternative legally superfluous and potentially misleading to persons trying to determine their obligations.","confidence":0.82,"description":"For clearing sites over 6ha, the per-stage limit is '3ha or 3% of the site's area, whichever is the greater,' but at exactly 6ha the 3% threshold (0.18ha) is far below the 3ha floor, meaning the formula only produces a result larger than 3ha for sites exceeding 100ha. For any site between 6ha and 100ha, '3ha' always wins, making the percentage limb entirely redundant across the most common clearing site sizes in that bracket."},{"type":"self_contradicting","section":"sec.10(3)(a)","severity":"low","reasoning":"Condition (a) demands koalas leave without human intervention, while condition (c) mandates that clearing must not proceed on any tree in which a koala is present. In practice, compliance with (c) requires humans to inspect trees for koalas before clearing (i.e., human intervention), which sits in tension with the 'without human intervention' language in (a). The provisions are not irreconcilable but create a logical awkwardness.","confidence":0.65,"description":"The sequential clearing requirement to allow koalas to 'move out of the clearing site without human intervention' is structurally contradicted by the simultaneous obligation in sec.10(3)(c) that no tree containing a koala may be cleared, which in practice requires human intervention to locate koalas before clearing."},{"type":"impossible_compliance","section":"sec.13","severity":"medium","reasoning":"Damage mitigation permits exist precisely to allow property owners to lawfully manage animals that cause damage. By categorically prohibiting their grant for koalas, the plan removes any administrative pathway for legal mitigation of koala-caused damage. This creates a situation where a landholder suffering real damage has no available permit remedy, which may in practice incentivise unlawful conduct contrary to the plan's conservation aims.","confidence":0.7,"description":"Section 13 prohibits the chief executive from granting a damage mitigation permit for koalas, but koalas are a protected species whose populations the plan aims to maintain. A blanket prohibition on damage mitigation permits means there is no lawful mechanism under this plan to manage situations where koalas cause genuine agricultural or infrastructure damage, potentially forcing landholders to act unlawfully or leaving them without a legal remedy."},{"type":"other","section":"sec.16(2)(b)","severity":"medium","reasoning":"Under s16(1), releasing a wild-caught koala requires either return to its prescribed natural habitat or satisfaction of the full 'prescribed release conditions' (habitat suitability, genetic compatibility, research nexus, recapture provision). Under s16(2), a captive-bred koala can be released merely on general survivability grounds (s16(2)(b)), without any of those additional safeguards. Paradoxically, a koala that has never lived in the wild receives weaker release protections than one that has, which is contrary to sound conservation logic and the plan's stated purposes.","confidence":0.78,"description":"A captive-bred koala may be released into the wild by research permit if the chief executive is 'otherwise reasonably satisfied the koala is capable of surviving in the wild,' with no requirement that the release location be suitable koala habitat or that genetic compatibility be assessed. This creates a lower bar for releasing captive-bred koalas than wild-caught koalas."},{"type":"other","section":"sec.19","severity":"low","reasoning":"The Division 1 transitional provisions governed the transition from the expired pre-2017 conservation plan. By the time the 2020 amending regulation inserted s19, those provisions had already served their purpose. Legislating a retrospective expiry date for provisions that were already spent is a minor but identifiable drafting absurdity.","confidence":0.72,"description":"Section 19 provides that Division 1 of Part 5 'stops having effect on 7 February 2020,' but this self-expiry clause was inserted by a 2020 amendment. The transitional provisions in that Division (sections 17 and 18) concern the commencement of the 2017 plan, meaning they became spent well before the 2020 amendment even inserted the expiry date. The expiry provision is therefore redundant at the moment of its enactment."