Federal Koala Listing For Qld NSW And ACT Upgraded To “Endangered”. – Environment

The Australian Minister for Environment was inaugurated on 11 February 2022
It was announced that the status for the koala would change
vulnerable to endangered underEnvironment Protection
Biodiversity Conservation and Act 1999(EPBC
Act)..

Snapshot

• The Minister announced the koala’s arrival on February 11, 2022.
  be listed as “endangered”, under the EPBC Act, which means
  The upgraded listing will apply to new projects, and more
  Stringent requirements for approval, assessment, and offset
  imposed.
• Projects that have had a determination about whether or not to proceed.
  They are considered a “controlled act” under the EPBC Act or that
  have been approved, or meet the existing requirements of the
  Changes to the EPBC Act won’t affect approvals decisions of the EPBC Act
  In the listing status for the koala.
• The Federal Minister also announced that she will be seeking
  Agreement from Queensland, New South Wales, Australia
  Capital Territory under the National Recovery Plan For the Koala
  This will have an impact on projects that have already begun the assessment
  If it is agreed, the process under the EPBC Act.

Change in listing status

The Queensland, New South Wales and Victoria Koala populations are located in Queensland, New South Wales and the
The Australian Capital Territory has been listed as
“vulnerable” since 2 May 2012.

The Minister will be responding to 2020 bushfires as part of the overall response.
Requested that the Threatened Species Scientific Committee be considered
The Minister has now announced the status for the koala.
The status of the koala population in Queensland, New South Wales
The Australian Capital Territory will also be upgraded
endangered.

A National Recovery Plan has been in effect since 2012, even though it is listed.
The koala has never been allowed to roam. As part the listing
announcement, the Minister also announced she is seeking
Australia, New South Wales and Queensland all reached an agreement
Capital Territory on a National Recovery Plan For the Koala
Through aConsultation process for the publicIn 2021.

How will the changes in listing impact existing projects

A change in the listing status of a company is allowed under s.158A EPBC Act
species that occurs after the Minister has determined if an act is allowed
You can choose to take a controlled or uncontrolled action:

• It does not alter the original “controlled” action
  Decision
• Any further approval process must be halted.
  Decision (e.g. decision (e.g.

The new listing will not affect:

• Approved projects that are not yet approved (including a decision for revoke).
  Conditions may be modified or added to
• Projects that have been determined “not to be controlled”
  “Action”; or
• For prior authorization, projects that meet the EPBC Act requirements
  Authorisations or continuations to existing lawful uses

Changes or modifications to projects in progress
Assessments or approvals will require careful consideration
Consider the impact of any change in the listing status.

How does the change in listing impact new projects

The upgraded listing will have an impact on various new projects
Particularly, these are the stages of the EPBC Act Assessment Process

• Referral stage: This is where the Minister makes a decision
  Whether the project should be subjected to an under-evaluation
  The EPBC Act and the assessment approach required;
• The assessment stage is used to determine the extent and
  Bedeutung des Einflusses;
• The decision stage determines whether a proposal has been accepted.
  Any action should be approved.
  Approval (including clearing limits and offsets).

What is the effect of a National Recovery Plan on your business?

When deciding whether or not to approve an undersigned action,
The EPBC Act requires that the Minister does not act in contradiction with a
Recovery plan.

There are no provisions in the unlike the listing event.
EPBC Act to protect an existing process against a new recovery plan
If listed threatened species or communities are identified as a
Controlling provision

The EPBC Act Referral Guidelines for the Vulnerable Koala State
These guidelines will be revised once a National Recovery Plan is in place
has been completed. We expect the Federal Ministry to provide.
More guidance on reforming the guidelines will be available in due course
Discussions are progressing to agree on the National Recovery Plan.

Strategic assessments in any of Queensland are currently underway
New South Wales, Australia Capital Territory, and possibly other locations may also be considered.
If the new National Recovery Plan is approved, it will affect.

Future approvals of bilateral agreements cannot be entered into
Unless the Federal Minister is satisfied with the provisions of the
Agreement related to a threatened species or community listed is
It is compatible with any recovery plan for this species.

This article is intended as a general overview.
guide to the subject matter It is a good idea to seek specialist advice
Discuss your specific circumstances.