A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Environment Protection and Biodiversity Conservation Amendment (Save the Koala) Act 2021.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act. | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Environment Protection and Biodiversity Conservation Act 1999
1 After section 18A
Insert:
18B Significant impact in relation to koalas
For the purposes of a subsection of section 18 or 18A that applies in relation to koalas, significant impact has a meaning affected by section 527G.
2 After paragraph 42(b)
Insert:
(ba) operations that have, will have, or are likely to have a significant impact on koalas; or
3 At the end of section 42
Add:
Note: For the purposes of paragraph (ba), significant impact has a meaning affected by section 527G.
4 At the end of section 139
Add:
No approvals for actions involving clearing koala habitat
(3) Despite subsections (1) and (2), the Minister must not approve an action consisting of or involving the clearing of koala habitat.
5 At the end of Division 1 of Part 23
Add:
Subdivision G—Koalas
527F Definitions relating to koalas
In this Act:
koala means a mammal of the species Phascolarctos cinereus.
koala habitat means:
(a) an area of vegetation in which koalas live and that includes a koala habitat tree; or
(b) an area of vegetation that consists primarily of koala habitat trees and which is reasonably suitable for sustaining koalas (whether or not koalas live in that area); or
(c) a partially or completely cleared area used by koalas to cross from an area mentioned in paragraph (a) or (b) to another area mentioned in paragraph (a) or (b).
An area of vegetation can include forest, woodland and scattered tree landscape, and remnant and non‑remnant vegetation in natural, agricultural, urban and peri‑urban environments.
koala habitat tree means:
(a) a tree of the Corymbia, Melaleuca, Lophostemon or Eucalyptus genera that is edible by koalas, or any other species of tree that are known koala food trees; or
(b) a tree of a type typically used by koalas for shelter, including, for example, a tree of the Angophora genus.
527G Significant impact on koalas
(1) This section applies in relation to any listed threatened species that are koalas.
(2) For the purposes of a subsection of section 18 or 18A that applies in relation to koalas, paragraph 42(ba) and any other provision of this Act that applies in relation to koalas, a significant impact on koalas includes any substantial loss of genetic diversity, or any loss of connectivity or available koala habitat, of any population of koalas such that the population is placed at greater risk of extinction.
6 Section 528
Insert:
koala: see section 527F.
koala habitat: see section 527F.
koala habitat tree: see section 527F.
significant impact, in relation to koalas: see section 527G.