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2022-05-16 GC Agenda - Item 7 - Attachment 1 - Report from Marine Approval Specialists
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General Committee Agenda 16 May 2022
Attachment 1 to Item 7
OPW22/0029 – NOOSA RIVER OYSTER HABITAT
RESTORATION/ENHANCEMENT PROJECT
Assessment Manager Development Assessment
April 2022
Marine Approval Specialists
Email: [email protected]
ABN: 28 453 148 408
ACN: 658 085 913
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Section 2
Contents
1.0 Development Details................................................................................................................... 1
2.0 Overview ..................................................................................................................................... 1
3.0 Methodology & Assessment Framework .................................................................................... 1
4.0 Assessment Summary ................................................................................................................. 1
4.1 Noosaville Local Plan Code ........................................................................................................... 1
4.2 Zone Codes and Planning Scheme Policies ................................................................................... 2
4.3 Waterways Works Code ................................................................................................................ 2
4.4 Code for Assessable Development that is Prescribed Tidal Works .............................................. 3
4.5 Applicant response to QX and winter mortality disease risk ........................................................ 3
4.5.1 Literature review .................................................................................................................... 3
4.5.2 Adequacy of controls ............................................................................................................. 4
5.0 Recommendations ...................................................................................................................... 5
6.0 Appendices .................................................................................................................................. 6
Appendix 1 – Assessment Manager Approval Conditions .................................................................. 6
Appendix 2 – Code Assessments......................................................................................................... 7
1.0 Noosaville Local Plan Code ....................................................................................................... 7
2.0 Waterways works Code .......................................................................................................... 11
3.0 Code for assessable development that is prescribed tidal works .......................................... 29
Document History & Status
Revision Date Issued Approved By Date Approved Revision Type Issued To
A 26/04/2022 J. Richard 26/04/2022 Draft Kerri Coyle & Mark Lewis
File name: MAS_NC_Noosa River Oyster Restoration Project_Development Assessment
Author: Tonia Richard
Client: Noosa Council
Document Title: OPW22/0029 Noosa River Oyster Habitat Restoration/Enhancement Project Assessment
Manager Development Assessment
Document Version: Draft
Section 3
1.0 Development Details
Applicant The Nature Conservancy Limited
Application number OPW22/0029
Assessment type Code
Details Operational Works – Prescribed Tidal Works
Assessment Manager Noosa Council
Referral Agencies State Assessment and Referral Agency (SARA)
2.0 Overview
The Noosa Oyster Ecosystem Restoration/Enhancement Project (“the Project”) is a partnership
between The Nature Conservancy (TNC) and Noosa Council (NC), which aims to deliver oyster
ecosystem restoration in the Noosa River.
As per the Development Assessment Rules, NC is the Assessment Manager for the proposed works,
which form Operational Works – Prescribed Tidal Works.
NC commissioned Marine Approval Specialists (MAS) to provide an assessment of the proposed
works against the Noosa Planning Scheme (Noosa Plan 2020) and the Coastal Protection and
Management Regulation 2017 (Schedule 3 – Prescribed Tidal Works Code).
3.0 Methodology & Assessment Framework
The following methodology was used to assess the Project against the Noosa Plan 2020 and the
Coastal Protection and Management Regulation 2017:
1. Review of application documents and supporting materials
2. Assessment of the application against the Noosa Plan 2020, including
a. Noosaville Local Plan Code
b. Applicable Zone Code (if relevant), focusing on adjacent land uses given that the
works are primarily within waterbodies
c. Waterways Works Code
d. Relevant planning scheme policies
3. Assessment of the Project against the relevant provisions of the Coastal Protection and
Management Regulation 2017, including specifically Schedule 3 Prescribed Tidal Works Code
4. Technical review of application materials including marine studies, management plans and
other supporting technical information as it relates to fisheries values
4.0 Assessment Summary
The following section provides a summary of the assessment completed against each applicable
code.
4.1 Noosaville Local Plan Code
The Project requires assessment against the Noosaville local plan code, as per Part 5, Table 5.8.4 of
the Noosa Plan 2020.
Given the nature of the Project – prescribed tidal works on the seabed of the Noosa River for the
restoration of oyster reef habitats, a large portion of the Noosaville local plan code is not applicable.
Relevant provisions requiring assessment against are:
1
Section 4
- Noosa River; and
- Environment, natural resources and recreation
Given that the Project does not include commercial development, all Performance Outcomes (PO’s)
relating to Noosa River are met.
Both PO’s (PO31 & PO32) relating to environment, natural resources and recreation are relevant to
the Project and require consideration. The Project demonstrates compliance with PO31 and PO32
by:
• Demonstrably avoiding or managing significant adverse effects on relevant natural heritage
values.
• Enhancing marine habitat complexity and connectivity by restoring oyster reefs while
limiting impacts on existing recreational uses.
The Project is considered to meet the purpose and overall outcomes of the Noosaville local plan
code, therefore has been assessed as compliant with this code.
4.2 Zone Codes and Planning Scheme Policies
As the Project is wholly located within a watercourse, there were no Zone codes relevant to the
Project.
Schedule 6, Planning Scheme Policy 1 PSP1 – Preparing a well-made application is generally relevant
to the Project but does not call up specific requirements for a development of this nature. Given the
breadth of technical studies and supporting information which underpin the application, the
requirements of PSP1 should be considered satisfied.
4.3 Waterways Works Code
The Project requires assessment against the Waterways works code, as per Part 5, Table 5.8.4 of the
Noosa Plan 2020.
The Project is not located within the Noosa Waters Estate waterways, therefore all PO’s relating to
Noosa Waters Estate waterways are not applicable. Furthermore, given that Project does not
include landings, boat ramps, wharves or pontoons all PO’s relating to these items are not relevant
to the application.
