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Proposed Changes to Queensland’s Koala Legislation

Market Insights

On 23 December 2025, the Queensland Government released a discussion paper titled A fresh start for South East Queensland koalas: Developing a new South East Queensland Koala Conversation Strategy 2026-2036 (Strategy) for public consultation.

The Strategy is intended to replace the earlier South East Queensland Koala Conservation Strategy 2020-2025, with the Minister seeking feedback from industry on it, including the proposed conservation focus areas, a revised strategy timeframe of 10 years, and amendments to the relevant statutory instruments which govern the protection of Koala Habitat throughout South East Queensland.

Focus Areas

The Strategy outlines four (4) key focus areas which will inform the relevant conservation targets and the proposed legislative amendments.  Specifically, they consist of the following:

  1. protecting and restoring habitat;
  2. reducing threats;
  3. working together; and
  4. enhancing monitoring, reporting and mapping.

The Strategy does not explicitly talk about how the key focus areas will impact on industry, however it does include commentary that provides an insight into the potential for benefits to industry.

By way of example, it is acknowledged that it presents an opportunity for State and National governments to align their various vegetation offset requirements, which would undoubtably provide a level of consistency and predictability around offsets, as well as additional opportunity for the State to ensure that local governments are likewise aligned.  The process associated with the Strategy is open for public comment, thus giving industry an opportunity to be heard, and to ensure that the practicalities of the Strategy are properly considered.  In this regard, the State has said that feedback is particularly encouraged from stakeholders on an updated mapping methodology and improved habitat reporting.

Legislative Amendments

Feedback about the proposed legislative amendments that were put forward in the 2024 Decision Post Implementation Impact Analysis Statement: Improving South East Queensland’s Koala habitat regulations (IAS) is also invited.

In terms of the proposed amendments, the IAS outlines the following proposed amendments to the Planning Regulation 2017 (Qld) and supporting information for feedback:

  • Updated thresholds: The existing thresholds for exempted clearing are to be updated such that a landowner is able to clear 500m2 for lots 1ha or less (being the current exemption), and 800m2 for lots 1ha or greater.
  • Partial exemptions: Clarification will be provided regarding where interference occurs that exceeds a threshold, assessment is not solely limited to the extent of interference that exceeds the threshold, but rather the total area of the interference.
  • Consequential interference: Where consequential interference (eg a fence or road) is required as part of a development and falls within an exemption, this will still be assessed as part of the development application.
  • Restriction on cumulative exemptions: Restrictions will be implemented to limit the use of several exemptions cumulatively.
  • Parent and Child Lots: Clarity will be provided that a Reconfiguration of a Lot (ROL) cannot be used to generate additional habitat interference by applying the exemption to new lots arising out of an approval for an ROL.
  • Vegetation categories: Amendments will be implemented to ensure consistency across all vegetation categories where exemptions are applied.
  • Koala safe movement: A new definition for ‘Koala Safe Movement’ is proposed.
  • Fire management: Clarification that clearing exemptions for multiple purposes cannot be joined and that fire management exemptions only apply to existing infrastructure.

Additional amendments which are of note include the following:

  • Where a Material Change of Use (MCU) or ROL approval is obtained, and where a subsequent operational works (OPW) approval would currently be required, the assessment of the OPW matters will be incorporated as part of the MCU or ROL application and therefore, providing the proposal is maintained as consistent with the MCU or ROL approval, a subsequent OPW application will not be required.
  • Additionally, where a subsequent application is required and it is consistent with an approval in effect for an earlier stage of a development, then it may be accepted even where it has become prohibited (eg due to a mapping change).
  • Clarity will be provided that building and plumbing works do not require an additional development application.

As you would expect, the Strategy and IAS  talk about the  proposed amendments at a high level, and therefore it will be necessary to consider the detail in the actual amendments as well as any supporting documents, to better understand the amendments and to ensure that they are consistent with the position of the State set out in the Strategy.

Submissions about the Strategy may be made up to close of business on 15 March 2026.

We will monitor the government’s implementation of the proposed legislative amendments, and keep you updated on any important matters.

This article was written by Peter Bittner, Partner, Chris Haywood, Senior Associate, and Jeremiah Woolcock, Law Clerk.

Important Disclaimer: The material contained in this publication is of general nature only and is based on the law as of the date of publication. It is not, nor is intended to be legal advice. If you wish to take any action based on the content of this publication we recommend that you seek professional advice.

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