The Koala SEPP & the BC Act: How to Avoid DA Delays in NSW

For a lot of proposed developments in the eastern half of NSW, the Koala (Phascolarctos cinereus) is a key consideration. Navigating your legal obligations for this threatened species can be a minefield of overlapping legislation.

Two key laws cause the most confusion:

1. The Koala Habitat Protection SEPP (Chapter 4 of the Biodiversity and Conservation SEPP 2021)

2. The Biodiversity Conservation Act 2016 (BC Act)

Understanding how they interact is key to avoiding DA delays and commissioning the right level of assessment for your project.

H2: How to Comply with the Koala SEPP (and When it Doesn't Apply)

The Koala SEPP provides a specific framework for assessing Koala habitat and the triggers and assessments that are required to satisfy the SEPP. However, it is not a one-size-fits-all rule. The most important, and often misunderstood, part of this law is the 1-hectare threshold.

The development assessment process under the Koala SEPP (Section 4.9) only applies to land that has an area of at least 1 hectare.

• Case Study: In a recent Flora and Fauna Assessment for a residential DA in Palm Beach, our first step was to check this threshold.

• The Finding: The lot size was significantly less than 1 hectare.

• The Result: We concluded that whilst there are potential Koala feed trees present, the Koala SEPP assessment process was "not triggered". This vital distinction saved the client from an unnecessary, costly, and time-consuming assessment they did not legally require. The presence of Koala feed trees and the significance of the impact of their proposed removal was assessed separately using in accordance with Section 7.3 of the BC Act - the Test of Significance.

H2: How to Comply with the Biodiversity Conservation Act (The Law That Always Applies)

This is the critical part: just because the Koala SEPP doesn't apply, it does not mean you can ignore Koalas.

The Koala is a threatened species listed under the Biodiversity Conservation Act 2016, and this law applies to all development.

• Case Study: The Palm Beach site contained Corymbia maculata (Spotted Gum), which is a recognised Koala food tree.

• The Requirement: Because the project proposed removing these trees, a threatened species assessment was required under the BC Act.

• Our Action: We completed a formal Assessment of Significance (s.7.3 of the BC Act) for the Koala. Our expert assessment concluded the proposal was unlikely to have a significant impact.

This is the value of expert advice. We prevented over-assessment under the SEPP while ensuring 100% compliance under the BC Act and providing the consent authority with robust, reliable information upon which to form their determination.

H2: Get the Right Ecological Assessment for Your DA

Navigating NSW's environmental legislation is complex, but it's what we do every day. Whether you're planning a small addition or a large subdivision, you need an ecological consultant who knows the rules.

Contact Ecological Solutions for a pre-DA ecological assessment and get the clarity you need to move your project forward.