The key PO’s relevant to the Project and requiring assessment against are PO7 (relating to the siting
provision) and PO9 (relating to character, amenity and access provision). The Project demonstrates
compliance with PO7 and PO9 by:
• Not proposing prescribed tidal works on the southern bank of the Noosa River and
tributaries between the Noosa Heads Lions Park and Weyba Bridge. All works are located on
the seabed and not the bank of the Noosa River and tributaries.
• Configuring the proposed load-out site at Noosaville to minimise interruption to existing
foreshore uses, primarily by allowing sufficient space for recreational boaters and
commercial companies to access the existing shoreline.
Section 5
The Project is considered to the meet the purpose and overall outcomes of the Waterways works
code, therefore has been assessed as compliant with this code.
4.4 Code for Assessable Development that is Prescribed Tidal Works
The State Coastal Protection and Management Regulation 2017 also applies to prescribed tidal
works in a local government tidal area. The Project therefore requires assessment against Schedule 3
Code for Assessable Development that is prescribed tidal works.
The majority of this code is relevant to the Project, therefore an assessment was completed against
the entire code. The Project demonstrates compliance with the code by:
• Proposing habitat restoration works that are compatible with the character and amenity of
the Noosa River and surrounds
• Installing signage and navigation aids consistent with MSQ requirements
• Completely avoiding disturbance to intertidal vegetation (mangroves and saltmarshes) and
minimising impacts to seabed vegetation including seagrass beds and macroalgae
• Buffering of mangroves, including pneumatophores by 2m and seagrass beds by 10m
• Providing for ongoing public access to the foreshore, including at the proposed load-out site
at Noosaville
• Allowing for the safe passage of vessels at all tides through careful consideration of gaps
between restored reef habitats
• Engineering rock substrates in accordance with applicable standards, assured by an RPEQ
• Buffering existing tidal works (e.g., jetties) by at least 30m
• Generally improving the stability of the seabed at the restoration sites, and monitoring
changes to the seabed and banks to ensure potential impacts are detected and managed
• Using construction materials which are clearly compatible with the marine environment, and
• Minimisation and monitoring of seabed sediment disturbance as a result of the proposed
works.
The Project is considered to meet the purpose of the Code for Assessable development that is
Prescribed Tidal Works, therefore has been assessed as compliant with this code.
4.5 Applicant response to QX and winter mortality disease risk
The Project applicant, The Nature Conservancy (TNC) has provided a response to an inquiry from
Shaun Walsh (Noosa Council). We understand that this was not a formal information request (IR) via
the Development Assessment process but rather a general inquiry relating to QX and winter
mortality disease risk to Sydney Rock Oysters (SROs) in the Noosa River estuary.
4.5.1 Literature review
QX disease causes mass mortalities of SROs and has severely impacted the industry in estuaries of
south-east Queensland and northern NSW since the mid-1970s. The causative agent of QX, Marteilia
sydneyi, was first identified in 1976 although the term QX has been in use since the 1960s when
mortalities were first observed in cultivated oysters in south-east Queensland when the cause was
not yet known.
QX infection in SRO’s is seasonally occurring, usually between January - April, with affected oysters
losing condition and dying through autumn and winter. While seasonal, infection dynamics are
complex, and it is not always observed each year in those estuaries where it is known to occur. M.
Section 6
sydneyi has a lifecycle which involves at least two hosts, which means QX cannot be passed directly from one oyster to another (is not directly transmissible). The parasite enters into the soft tissue of SRO through its gills and palps (near the oyster's mouth). If it progresses to cause disease, the parasite divides and proliferates. It then migrates to the digestive gland which surrounds the oyster’s stomach and intestine. There it undergoes further development and multiplication to produce spores (sporulation), the end-stage of infection in oysters. Sporulation damages the digestive gland of the oyster, resulting in starvation and eventual death of the oyster. Time from infection until death can vary between several weeks to several months. Affected oysters can be in poor condition and appear translucent or “watery”. The digestive gland can also appear to be a light tan colour instead of the usual dark brown. Prior to death of the oyster, the spores are released into the environment where they are taken up by alternate host(s) required in the life cycle of QX. The identity of the alternate host(s) has not been confirmed, but there is evidence suggesting that a polychaete worm (Nephtys australiensis) could play a role in the development of the parasite (Adlard and Nolan, 2015). Winter mortality is a protozoan born disease affecting the production of the SRO industry greatly. This disease causes high oyster mortality during periods of low water temperature and high salinity. It has the potential to severely impact the SRO industry through both stock losses and restrictions on market access. A species of Mikrocytos (subsequently renamed as a species of Bonamia) was historically thought to be the cause of the disease, but a definitive link between its presence and disease outbreaks has never been found. Over the past few decades, breeding lines of SROs have been selected for resistance to Winter mortality and QX disease. 4.5.2 Adequacy of controls TNC proposes a monitoring and adaptive management framework informed by close consultation with relevant industry experts. The management framework is considered sound. We note that the framework relies on the careful implementation of the Noosa Oyster Ecosystem Restoration Project - Project Restoration Plan and development of an appropriate Restoration Monitoring, Evaluation and Reporting System. The latter has not been provided as part of the application material. The primary mitigation measure if there are outbreaks of these diseases is the introduction of hatchery-produced QX-resistant S. glomerata and this is acknowledged by TNC as a fundamental response. As the causes of outbreaks of these diseases remain poorly understood, monitoring and development of mitigation strategies in consultation with the network of experts proposed by TNC are considered appropriate controls.