},{"type":"impossible_compliance","section":"sec.16(3)(b)(i)","severity":"medium","reasoning":"No ecological research can establish with certainty that an introduced animal will not adversely affect any species in a habitat. The standard — while presumably intended to mean 'no significant adverse effect' — as literally drafted sets an unachievable evidentiary bar. This could be used to refuse all research permits for captive-bred koala releases, frustrating a key conservation and research tool.","confidence":0.68,"description":"A prescribed release condition requires research to show that releasing a koala 'will not adversely affect any species of wildlife in the habitat.' This requires certainty about a future ecological outcome, which is scientifically impossible to guarantee. Framed as a condition precedent to granting a permit, it could render the research permit pathway for captive-bred koala release effectively unusable."}],"contradictions":[{"severity":"low","section_a":"sec.4(1)(a)","section_b":"sec.13","confidence":0.55,"description":"The plan's primary purpose is to 'promote the continued existence of viable koala populations in the wild,' yet s13 categorically prohibits the chief executive from granting harvesting licences, dealer licences, standard licences, specialised licences and advanced licences for koalas. While individually defensible, the blanket prohibition on all these authorities forecloses conservation-oriented licensing arrangements (e.g., captive breeding programs managed under dealer or advanced licences) that could directly serve the stated purpose."},{"severity":"low","section_a":"sec.7A(3)","section_b":"sec.7A(4)","confidence":0.58,"description":"Section 7A(3) sets the substantive criterion for designating a koala priority area as whether 'conservation efforts should be prioritised in the area to ensure the conservation of viable koala populations.' Section 7A(4) then requires the chief executive to have regard to 'biophysical measures and suitability of vegetation.' The two criteria are not aligned: an area could score highly on biophysical and vegetation criteria but not warrant prioritisation on conservation grounds, and vice versa. The relationship between the mandatory consideration in (4) and the satisfaction threshold in (3) is unclear, creating potential for inconsistent decision-making."},{"severity":"high","section_a":"sec.15(1)","section_b":"sec.16A(3)(a)","confidence":0.8,"description":"Section 15(1) restricts rehabilitation permits to release koalas only into their 'prescribed natural habitat.' Section 16A(3)(a) then requires release 'as close as practicable to the place where the koala was taken.' If a koala's prescribed natural habitat has been destroyed or is no longer suitable (e.g., due to clearing), these two requirements may be simultaneously unsatisfiable: the closest available location may not be prescribed natural habitat, yet release outside prescribed natural habitat is prohibited by s15(1). Section 16A(3)(b) and (c) subordinate the proximity requirement to survivability and population impact criteria, but cannot override the s15(1) prohibition on release outside prescribed natural habitat."},{"severity":"medium","section_a":"sec.14","section_b":"sec.16(2)(b)","confidence":0.7,"description":"Section 14 prohibits any animal authority other than a rehabilitation permit or research permit from authorising release of a captive-bred koala into the wild. Section 16(2)(b) allows a research permit to authorise release of a captive-bred koala if the chief executive is 'reasonably satisfied the koala is capable of surviving in the wild,' with no requirement for a research nexus in that sub-limb. This creates an anomaly where a research permit can effectively be used as a general release authority for captive-bred koalas, bypassing the stricter purposes for which research permits are designed."},{"severity":"medium","section_a":"sec.10(3)(a)","section_b":"sec.10(3)(b)","confidence":0.63,"description":"Sequential clearing condition (a) requires clearing to proceed in stages with overnight breaks to allow koalas to evacuate 'without human intervention.' Condition (b) simultaneously requires that 'appropriate habitat links are maintained within the clearing site' throughout the clearing process. On a small clearing site, maintaining internal habitat links while progressively staging the clearing may be geometrically impossible — particularly when the per-stage clearance permitted under (a)(ii) could consume all viable linkage corridors within the site before the next stage."},{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.6(2)","confidence":0.75,"description":"Section 8(1) requires the Koala Conservation Plan Map to show each koala district, while s6(2) provides that for a koala district that includes only part of a local government area, the boundary is determined by reference to what the Map shows. This is circular: the Map must show the districts (s8), but the district boundaries are defined by what the Map shows (s6(2)), meaning the Map both creates and reflects the boundaries it is required to depict."