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Planning Regulation 2017
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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 (sch.10-sec.16A-ssec.1) 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. (sch.10-sec.16A-ssec.2) 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.