Section 7
5.0 Recommendations The Project has been assessed as compliant with all relevant Codes of the Noosa Plan 2020 and the Coastal Protection and Management Regulation 2017. The application material includes a range of environmental management and monitoring commitments, primarily documented in the Noosa Oyster Ecosystem Restoration Project - Project Restoration Plan. These measures should be consolidated in a Construction Environmental Management Plan (CEMP). We note that this has not been conditioned by referral agencies. We recommend that Noosa Council includes an Assessment Manager condition to capture this requirement. It is therefore recommended that the Project be approved subject to the Referral Agency Conditions provided by SARA on 7 April 2022 and the Conditions provided in Appendix 1.
Section 8
6.0 Appendices
Appendix 1 – Assessment Manager Approval Conditions
See Attachment ‘Prescribed Tidal Work Conditions’ Word doc.
To be inserted once Council reviews/accepts conditions.
6
Section 9
Appendix 2 – Code Assessments
1.0 Noosaville Local Plan Code
Relevant assessment criteria from Table 7.2.4.3 Criteria for Assessable development
Performance outcome Acceptable outcome Applicant response Assessment
Noosa River
PO22 No acceptable outcome provided. The applicant has not specifically The Project is not commercial
Commercial development on and addressed the Noosaville Local Plan development therefore PO22 is
adjacent to the Noosa River is designed Code. not applicable.
to—
(a) Provide for uses for marine
facility purposes including
water transport and boat hire;
(b) Be compatible with the scenic
values of the waterway;
(c) Provide a high level of amenity,
including ensuring low ambient
noise levels;
(d) Not increase overall scale and
intensity of commercial
operations;
(e) Use materials, natural finishes
and colours that blend with the
surrounding natural landscape;
and
(f) Reflect the character and
setting of the waterfront
locality (such as timber and tin
construction with a traditional
pitched roof design).
PO23 AO23.1 The applicant has not specifically The Project is not commercial
Commercial development on and No additional commercial leases are addressed the Noosaville Local Plan development therefore PO23 is
adjacent to the Noosa River is not created on or adjacent to the Noosa Code. not applicable.
Section 10
increased or expanded beyond existing River and no additional areas are
building footprints and structures added to the current commercial
within existing lease areas. lease leases.
AO 23.2
Development does not increase the
overall building footprint, gross floor
area or height of buildings or
structures associated with
commercial jetties.
PO24 No acceptable outcome provided. The applicant has not specifically The Project is not commercial
The loading and unloading of addressed the Noosaville Local Plan development therefore PO24 is
passengers and boat docking is Code. not applicable.
confined to the commercial lease areas
of the respective commercial
operation.
PO25 AO25 The applicant has not specifically The Project is not commercial
Parking of vehicles and boat trailers The loading and unloading of addressed the Noosaville Local Plan development therefore PO25 is
and the loading and unloading of goods passengers, goods and watercraft is Code. not applicable.
or passengers does not impede on confined to the commercial lease
public open space in the vicinity of the areas of the respective commercial
river. operation.
PO26 No acceptable outcome provided. The applicant has not specifically The Project will not interact
The slipway accessed from Mill Street addressed the Noosaville Local Plan with the Mill Street slipway
provides essential infrastructure for Code. therefore PO26 is not
waterfront based marine industries applicable.
and is limited to this existing
commercial lease area adjoining
Chaplin Park.
PO27 No acceptable outcome provided. The applicant has not specifically The Project will not interact
addressed the Noosaville Local Plan with the slipway at 238 Gympie
Code.
Section 11
The slipway at 238 Gympie Terrace, Terrace therefore PO27 is not
Noosaville serves as important applicable.
infrastructure for small vessels.
Environment, natural resources and recreation
PO31 AO31 The applicant has not specifically The applicant has demonstrated
Development has no significant Connecting Habitat Areas as addressed the Noosaville Local Plan compliance with PO31.
adverse effects on biodiversity, natural identified on Map SFM-4-Biodiversity Code. Given the nature of the works
vegetation, native fauna habitat, (Strategic Framework) are protected (placement of additional
landscape quality, water quality or from fragmentation and oyster/rock substrates on the
cultural heritage values, including encroachment by development. seabed) there is the potential
those related to— for short-term impacts to water
(a) changes to natural drainage; quality and movement of
(b) disturbance to any wetland sediments.
system; The Project demonstrates
(c) management of fire risk; appropriate mitigation and
(d) erosion and the transport of management measures have
sediments off site; been considered through the
(e) unmanaged public access; Noosa Oyster Ecosystem
(f) changes to fauna habitat and Restoration Project – Project
behaviour. Restoration Plan. In addition, as
required under condition 21 of
SARA Decision Notice, the
Inspection and Monitoring
Program will monitor any
potential impacts and provide
management measures to
remediate any adverse impacts
should they occur.
Furthermore, the works must be
undertaken in accordance with
an approved Construction
Environmental Management
Section 12
Plan (CEMP) as per Council
approval conditions.
The Connecting Habitat Areas
identified on Map SFM-
Biodiversity will not be
impacted.
PO32 AO32 The applicant has not specifically The applicant has demonstrated
Development maintains and protects Open space corridors identified as addressed the Noosaville Local Plan compliance with PO32. The
an integrated open space network Ecological Linkages and Major Code. Project seeks to enhance items
throughout the locality to— recreation areas on Map SFM-1- listed at (c) and (d) through
(a) provide for both passive and Settlement and Map SFM-4- restoration of oyster reef
active recreational pursuits; Biodiversity (Strategic Framework) habitats in Noosa River. The
(b) provide connectivity for are enhanced and protected from Project will not impact on the
pedestrians and cyclists; fragmentation and encroachment by open space network nor
(c) provide habitat connectivity for development. interact with the open space
wildlife and fish passage; corridors identified on Map
(d) protect watercourses and SFM-1-Settlement and Map
drainage lines; SFM-4-Biodiversity.
(e) protect vegetation on steep
slopes; and
(f) for a scenic backdrop for
residential development.
