Approvals Application Supporting Material · MCU26/0084

                                                        Noosa Harbour & Las Rias Foreshore Management Works
                                                         OFFICIAL




4 Planning and Legislative Context

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4.1 Approval Requirements
Table 4.1 presents the assessment context for the approvals being sought for the proposed works. This
has been informed by pre-lodgement with Noosa Shire Council, the State Assessment and Referral
Agency (SARA) and the Department of Environment, Tourism, Science and Innovation (DETSI).

A full set of assessment benchmark responses is provided in Annex E for the Noosa Plan 2020 and
State Development Assessment Provisions (SDAP), with summaries provided in the subsequent
sections. Assessment for Environmental Authority and Allocation of Quarry Material are also provided
below.

While the Waterway Works Code is triggered under the Noosa Plan 2020 for prescribed tidal works, the
code relates solely to access-related infrastructure (e.g. jetties, wharves, pontoons, boat ramps) and
are not applicable to the proposed works. Similarly, the Noosa Heads Local Plan applies to the
development but focuses principally upon street scape and land use, without direct application to the
proposed works.

Table 4.1 Assessment context for project approvals
Approval                          Type of development    Determining authority    Assessment requirements
Development Permit for            Code assessable        Noosa Shire Council      Noosa Plan 2020 codes:
Prescribed Tidal Works                                   (assessment manager)     • Acid Sulfate Soils Overlay Code
Development Permit for Material                          SARA (referral agency)   • Biodiversity, Waterways and Wetlands
Change of Use for Concurrence                                                         Overland Code
ERA
                                                                                  State Development Assessment Provisions:
                                                                                  • Prescribed Tidal Works Code
                                                                                  • State code 7: Maritime safety
                                                                                  • State code 8: Coastal development and
                                                                                    tidal works
                                                                                  • State code 22: Environmentally relevant
                                                                                    activities
Environmental Authority           ERA 16(1)(a)           DETSI                    Environmental Protection Act 1994 and
                                                                                  regulation
Allocation of Quarry Material              -             DETSI                    Coastal Protection and Management Act
                                                                                  1995 and regulation


4.2 Local Interests
While there is the potential for ASS to be found within the dredge shoals, pre-dredging sampling will be
undertaken to identify any potential pockets of ASS for the dredge contractor to avoid. Typically, this
has been located at depths exceeding that to which dredging would occur so the likelihood of ASS
disturbance is considered to be extremely low. Where disturbance is necessary, lime application would
be undertaken by the dredge contractor.

The dredging and placement areas are located within a riparian buffer area, with all areas below MHWS
considered part of a waterway. These are considered ecologically important areas under the Noosa
Plan but will not be subject to a significant impact due to the lack of existing marine and terrestrial
vegetation. The works will enhance local access to the foreshore and provide improved habitat
outcomes for foreshore specialist species.



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