In November 2020, the NSW Government announced plans to revert to operations under the former State Environmental Planning Policy No. 44 - Koala Habitat protection (SEPP 44) while a new policy is developed in 2021 that would protect koalas and the interests of farmers.
The State Environmental Planning Policy (Koala Habitat Protection) 2020 commenced on 30 November 2020 to replace and repeal the State Environmental Planning Policy (Koala Habitat protection) 2019 (2019 Koala SEPP).
The Koala SEPP 2020 replicates the objectives and provisions of SEPP 44, which was in force from 1995 through to 2019.
- Provides a framework for councils to prepare a strategic koala plan of management that would apply to the whole or part of a local government area.
- Applies to development applications on land over one hectare in a relevant LGA.
- Requires development applications to be consistent with a council strategic koala plan of management that applies to the land, or, if there is no strategic plan, sets out a two-step process to determine if the land is core koala habitat and if it is, produce an Individual Koala Plan of Management before council can grant consent to a development application.
- Exempts clearing of vegetation from the application of the SEPP if the purpose of the clearing is to maintain an Asset Protection Zone as part of rebuilding a dwelling destroyed or damaged by bushfire and allows the dwelling to be sited anywhere on the lot.
- Saves all Koala Plans of Management approved under SEPP 44 and 2019 Koala SEPP.
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Page last updated: 30/11/2020