Section 13
2.0 Waterways works Code
Table 9.4.9.3 Criteria for assessment
Performance outcome Acceptable outcome Applicant response Assessment
Landing – prescribed tidal works outside Noosa Waters Estate
Role and function No acceptable outcome provided. The applicant has not specifically The Project is not a landing
PO1 addressed the Waterways works therefore PO1 is not applicable.
A landing— code.
(a) provides a high level of
amenity with no adverse
effects on the surrounding area
including changes to light,
views, air quality and noise;
(b) is compatible with the scenic
values of the waterway; and
(c) does not adversely affect the
natural landscape character
and vegetation along the
foreshore.
Landings in conjunction with a No acceptable outcome provided. The applicant has not specifically The Project is not a landing
commercial use addressed the Waterways works therefore PO2 is not applicable.
PO2 code.
Development—
(a) does not detract from the
function and viability of centres
or nearby businesses;
(b) does not increase the overall
scale and intensity of any
commercial operation;
(c) © does not provide additional
commercial leases on the
Noosa River;
Section 14
(d) ensures no net increase in site
cover or gross floor area of
buildings or structures;
(e) uses materials, natural finishes
and colours that blend with the
surrounding natural landscape;
and
(f) reflects the character and
setting of the locality (such as
timber and tin construction
with a traditional pitched roof
design).
PO3 No acceptable outcome provided. The applicant has not specifically The Project is not a landing
All commercial activities including, the addressed the Waterways works therefore PO3 is not applicable.
loading and unloading of passengers code.
and boat docking is confined to the
commercial lease areas of the
respective commercial operation.
Editor’s Note— The commercial lease
area is the lease area at the time of
gazettal of this plan
Car parking No acceptable outcome provided. The applicant has not specifically The Project does not require
PO4 addressed the Waterways works carparking therefore PO4 is not
Sufficient car parking is provided on code. applicable.
site to accommodate the number and
type of vehicles likely to be generated
by the use
Siting – prescribed tidal works outside Noosa Waters Estate
PO5 No acceptable outcome provided. The applicant has not specifically The Project does not include
The construction of new jetties, addressed the Waterways works jetties, wharves or boardwalks
wharves and boardwalks on freehold code. on freehold land therefore PO5
is not applicable.
Section 15
land in largely undeveloped sections of
a watercourse is avoided.
PO6 No acceptable outcome provided. The applicant has not specifically The Project does not include
The construction of new jetties and addressed the Waterways works jetties or wharves on public land
wharves on public lands is avoided code. therefore PO6 is not applicable.
unless there is a clear demonstrated
community benefit and community
support.
PO7 AO7 The applicant has not specifically The Project satisfactorily
Prescribed tidal works are not located Refer to Figure 9.4.9.3M— Noosa addressed the Waterways works complies with PO7. The Noosa
on the southern bank of the Noosa Heads Lions Park to Weyba Bridge. code. Sound East site and the Noosa
River and tributaries between the Sound west site are located
Noosa Heads Lions Park and Weyba between the Noosa Heads Lions
Bridge (Refer to Figure 9.4.9.3M). Park and Weyba Bridge.
However given the nature of the
Project being located on the
seabed not the bank of the
Noosa River it is considered that
the intention of this
Performance Outcome is met.
PO8 No acceptable outcome provided. The applicant has not specifically The Project does not include
Prescribed tidal works do not include addressed the Waterways works extensions of on-site
extensions of on-site recreational areas code. recreational areas therefore
unless there is a clear demonstrated PO8 is not applicable.
community benefit and community
support.
Character, amenity & access - prescribed tidal works outside Noosa Waters Estate
Site Responsive Design AO9.1 The applicant has not specifically The Project satisfactorily
PO9 For lots with waterway frontage addressed the Waterways works complies with PO9. Given the
Prescribed tidal works are designed greater than 15 metres in width, code. nature of the Project, lot
and sited to ensure— jetties and pontoons are setback a boundaries and vessel berthing
minimum of 3 metres from the are not applicable.
Section 16
(a) they are contained within the prolongation of the boundaries Visual amenity will not be
prolongation of boundaries of (Refer Figure 9.4.9.3A). impacted given the Project is
the lot; predominantly on seabed/rocky
(b) that when a vessel is berthed it AO9.2 intertidal areas.
does not encroach over the For lots with waterway frontage of The most likely area of conflict
prolongation of boundaries of less than 15 metres in width between the Project and
the lot; (including lots located in waterway existing uses is at the proposed
(c) a high level of visual amenity is bends or at the head of the load-out facility at Noosaville.
maintained when viewed from waterway)—
the waterway and adjoining (a) a joint application is made Potential conflicts with uses in
lands; with the adjoining owner; or the water and foreshore will be
(d) they avoid conflicts with uses (b) where a joint application is short-term and minimised by
in the water and on the not possible, jetties and appropriate configuration of the
foreshore and adjoining lands; pontoons— proposed load-out site at
(e) cluttering of waterways is (i) are setback a minimum of 1 Noosaville. The load-out site is
avoided; metre from the prolongation configured in two sections
(f) public access to beaches and of the boundaries; leaving sufficient space for
foreshores is not impeded, (ii) are not more than 1.2 recreational boaters and
including the pocket sandy metres in width; and commercial companies to
beaches and other foreshores (iii) have no head and are access the shoreline
along the Noosa River; located such that when a
(g) excessive traffic volumes vessel is berthed it does not The works must be undertaken
within foreshore areas and encroach over the in accordance with an approved
adjoining lands are avoided; prolongation of a boundary Construction Environmental
(h) materials blend with the (Refer Figure 9.4.9.3B). Management Plan (CEMP) as
natural surrounds; and per Council approval conditions.
(i) they reflect the character and AO9.3
setting of the immediate For lots that adjoin those described
surrounds of the locality. in AO9.2, a jetty or pontoon is
located well away from the common
boundary.