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument has expanded from a general conservation plan into a rule‑set that both (a) creates legally significant spatial designations and an administratively maintained official map, and (b) imposes detailed operational controls on clearing and on licences/permits for koalas. Compared with a broad-purpose plan, this version adds concrete procedural obligations (sequential clearing rules, koala spotter requirement), tighter prohibitions on granting many kinds of animal authorities and specific conditions on rehabilitation and research releases, and it formalises owner-request and transitional processes (see s 4, s 7A–7C, s 8–11, s 13–16, s 16A). Those additions increase the plan’s regulatory bite and the direct effect on land use and wildlife licensing beyond a purely high‑level conservation statement."},"complexity_factors":["Multiple cross-references to external instruments (Nature Conservation (Animals) Regulation 2020; Planning Regulation 2017; Environmental Offsets Act 2014)","Chief executive discretion with substantive criteria but broad evaluative language (s 7A, s 7B)","Detailed operational rules for clearing with numerical thresholds and staged limits (s 10)","Additional procedural requirement (qualified ‘koala spotter’) with a non-exhaustive qualification description (s 11)","Prohibition on multiple licence types and conditional permit exceptions—several interlocking restrictions (s 13–16, s 16A)","Transitional provisions adopting pre-existing maps and determinations (s 17–21)","Public-map maintenance duty plus availability requirements (s 8–9)","Owner-request and decision/notice process with approved-form requirement and information-notice consequence (s 7C)"],"plain_english_summary":"**What this plan does (mechanics)**\n\n- Establishes statewide koala management zones by dividing Queensland into three koala districts (A, B and C) and sets a general conservation objective for each district (to maintain viable wild koala populations and prevent habitat decline) (s 4, s 6, s 7).\n\n- Gives the department head (the chief executive) power to formally declare smaller areas within those districts as either **koala priority areas** (where conservation effort is to be focused) or **koala habitat areas** (areas identified as essential koala habitat) and requires those decisions to be shown on an official map (s 7A, s 7B, s 8).\n\n- Requires the Koala Conservation Plan Map to be publicly available online and at department offices (s 9), and automatically adopts an existing map as the official map on commencement or transition days (transitional provisions s 17, s 20, s 21).\n\n- Imposes specific rules about clearing native vegetation where koalas live:\n  - In districts A and B, clearing of koala habitat trees must follow “sequential clearing” procedures to give koalas time and routes to leave the area (detailed staged limits and night-time pauses) (s 10).\n  - In declared koala habitat areas, clearing of trees with trunks >10 cm must be done in the presence of a qualified “koala spotter” whose primary job is to locate koalas (s 11).\n  - Both provisions sit in addition to other clearing rules under other Acts (s 10(2), s 11(3)).\n\n- Limits the types of animal licences and permits that may be granted for koalas:\n  - The chief executive must not grant ordinary commercial or keeping licences and certain other authorities for koalas (list at s 13).\n  - Releases of captive-bred koalas into the wild are tightly controlled: most release authorities are disallowed except in limited rehabilitation or research circumstances, and such releases are subject to conditions (s 14–s 16, s 16A).\n\n- Provides an owner (or a person on the owner’s behalf) a formal process to ask the chief executive to make, amend or revoke a koala habitat-area determination for their land; the chief executive must decide and notify, and must provide a map when approving (s 7C).\n\n- Sets penalties for breaches of the clearing and spotter requirements (maximum 120 penalty units) (s 10, s 11).\n\n\n**Who this affects and who decides**\n\n- The chief executive (department head) is the central decision-maker: they determine koala priority areas and koala habitat areas, prepare and amend the official map, and decide requests from landowners (s 7A–7C, s 8).\n\n- Landowners, developers and anyone carrying out vegetation clearing must comply with staged clearing rules in districts A and B and use a koala spotter in declared koala habitat areas (s 10, s 11). Landowners also bear the administrative step of applying (in an approved form) if they want a determination made or changed for their land (s 7C).\n\n- Rehabilitation centres, wildlife carers and researchers are affected by tighter restrictions on releasing koalas to the wild and by additional permit conditions about where released koalas may be placed (s 14–16, s 16A).