Koalas as a Matter of National Environmental Significance (MNES)

Under the EPBC Act, the koala (Phascolarctos cinereus) is a listed threatened species, meaning any action that may have a significant impact on its habitat could trigger federal assessment.

Key points:

  • Koala habitat is defined as areas where koalas are known or likely to occur, and that contain food trees or support their life cycle.

  • Significant impact is determined according to EPBC Act guidelines, which consider:

    • Extent of habitat cleared or disturbed.

    • Fragmentation or isolation of remaining habitat.

    • Impact on breeding, foraging, or connectivity of koala populations.

    • Whether it affects a threatened population under federal listing.

2. When an EPBC Referral Is Required

A referral to the federal environment department (DCCEEW) is required if:

  1. The development may have a significant impact on koalas (or their habitat).
  2. The impact is not trivial or negligible—for example, clearing small isolated trees in a developed area might not trigger it, but clearing large areas of remnant woodland likely will.

Under EPBC referral guidance for ph. cinereus, clearing more than 1 hectare of known koala habitat in Queensland is often considered potentially significant, but other factors like population density, connectivity, and regional context matter.

3. Interaction With State Assessment (Queensland)

  • Queensland has its own Koala Habitat Referral guidelines and protections under the Vegetation Management Act and Planning Regulation.

  • Even if the federal EPBC trigger is borderline, the council may still require state-level koala assessments before approving a DA.

  • The council should not approve the DA if the applicant has not confirmed whether federal referral is needed.

4. Practical Takeaways

  • Any development in the Toowoomba region affecting mapped koala habitat or high-value habitat corridors should trigger an EPBC referral.

  • Developers must submit:

    • Koala habitat assessments (ecological surveys, mapping).

    • Referral documents to DCCEEW if significant impacts are likely.

  • Councils can request evidence that a referral is being made before deciding the DA.

  • If a referral is not made and the action impacts MNES, the developer.

 

5. Determining if EPBC assessment is needed

Determining whether an Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) assessment is needed for clearing koala habitat hinges on whether the action is likely to have a “significant impact” on the koala, which was uplisted to endangered in QLD, NSW, and the ACT in February 2022. 

The decision is guided by the EPBC Act Referral Guidelines for the Endangered Koala, which focus on protecting “habitat critical to the survival” of the species. 
Key Criteria for EPBC Referral 
A referral to the federal environment minister is generally required if the proposed action involves clearing that: 
  • Affects Habitat Critical to Survival: The action impacts habitat scoring 5 or more on the EPBC habitat assessment tool (Table 4 of the guidelines).
  • Clears High-Quality Habitat: The removal of 20 hectares or more of high-quality habitat (score

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     8) is highly likely to require referral.

  • Clears Moderate/Low Quality Habitat: The loss of between 2 and 20 hectares of habitat critical to survival (score 5–8) may have a significant impact, depending on the context, and likely requires referral.
  • Fragments Existing Populations: The action fragments habitat or creates barriers to movement, such as clearing that creates treeless gaps wider than 2 km.
  • Disrupts Important Habitat: Affects large, connected, or high-density habitat areas. 
The Habitat Assessment Tool 
The guidelines provide a tool to calculate a score based on: 
  1. Koala occurrence: Evidence of koalas (sightings, scats, scratches).
  2. Vegetation structure: Presence of food trees (e.g., Eucalyptus, Corymbia, Melaleuca).
  3. Habitat connectivity: Ability for movement.
  4. Key existing threats: Disease or high mortality rates. 
When Referral is Likely Unnecessary 
According to the guidelines, referral may not be necessary if: 
  • Low Impact on Poor Habitat: The clearing involves less than 2 hectares of marginal quality habitat (score 5 or less).
  • Urban Areas: In many cases, actions within established urban areas (where habitat is already highly degraded) may not trigger the act, though this is assessed case-by-case.
  • Exemptions: Actions granted an exemption, such as certain emergency bushfire clearing.
  • Small Paddock Tree Clearing: Removal of fewer than 10 individual trees, provided they are not the only dispersal link. 
Key Definitions 
  • Koala Habitat: Any forest or woodland containing species that are known koala food trees, or shrubland with emergent food trees.
  • Habitat Critical to Survival: Areas that have a high score for connectivity, food trees, or provide refuge from drought/heat.
  • Impact Area: Includes direct, indirect, and facilitated impacts (e.g., noise, dogs, increased traffic). 
Disclaimer: The EPBC Act is complex and requirements can change. Proponents should use the online Protected Matters Search Tool and consult the “Referral guidance for the endangered koala” for their specific project.