Section 17
PO10 No acceptable outcome provided. The applicant has not specifically The Project does not include
Jetties and wharves are not roofed. addressed the Waterways works jetties or wharves therefore
code. PO10 is not applicable.
PO11 No acceptable outcome provided. The applicant has not specifically The Project does not include
Boat lifting devices (including boat addressed the Waterways works boat lifting devices therefore
storage devices) are only located to code. PO11 is not applicable.
services properties on Noosa North
Shore.
PO12 No acceptable outcome provided. The applicant has not specifically The Project does not include
Large jetties, pontoons and wharves addressed the Waterways works jetties, pontoons or wharves
that are capable of serving other uses, code. therefore PO12 is not
such as for private recreational applicable.
purposes, are not developed.
Design, Construction and Safety for jetties, wharves and pontoons - prescribed tidal works outside Noosa Waters Estate
PO13 AO13.1 The applicant has not specifically The Project does not include
Prescribed tidal works are designed The maximum width of a jetty, jetty addressed the Waterways works jetties, wharves or pontoons
and constructed for the sole purpose of head or associated walkway is 1.5 code. therefore PO13 is not
providing access to vessels and are metres, except on Noosa North applicable.
sited and designed to avoid— Shore.
(a) cluttering of waterways;
(b) excessive traffic volumes AO13.2
within foreshore areas and For jetties on Noosa North Shore,
adjoining lands; the maximum width of the jetty
(c) conflicts with uses on the head is 2 metres.
foreshore and adjoining lands;
and AO13.3
(d) unacceptable risks to personal The maximum length of a jetty head
and public safety. is not more than 7 metres.
AO13.4
A pontoon head has a maximum
width of 3 metres and a maximum
Section 18
length of 5 metres (Refer Figure
9.4.9.3C).
AO13.5
For “Y” and “T” shaped jetty heads—
(a) a maximum area 10.5m²
excluding any walkway is
provided; and
(b) a walkway with a minimum
length of 3 metres is
provided (Refer Figure
9.4.9.3D).
AO13.6
Gangways and walkways serving
jetties and pontoons have at least
one rigid handrail fitted and meet
the following—
(a) for dwelling houses – a
minimum width of 750
millimetres and a maximum
width of 1.5 metres;
(b) for other residential uses –
(i) the gangway for a single
berth pontoon has a
minimum width of 900
millimetres;
(ii) the gangway for a multiple
berth pontoon has a
minimum width of 1.2
metres if fitted with one
handrail and 900 millimetres
if fitted with a handrail on
each side;
Section 19
(iii) the primary walkway to
multiple berth pontoons has
a maximum width of 1.5
metres; and
(iv)the maximum width of a
gangway is 1.5 metres.
AO13.7
In Noosa Sound, where quaylines are
set, a jetty or pontoon does not
extend into the watercourse beyond
the quayline;
OR
AO13.8
Where no quaylines are set, the
maximum distance a jetty or
pontoon extends into the
watercourse is 10m, unless it can be
demonstrated that a distance in
excess of 10m is essential to safely
access a vessel from the jetty.
Editor’s Note— The quayline is
measured from real property
boundary except where a relevant
State Government Authority
permits the measurement from
High Water Mean Springtide.
AO13.9
Section 20
All attachments to jetties, including
but not limited to boat lifts, jetski
cradles, floating berths and floating
pontoons are located within the
quay line.
AO13.10
Pontoons are structurally capable of
sitting on the sand bed. Rollers and
bracing should account for this
situation.
AO13.11
Jetties and pontoons are free
standing and do not rely on
connecting to any revetment wall or
other structure.
Design, Construction and Safety for Boat Ramps - prescribed tidal works outside Noosa Waters Estate
PO14 AO14.1 The applicant has not specifically The Project does not include
Boat ramps are designed and Where there is an existing revetment addressed the Waterways works boat ramps therefore PO14 is
constructed to— wall— code. not applicable.
(a) allow access by a wheeled boat (a) the level of a boat ramp
trailer; surface at the revetment
(b) ensure that unacceptable risks wall is no more than 150
to personal and public safety millimetres above the top of
are unlikely to be caused; the wall, not more than 500
(c) avoid cluttering of the millimetres below the top of
waterways; the wall and not more than
(d) avoid excessive traffic volumes 200 millimetres above the
within foreshore areas and existing beach;
adjoining lands; and (b) the ramp extends into the
(e) ensure that visual amenity of waterway no more than 9
the foreshore is maintained.
Section 21
metres from a revetment
wall;
(c) the ramp is constructed at a
uniform grade no steeper
than 20% (1 in 5); and
(d) the outer end of the ramp is
no more than 100
millimetres above the level
of the beach (Refer Figure
9.4.9.3E).
AO14.2
No part of the ramp is to extend
closer than 1 metre to the
prolongation of the boundaries.
AO14.3
The boat ramp surface profile is
concave to allow concentration of
water to the centre of the ramp.
PO15 No acceptable outcome provided. The applicant has not specifically The Project does not include
No new boat ramps are constructed addressed the Waterways works boat ramps therefore PO15 is
within the Noosa River system. code. not applicable.
Character and amenity - operational works within Noosa Waters Estate waterways
PO16 AO16.1 The applicant has not specifically The Project is not within the
Works are designed and sited to For lots with watercourse frontage addressed the Waterways works Noosa Waters Estate waterways
ensure— greater than 15 metres in width, code. therefore PO16 is not
(a) they are contained within the jetties are setback a minimum of 3 applicable.
prolongation of boundaries of metres from the prolongation of the
the lot; boundaries (Refer Figure 9.4.9.3A).
