Why Are Koalas Considered a Matter of National Environmental Significance?

Under the EPBC Act, Koalas are listed as a threatened species. This means that any action (good or bad) can have a significant impact on its habitat. A koala habitat is defined as an area that contains a food source for koalas, or supports their life cycle. Significant impact is determined by the EPBC, which considers:

  • 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.

Under What Circumstances Is an EPBC Referral Required?

A referral to the Federal Environment Department is required if the development may have a significant impact on koalas (or their habitat). 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 koalas, 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.

How Does the EPBC Act Interact With State Assessment in 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.

Practical Takeaways for the Toowoomba Region: 

  • 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, both the developer and council could face legal risk.