13441 SARA Concurrence · OPW16/0125

Page 2

                                                                                            SPL-0516-030663
Aspects of development and type of approval being sought

 Nature of                                                    Brief Proposal of
                            Approval Type                                                  Level of Assessment
 Development                                                  Description
                                                              Operational Work – Tidal
 Operational Work           Development Permit                Works (Pontoon for private   Code Assessment
                                                              use)

Referral triggers

The development application would be referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger:                 Schedule 7, Table 2, Item 15 — Tidal Works
                                  Schedule 7, Table 2, Item 13 — Tidal Works

Documents supplied to support request


                                                                                           Version and
Plan / Report title                        Author                      Reference no.
                                                                                           date
Site Plan, Elevation and                   Superior Jetties            13441               D01
General Notes                                                                              13/04/2016

Conditions
Under section 287(1) (a) of the Sustainable Planning Act 2009, the department requires
that the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required to
set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Pursuant to section 272(3) of the Sustainable Planning Act 2009, you will not be required to
refer your application to the department if you submit this response in its entirety when
making the application to the assessment manager, and the following conditions are
satisfied:
 Any changes to the proposal before the application is made to the assessment manager
    do not result in a substantially different development to that which was presented to the
    department with the request for a referral agency response
 The development application must be made to the assessment manager within 12
    months of the date of this referral agency response.

If you require any further information, please contact Gabriel Escobar, Planning Officer, on
3432 2408 or via email [email protected] who will be pleased to assist.




Department of Infrastructure, Local Government and Planning                                    Page.2

Page 3

                                                                   SPL-0516-030663




Yours sincerely




Garth Nolan
Manager Planning

enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Attachment 3—Approved plans and specifications




Department of Infrastructure, Local Government and Planning           Page.3

Page 4

                                                                                     SPL-0516-030663




Our reference:       SPL-0516-030663


Attachment 1—Conditions to be imposed


No.        Conditions                                                        Condition timing
Development Permit for Operational Work- Pontoon and Deck
Schedule 7, Table 2, Item 15 – Pursuant to section 255D of the Sustainable Planning Act
2009, the chief executive administering the Sustainable Planning Act 2009 nominates the
Director-General of the Department of Department of Transport and Main Roads to be the
assessing authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following condition(s):
General
           The development must be carried out generally in
           accordance with the following plans:
1.                                                                           At all times
                    Site Plan, Elevation and General Notes Superior
                     Jetties, 13/04/2016, 13441.
Tidal Works
           The structure must be lit/marked in accordance with the
           following specifications, such that it does not cause a risk to
1.         the safe navigation of other ships:                               At all times
                     section 3 of AS4282-1997 Control of the obtrusive
                      effects of outdoor lighting
           The construction, operation or maintenance of the structure,
           and any ship berthed, moored or attached to the structure,
           must not:
2.                                                                           At all times
                     encroach into, pass over or under a navigation
                      corridor; or
                     be located in a high risk maritime zone
           Any debris or similar obstruction generated whilst
                                                                             While works are
3.         undertaking the work must be removed from the waterway
                                                                             occurring
           and suitably disposed of at the applicant’s expense.
                                                                             Prior to the
           All piles and/or structures to be demolished, both above
                                                                             completion of the
4.         and below the waterline must be completely
                                                                             works
           extracted/removed.

Schedule 7, Table 2, Item 13 – Pursuant to section 255D of the Sustainable Planning Act
2009, the chief executive administering the Sustainable Planning Act 2009 nominates the
Director-General of the Department of the Department of Environment and Heritage
Protection to be the assessing authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the
following condition(s):
           All works to be constructed and maintained in a safe
           condition in accordance with the plans/drawings listed on
5.                                                                           At all times
           the Owner’s consent notice provided by the Department of
           Environment and Heritage Protection




Department of Infrastructure, Local Government and Planning                            Page 4

Page 5

                                                                                   SPL-0516-030663




No.        Conditions                                                      Condition timing
           The works to which this approval relates are to be for a
6.                                                                         At all times
           private purpose only.

           Any operator and contractor involved in the works to which
           this approval relates must:
                a) be provided a copy of the these referral agency
                   conditions;                                             During
7.
                b) install all measures, plant and equipment necessary     construction
                   to ensure compliance with the conditions; and
                c) operate such measures, plant and equipment in a
                   proper and efficient manner.

           For the proposed works only use materials which are free
                                                                           During
8.         from contaminants as defined under section 11 of the
                                                                           construction
           Environmental Protection Act 1994.
           Should the works become damaged as a result of erosion,
           flooding or storm tide inundation, the registered
9.                                                                         At all times
           landowner(s) of the subject land shall be responsible for the
           removal of all debris at their own expense.




Department of Infrastructure, Local Government and Planning                          Page 5

Page 6

                                                                              SPL-0516-030663




Our reference:      SPL-0516-030663


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To ensure the development is carried out generally in accordance with the plans of
   development submitted with the application
 To ensure that at all times, all lights on or above the development site do not interfere
   with safe navigation in surrounding waterways.
 To ensure the development does not encroach on the navigation corridor or high risk
   maritime zone to ensure the safe passage of vessels.
 To ensure that debris from the development does not create a hazard to navigation.
 To ensure that there is no residual material that could create a hazard to navigation.
 Development works must comply with the approved plans to avoid unacceptable impact
   on coastal values and physical coastal processes. RPEQ signoff indicates the
   development is appropriately designed and is structurally sound.
 Ensures that the coastal resource (State land) is appropriately administered under the
   Coastal Protection and Management Act 1995 and the Land Act 1994.
 Ensures impacts on coastal values (water quality) are avoided or minimised.
 Ensures importation of materials does not result in adverse impacts on coastal values.
   Chemical and other contaminants have the potential to have an unacceptable impact on
   coastal values.
 Damaged structures can impact on coastal resources and public safety.




Department of Infrastructure, Local Government and Planning                    Page 6

Page 7

                                                              SPL-0516-030663




Our reference:      SPL-0516-030663

Attachment 3— Approved plans and specifications




Department of Infrastructure, Local Government and Planning    Page 7