(b) that when a vessel is berthed it
does not encroach over the AO16.2
Section 22
prolongation of boundaries of For lots with watercourse frontage
the lot; less than 15 metres in width
(c) a high level of visual amenity is (including lots located in
maintained when viewed from watercourse bends or at the head of
the watercourse and adjoining the watercourse)—
lands; (a) a joint application is made
(d) the works avoid conflicts with with the adjoining owner; or
uses in the water, on the (b) where a joint application is
foreshore and adjoining lands; not possible, jetties—
(e) materials blend with the - are setback a minimum of 1
natural surrounds; metres from the
(f) cluttering of watercourses is prolongation of the
avoided; boundaries;
(g) excessive traffic volumes - are not more than 1.5
within foreshore areas, on metres in width;
adjoining lands and in the - have no jetty head;
water are avoided; and - allow for safe access and
(h) they reflect the character and manoeuvrability of vessels
setting of the work’s for both the neighbouring
immediate surrounds of the property and the subject
locality. property; and
- are not constructed on sites
where there is an existing
shared jetty on either
prolongation of the side
property boundaries.
AO16.3
For lots that adjoin those described
in AO16.2, the jetty is located well
away from the common boundary.
Section 23
PO17 No acceptable outcome provided The applicant has not specifically The Project is not within the
Landings are not roofed. addressed the Waterways works Noosa Waters Estate waterways
code. therefore PO17 is not
applicable.
Design, Construction and Safety for Jetties within Noosa Waters Estate waterways
PO18 No acceptable outcome provided. The applicant has not specifically The Project is not within the
Structures such as handrails, light addressed the Waterways works Noosa Waters Estate waterways
bollards, piers and pumping equipment code. therefore PO18 is not
for semi-submersible floating docks applicable.
have a maximum height of 1100mm
above the jetty floor.
PO19 AO19.1 The applicant has not specifically The Project is not within the
Development is designed and Jetties— addressed the Waterways works Noosa Waters Estate waterways
constructed for the sole purpose of are a maximum width of 1.5 metres; code. therefore PO19 is not
providing access to vessels and are a maximum length of a jetty head is applicable.
sited and designed to avoid— not more than 7 metres (Refer
(a) cluttering of waterways; Figure 9.4.9.3C);
(b) excessive traffic volumes constructed predominantly of
within foreshore areas, on timber;
adjoining lands and within the are not constructed parallel to the
waterway; and revetment wall; and extend a
(c) unacceptable risks to personal maximum of 10 metres past the
and public safety. quayline.
AO19.2
For “Y” and “T” shaped jetty heads
or other shaped jetty heads—
(a) a maximum area of 10.5m²
excluding any walkway is
provided; and
(b) a walkway with a minimum
length of 3 metres is
Section 24
provided to the jetty head
(Refer Figure 9.4.9.3D).
AO19.3
Jetties have independent support
structures and are not supported by
the revetment wall.
AO19.4
Seep holes in the revetment wall are
not obstructed by any jetty.
AO19.5
For lots comprising a dwelling house
or dual occupancy, a maximum of
one jetty per development is
constructed.
AO19.6
Multiple dwellings with common
property along the waterway
frontage meet the following—
(a) a maximum of 2 jetties per
multiple dwelling;
(b) jetties are shared between
unit owners;
(c) a minimum of 20 metres
separation is provided
between each jetty;
(d) the jetty is setback a
minimum of 3 metres from
the prolongation of
boundaries; and
Section 25
(e) jetty heads and pontoons
are not constructed (Refer
Figure 9.4.9.3F).
AO19.7
For multiple dwellings where each
unit has its own individual canal
frontage—
(a) a joint application with the
adjoining owner is made;
and
(b) jetties are constructed as
follows—
- the jetty is shared between
two unit owners;
- the jetty straddles the
common boundary of the
two units;
- jetty heads and pontoons
are not constructed; and
- fencing between the two
properties is setback a
minimum 1 metre from the
revetment wall to allow for
efficient access to the jetty
by both owners (Refer Figure
9.4.9.3G).
Editor’s Note—Council is unlikely to
support a jetty application for the
exclusive use of one unit owner.
AO19.8
Section 26
Walkways serving jetties have at
least one rigid handrail fitted and the
walkway is a minimum width of 750
millimetres and a maximum width of
1.5 metres where—
(a) the walking surface of the
jetty is constructed level
with the top of the
revetment wall;
(b) water reticulation systems
are fitted with a mechanical
backflow prevention device;
and
(c) electrical reticulation
systems carrying electricity
in excess of 24 volts are not
to extend beyond the
revetment wall.
AO19.9
Any lower-level platform, or siding,
along the jetty walkway has a
maximum width of 500 millimetres
and does not exceed 2m² and does
not interfere with the prolongation
of boundaries as indicated by
Acceptable outcomes AO15.1,
AO15.2 & AO15.3.
PO20 No acceptable outcome provided. The applicant has not specifically The Project is not within the
Pontoons and boat ramps are not addressed the Waterways works Noosa Waters Estate waterways
constructed within the Noosa Waters code. therefore PO20 is not
Estate waterways. applicable.
Boat lifting devices within Noosa Waters Estate waterways
Section 27
PO21 AO21.1 The applicant has not specifically The Project is not within the
Boat lifting devices are only Boat lifting devices are only located addressed the Waterways works Noosa Waters Estate waterways
constructed in the absence of a boat in conjunction with an approved code. therefore PO21 is not
ramp and are designed and located jetty where— applicable.
to— (a) the boat lifting device does
(a) ensure that unacceptable risks not extend into the
to personal and public safety waterway beyond the end of
are unlikely to be caused; the approved jetty;
(b) avoid cluttering of the (b) the boat lifting device is no
waterway; greater than 4 metres in
(c) ensure that visual amenity of width or for a jetty hoist, 2
the foreshore and waterway is metres in width;
maintained including— (c) the boat lifting device is
- avoiding bulky or large located adjacent the
structures; and walkway to the jetty and is
- minimising structures above generally perpendicular to
the water level; the revetment wall;
(d) ensure the structural integrity (d) the highest part of the boat
of the works is maintained and lifting device is no higher
not compromised; and than the top of the
(e) avoid a secondary boat lifting revetment wall under
device (floating dock) that normal canal water level
exceeds 8m². conditions;
(e) the boat lifting device is not
located on the jetty head;
and
(f) the outermost projection of
any boatlifting device is
setback a minimum of 1
metre from the prolongation
of the boundaries.
