sec.7BKoala habitat areas

sec.7B Koala habitat areas

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. 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. 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. s 7B ins 2020 SL No. 9 s 18 amd 2023 SL No. 77 s 33 (sec.7B-ssec.1) The chief executive may determine that an area in a koala district is a koala habitat area . (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. (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. (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. (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.

• 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 .