NSW Government

09 March, 2021

NSW Government delivers Koala SEPP 2021

On March 9, Deputy Premier John Barilaro announced amendments to the Koala SEPP. These amendments include excluding core primary production (land zoned RU1, RU2 and RU3) from the new SEPP (Koala 2021). The Local Land Services codes (like invasive native species, continuing use, paddock trees, etc) will be amended to included robust protections relating to Koala habitat.

The current Koala SEPP will remain in place for rural zoned areas until the Codes and associated legislation have been amended and finalised. When done SEPP 2020 will be repealed.

In addition to the above, to ensure that undue regulation imposes on primary production, the following measures will be introduced:

• Koala SEPP 2019 will be remade across NSW as Koala SEPP 2021;

• The existing Koala SEPP 2020 will continue to apply in core rural zones (RU 1, 2 and 3), except in metropolitan Sydney, Blue Mountains and the Central Coast, where Koala SEPP 2021 will apply across all zones;

• Comprehensive Koala Plans of Management (KPOM) will be finalised to protect koala habitat in Tweed and Byron Shires.

• Private Native Forestry (PNF) and Local Land Services (LLS) codes will be revised to ensure robust protections for koalas in areas of high value koala habitat and certainty and consistency for primary producers;

• The Minister for Planning will issue a new section 9.1 direction to ensure that only the Minister, and not councils, will be empowered to rezone land used for primary production to an environmental zone, or to rezone land currently in rural zones 1, 2 and 3 to other rural zones;

• Once the codes are finalised and reflected in legislation (as required), the Koala SEPP 2020 will be repealed and the Koala SEPP 2021 will apply to the remaining land;

• At that time, dual consent provisions for PNF in local environmental plans will be removed through Koala SEPP 2021;

• Koala Plans of Management and guidelines under Koala SEPP 2021 will require the approval of the Secretary of DPIE and the concurrence of the Secretary of DRNSW.

Point number five suggests that re-zoning powers will be removed from councils for any re-zoning proposals which result in primary production land (RU1, RU2 and RU3) being changed to an Environmental Zone. It will also potentially stop land zoned RU1, RU2, and RU3 from being re-zoned to RU4.

Here I say 'potentially' and 'suggests' because the new Direction has not been issued yet. It wont be until we see these Directions that we will know for sure. As we know, there is a lot that happens between an announcement and it becoming 'law'.