AO21.2
Section 28
Only one primary boat lifting device
and one secondary small device
(floating dock) per jetty. The small
secondary floating dock is no greater
than 8m² and purpose designed for
personal watercraft such as jet skis,
kayaks, paddleboards etc.
AO21.3
A shared jetty contains only one
boat lifting device on either side of
the jetty.
AO21.4
The structure may be securely
attached, excluding roped, chains
and straps, to an existing jetty where
a structural engineer's report for the
design is provided certifying that the
jetty is structurally capable of
supporting the boat lifting device
(Refer to Figures 9.4.9.3H – 9.4.9.3J
for examples of boat lifting devices).
AO21.5
For twin jetty structures with central
boat lifting devices-
(a) are only permitted in the
absence of any jetties;
(b) the structure does not
exceed 10 metres in length;
Section 29
(c) the structure does not
exceed 7 metres in width;
and
(d) each jetty is a maximum of
1.5 metre wide.
Fixed Floating Structures & Boat Ramps within Noosa Waters Estate waterways
PO22 No acceptable outcome provided The applicant has not specifically The Project is not within the
Fixed floating structures whether or addressed the Waterways works Noosa Waters Estate waterways
not attached to land (e.g. pontoons code. therefore PO22 is not
and any associated walkways) and boat applicable.
ramps are not located within the Noosa
Waters Estate.
Flooding and amenity functions - operational works within Noosa Waters Estate waterways
PO23 AO23.1 The applicant has not specifically The Project is not within the
The flood detention and amenity For premises adjoining a waterway addressed the Waterways works Noosa Waters Estate waterways
functions of the area adjacent to the within the Noosa Water estate, no code. therefore PO23 is not
revetment wall within Noosa Waters building work, filling or excavation applicable.
Estate are retained and enhanced by works within 4.5 metres of the
ensuring— centre line of the top of the concrete
(a) works do not protrude through revetment wall.
a batter line of 1:4.5 measured
from the centre line of the AO23.2
revetment wall; A minimum of 25% of the area
(b) there is no additional load within 4.5 metres of the revetment
placed on the revetment wall; wall is planted with shrubs and small
(c) works do not pose a risk to the trees with a mature height of 3
membrane adjoining the metres or less.
revetment wall;
(d) amenity of the waterway and AO23.3
surrounding land uses is not The ground surface within the first
adversely affected by metre of the revetment wall—
(a) is grass or ground cover; and
Section 30
development (building, filling (b) does not include shrubs.
or excavation) ensuring—
- the 4.5 metre setback area is AO23.4
predominantly soft Side boundary fences within 4.5
landscaping; metres of the revetment wall taper
- a maximum of 25% of the area down to a maximum height of 1.2
is impervious; metres at the revetment wall and no
- dominant impervious areas more than 1.5 metres at a distance
and masonry retaining walls of 2.25 metres from the revetment
are avoided; wall.
- retaining structures and the
like are light weight, low rise
and screened by landscaping;
- natural materials such as
timber or rock are used rather
than manufactured materials;
- the acoustic privacy and access
to sunlight of surrounding
development is protected; and
- views are not impeded.
PO24 No acceptable outcome provided. The applicant has not specifically The Project is not within the
No shore side anchor points are addressed the Waterways works Noosa Waters Estate waterways
installed within 4.5 metres of the code. therefore PO24 is not
centre line of the revetment wall. applicable.
PO25 No acceptable outcome provided. The applicant has not specifically The Project is not within the
No mooring, anchoring, tying or addressed the Waterways works Noosa Waters Estate waterways
docking of vessels occurs adjacent to code. therefore PO25 is not
the revetment wall. applicable.
Section 31
3.0 Code for assessable development that is prescribed tidal works
Schedule 3 of Coastal Protection and Management Regulation 2017
Performance outcome Acceptable outcome Applicant response Assessment
Character and amenity (generally) – prescribed tidal works in a canal
1.1 Prescribed tidal works in a canal The design and construction of the Not applicable. The Project is not within a canal
are compatible with their prescribed tidal works is Not in a canal. therefore PO1.1 is not applicable.
location, having regard to the consistent with the following
following— standards—
(a) the character and amenity (a) subject to paragraph (c),
of the works’ immediate prescribed tidal works do not
surroundings and the extend past the side boundary
locality within which the or extended side boundary of
works are located; the lot connected to the
(b) if the relevant planning works;
scheme states the desired (b) subject to paragraph (c)—
character or amenity for the (i) for prescribed tidal
works’ immediate works for a private
surroundings or the locality purpose—the works are
within which the works are not roofed; or
located—the stated desired (ii) for prescribed tidal
character or amenity works for a non-private
purpose—the works are
not roofed unless they
are the main access to
land;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
Section 32
Performance outcome Acceptable outcome Applicant response Assessment
standard mentioned in
paragraph (a) or (b);
(d) any other relevant planning
scheme standard that is not
inconsistent with the
standards mentioned in
paragraphs (a) to (c).