\n\n\n**Why it matters (official purpose and practical consequences)**\n\n- The plan’s stated purpose is to promote the continued existence of viable wild koala populations and to prevent the decline of koala habitats (s 4).\n\n- Operationally, the plan translates that purpose into three main levers:\n  1. Spatial designation via districts, habitat areas and priority areas, plus publication of an official map (s 6–9). This changes the legal geography for planning and clearing decisions.\n  2. Direct regulatory controls on how and when vegetation may be cleared where koalas are present (s 10–11). These impose procedural and timing constraints on clearing operations.\n  3. Tight restrictions on permits and licences that would allow keeping, breeding or releasing koalas into the wild (s 13–16, s 16A). These restrict commercial and some rehabilitation/release activities.\n\n\n**Costs, incentives and trade-offs (practical testing of the stated purpose)**\n\n- Who pays: compliance costs fall mainly on landowners and developers who must change clearing methods (longer jobs, staged clearing, employ spotters), and on wildlife carers and researchers subject to stricter permitting and release conditions (s 10–11, s 13–16).\n\n- Who decides: a concentrated executive power sits with the chief executive to make habitat and priority area determinations and to update the official map; those decisions have immediate legal effect and can alter land-use constraints (s 7A–7C, s 8).\n\n- Time and transaction costs: staged clearing increases the duration and potentially the cost of clearing projects (s 10). Requiring an approved-form application to seek or change a habitat determination (s 7C) creates an administrative path but also potential delay.\n\n- Enforcement risk and compliance burden: the plan relies on field verification (koala spotters) and the chief executive’s assessment of ecological information (“reasonably available” information) to make habitat determinations (s 7A(4), s 7B(4), s 11). That raises implementation risk where data are limited or qualifications for spotters are not tightly prescribed.\n\n- Trade-offs to private activity: restrictions on licence types and releases reduce options for commercial keeping, breeding and translocation of koalas (s 13–16), shifting more emphasis to in situ conservation (protecting habitat rather than augmenting populations via captive-breeding releases).\n\n- Offset and land-use interplay: impacts on declared koala habitat areas may trigger offset conditions under the Environmental Offsets Act (cross-reference at s 7B(1)), which can shift mitigation costs and land-management obligations.\n\n- Substitution effects: where clearing is restricted in declared areas or districts A/B, proponents may seek to clear outside those areas or change development footprints; the plan does not eliminate development but changes where and how it can occur (s 10–11, s 7B).\n\n\n**Implementation and legal interactions**\n\n- The plan cross-references other instruments (Nature Conservation (Animals) Regulation 2020, Planning Regulation 2017, Environmental Offsets Act 2014), so effects on development approvals and offset obligations will flow from how those instruments interact (s 5, s 7A(2), s 7B(1)).\n\n- The chief executive must keep the Koala Conservation Plan Map current and publicly available, and must amend it when determinations change, so land-use constraints can change over time as the map is updated (s 8–9).\n\n\n**Concrete behavioural effects (summary)**\n\n- Clearing contractors must stage clearing in districts A and B, allow night/day pauses and preserve habitat corridors; they must not cut trees occupied by koalas (s 10).\n- In koala habitat areas, contractors must use qualified koala spotters for trees over 10 cm diameter (s 11).\n- Owners may apply for determinations about their land, but the chief executive has final say (s 7C).\n- Licence applicants for keeping, breeding or releasing koalas face stronger prohibitions and conditions (s 13–16, s 16A).\n\n\n**Key sections to check if you need to act**\n\n- Map, district and public access: s 6–9\n- How areas are declared and reviewed: s 7A–7C\n- Clearing rules and penalties: s 10–11\n- Licence and release restrictions: s 13–16 and s 16A\n- Cross-references to planning and offset regimes: s 5, s 7A(2), s 7B(1)\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-koala-conservation-plan-2017","history":"/api/acts/nature-conservation-koala-conservation-plan-2017/history","analysis":"/api/acts/nature-conservation-koala-conservation-plan-2017/analysis","conflicts":"/api/acts/nature-conservation-koala-conservation-plan-2017/conflicts","importantCases":"/api/acts/nature-conservation-koala-conservation-plan-2017/important-cases","documents":"/api/acts/nature-conservation-koala-conservation-plan-2017/documents"}}