sch.10-sec.16BAssessable development—development interfering with koala habitat in koala habitat areas outside koala priority areas

sch.10-sec.16B Assessable development—development interfering with koala habitat in koala habitat areas outside koala priority areas

Development is assessable development to the extent the development involves interfering with koala habitat in an area that— is a koala habitat area; but is not a koala priority 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 16B ins 2020 SL No. 9 s 31 (sch.10-sec.16B-ssec.1) Development is assessable development to the extent the development involves interfering with koala habitat in an area that— is a koala habitat area; but is not a koala priority area. (sch.10-sec.16B-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.

• (a) is a koala habitat area; but
• (b) is not a koala priority area.
• (a) is exempted development; or
• (b) is assessable development under section 16C ; or
• (c) is in an identified koala broad-hectare area and is— (i) 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 (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or
• (i) 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