Proposed changes to Queensland's koala framework

Practical implications for land use, development rights and project planning 7 min read

Consultation is now open on the development of a new South East Queensland Koala Conservation Strategy and on proposed changes to the existing koala planning regulation. These reforms have the potential for material implications for landowners and developers, particularly where changes to koala habitat mapping or regulatory settings affect land use, development rights or project feasibility.

In this Insight, we highlight the proposed reforms and explain some practical implications for land use, development rights and project planning.

Existing situation

The koala continues to be under threat in South East Queensland, with this region being home to the largest number of koalas in the state and also subject to pressure for increased land access for housing supply to meet continued population growth.

In recognition of the koala's vulnerability, it is listed as endangered at the state level under the Nature Conservation Act 1994 and at the national level under the Environment Protection and Biodiversity Conservation Act 1999.

At the state level, development of land mapped as koala habitat in South East Queensland is regulated through the Planning Act 2016, the Planning Regulation 2017 (Planning Regulation), the Nature Conservation (Koala) Conservation Plan 2017 and State Code 25: Development in South East Queensland koala habitat areas.

When the South East Queensland Koala Conservation Strategy 2020-2025 was released in August 2020, it was said to include the strongest koala protections Queensland had ever seen, and was preceded in February 2020 by changes to the Planning Regulation, which prohibited development in koala habitat areas that were also mapped as koala priority areas, and regulated development in other koala habitat areas.

The consultation on the new Strategy is at an early stage, with the public being asked to provide feedback about the timeframe for the new Strategy, how the new Strategy can protect koala habitat while also providing access to land for housing, the setting of habitat targets, the options available for threat mitigation, the opportunities for working with the community and the ability to improve data sources and mapping. The consultation on the proposed changes to the existing koala planning regulation is more advanced and is based on work done in 2024.

Overview of the Discussion Paper

The Discussion Paper, A fresh start for South East Queensland koalas Developing a new South East Queensland Koala Conservation Strategy 2026-2036, was released on 23 December 2025. While the Discussion Paper is limited on detail, it does identify some important changes.

Changes are proposed to the existing koala habitat maps. There is limited information about the nature of the proposed changes, however, it is acknowledged that this work, together with monitoring and reporting, will 'inform strategic planning for housing, critical infrastructure, environmental offsets and habitat restoration initiatives' (p 14, Discussion Paper). This underscores that any changes made to the mapping have the potential to impact land use and development rights. Feedback is sought on what should be considered in a review of the koala habitat map methodology and the opportunities to improve mapping at the local or property level.

Changes are also proposed to the existing koala planning regulation based on a review completed in 2024. The stated purpose of these changes is to make the regulations easier to understand and to reduce regulatory complexity and unnecessary burden (p 6, Discussion Paper); ie to simplify the regulatory framework. Feedback is sought about the level of support for the 2024 review proposals and whether there are other parts of the koala habitat regulatory framework that could be amended to protect koala habitat and improve access to housing. These changes are discussed further below.

One of the focus areas in the Discussion Paper is protecting and restoring habitat. The new Strategy provides opportunities for 'more strategic, landscape-scale planning of habitat restoration' (p 8, Discussion Paper) and better monitoring of projects. An opportunity is identified to better align Queensland and national koala offset requirements, which could include greater incentives for land-based offsets rather than financial contributions. It is also proposed to improve the guidance provided to support assessment of performance outcomes and conditioning of offsets for significant residual impacts under State Code 25. No details are provided about these matters.

The Minister's message (p 3, Discussion Paper) also refers to the following opportunities that are not further developed in the Discussion Paper:

• the creation of targeted conservation corridors
• setting aside land to expand the private protected area estate
• unlocking the Queensland Government Offset Account.

Proposed regulatory changes

The starting point for regulatory change is to revisit the Decision Post Implementation Impact Analysis Statement Improving South East Queensland's Koala habitat regulations completed in May 2024 (2024 Decision Post IAS). On the agenda are also changes to State Code 25 and the guidance material.

The Discussion Paper states that the intention is 'to clarify the intent of the existing regulations, rather than introducing new requirements and [the proposed regulatory changes] are not expected to have an impact on dwelling supply or housing costs' (p 20, Discussion Paper).

In summary, the proposed regulatory changes from the 2024 Decision Post IAS relate to the following matters:

• A landowner will be able to clear an area of less than 500m² for lots of 1 ha or less (the current exemption) and clear an area of less than 800m² for lots greater than 1 ha (a new exemption) for any purpose.
• The ability to take advantage of a partial exemption will be removed so that the total area of interference with koala habitat must be considered to determine whether development will be classified as prohibited, assessable or exempt.
• In assessing a development application, the impact of any consequential clearing under an exemption to implement the development (eg clearing required for the construction of a road, fence or firebreak) will be taken into consideration.
• To reduce duplication, if a material change of use or reconfiguring a lot is approved, a subsequent operational work application will not be required where it is consistent with the earlier approval. Also, subsequent development applications may be made where the development is consistent with an approval in effect for an earlier stage of development, so as to avoid, for example, subsequent development applications becoming prohibited due to a mapping change.
• The ability to use several exemptions cumulatively, including through interactions with the vegetation management framework (referred to as 'stacking' exemptions) will be reduced.
• There are changes proposed to fire management exemptions which clarify that clearing exemptions for multiple purposes cannot be joined to create larger clearing widths and that fire management exemptions only apply to existing infrastructure.
• Reconfiguring a lot to create a child lot from a parent lot will not permit additional habitat interference rights by applying exemptions.
• The provisions for broad-hectare areas will be limited to sites that are identified for urban purposes.
• Consistency will be provided for the use of exemptions across all vegetation categories.
• A new definition is proposed for koala safe movement.

One of the recommendations of the 2024 Decision Post IAS was for a landowner to provide a mandatory notification when clearing under an exemption. Due to stakeholder opposition, the notification requirement will not be progressed.

Overall, the proposed regulatory changes will impact the availability of exemptions. It will, therefore, be important for appropriate transitional provisions to be put in place. Further, the drafting of the amendments is likely to be complex, with a heightened risk of unintended consequences.

Next steps

The consultation period for the Discussion Paper commenced on 23 December 2025 and will close on 15 March 2026. In particular, landowners and developers should take the opportunity to carefully consider the implications of the regulatory amendments in the 2024 Decision Post IAS and provide feedback about whether these amendments are supported.

We are able to work with landowners and developers to understand the implications of the Discussion Paper and, if necessary, to assist in preparing a submission.