Character and amenity (generally)—prescribed tidal works not in a canal
2.1 Prescribed tidal works not in a The design and construction of the Complies with Performance The applicant has demonstrated
canal are compatible with their prescribed tidal works is Outcome 2.1. Due to the compliance with PO2.1. As detailed,
location, having regard to the consistent with the following nature of the project the given the nature of the Project the
following— standards— nominated Acceptable character and amenity of the works
(a) the character and amenity (a) subject to paragraph (d), Outcomes are not cannot be practically considered.
of the works’ immediate prescribed tidal works do not considered to be suitable Character and amenity will not be
surroundings and the extend past the side boundary but have been considered. impacted given the Project is
locality within which the or extended side boundary of The works are to restore predominantly on seabed/rocky
works are located; the lot connected to the rock oyster ecosystems intertidal areas.
(b) if the relevant planning works; throughout the Noosa
scheme states the desired (b) subject to paragraph (d), River estuary that meet
character or amenity for the prescribed tidal works are the site suitability criteria and
works’ immediate only works of their type positively interact with
surroundings or the locality along the edge of the tidal current human uses. As the
within which the works are water fronting the lot Noosa River was
located—the stated desired connected to the works; historically characterised
character or amenity (c) subject to paragraph (d)— by significant oyster
(i) for prescribed tidal ecosystems, they are
works for a private considered to be consistent
purpose—the works are with the character and
not roofed; or amenity of the works’
(ii) for prescribed tidal immediate surroundings
works for a non-private and the locality in which
purpose—the works are the works are located.
Section 33
Performance outcome Acceptable outcome Applicant response Assessment
not roofed unless they Restoration Zones have
are the main access to been developed based on
land; Habitat Suitability
(d) if a relevant planning scheme parameters and
standard is more stringent Restoration Suitability
than the standard mentioned parameters as detailed in
in paragraph (a), (b) or the Project Restoration
(c)—the relevant planning Plan.
scheme standard, to the (a) The Restoration Zones
extent it is more stringent include large areas of the
than the standard mentioned Noosa River and as such
in paragraph (a), (b) or (c); are adjacent to multiple
e) any other relevant planning Lots.
scheme standard that is not (b) The Works are expected
inconsistent with the to be implemented
standards mentioned in progressively with Phase 1
paragraphs (a) to (d). currently planned and
Phase 2 to occur over time
as funds become available.
As such, Phase 2 could
include extension of Phase
1 reef habitat which could
include placement of
additional works of their
type adjust to the frontage
of the same lots as Phase 1.
(c) The works are not
roofed.
Character and amenity (height, scale and size)
3.1 Prescribed tidal works are of a The height, scale and size of the Complies with Performance The applicant has demonstrated
height, scale and size to ensure prescribed tidal works is Outcome 3.1 compliance with PO3.1. Given the
the works are compatible with consistent with each relevant nature of the Project, the height,
Section 34
Performance outcome Acceptable outcome Applicant response Assessment the character and amenity of planning scheme standard. (a) The works are of a scale and size of the works is their location, having regard to height, scale and size that considered consistent with the the following— is consistent with natural natural features of the seabed of the (a) the height, scale and size of oyster reefs which have Noosa River. the natural features of the historically been present works’ immediate within the Noosa River. surroundings and the Crest heights are relative to locality within which the tidal levels (Mean High works are located; Water Springs) for (b) the height, scale and size of individual sites. the existing buildings or (b) The works are of a other structures in the lower height and level than works’ immediate other rock structures surroundings and the within the Noosa River locality within which the although extend further works are located; seaward than seawall type (c) if the relevant planning structures in order to scheme states the desired provide larger area of height, scale or size of habitat. buildings or other structures in the works’ immediate surroundings or the locality within which the works are located—the stated desired height, scale or size Character and amenity (materials and colours) 4.1 The materials used for, and the The materials used for, and Complies with Performance The applicant has demonstrated colours of, prescribed tidal colours of, the prescribed tidal Outcome 4.1 compliance with PO4.1. The works are compatible with the works are consistent with each The works include the ‘materials and colours’ of the works character and amenity of the relevant planning scheme placement of locally are considered consistent with the works’ location, having regard standard. sourced rock and oyster planning scheme given that the
Section 35
Performance outcome Acceptable outcome Applicant response Assessment to the following— shell as detailed in ICM works include locally sourced (a) the natural features of the drawing SROR-2021-02. ‘materials’ (rock, oyster shell) from works’ immediate a) The materials are the Noosa River. surroundings and the consistent with natural locality within which the rocky rubble reefs which works are located; are present within some (b) the existing buildings or area of the Restoration other structures in the Zones. works’ immediate b) The materials are surroundings and the consistent with rock locality within which the erosion protection works are located; structures located (c) if the relevant planning throughout the Noosa scheme states the desired River. materials to be used for, or desired colours of, buildings or other structures in the works’ immediate surroundings or the locality within which the works are located—the stated desired materials or colours Lighting 5.1 Lighting, other than an aid to The lighting for the prescribed Complies with Performance The applicant has demonstrated navigation, for prescribed tidal tidal works, other than an aid to Outcome 5.1 compliance with PO5.1 given that no works is installed in a way to navigation, is consistent with the The works are oyster lighting is proposed. ensure the security and safe use following standards— habitat and will not be lit. of the works without causing (a) subject to paragraph (c), significant adverse effects on the lighting for prescribed tidal amenity of the locality within works is hooded and directed which the works are located. downwards;
Section 36
Performance outcome Acceptable outcome Applicant response Assessment
(b) subject to paragraph (c), each
lighting standard, to the
extent relevant;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent the
standard is more stringent
than the standard mentioned
in paragraph (a) or (b);
(d) any other relevant planning
scheme standard that is not
inconsistent with the
standards mentioned in
paragraphs (a), (b) and (c).
Signage
6.1 A sign erected or otherwise A sign erected or otherwise placed Complies with Performance The applicant has demonstrated
placed in position for prescribed in position for prescribed tidal Outcome 6.1 compliance with PO6.1. The
tidal works, other than a sign works, other than a sign erected or Signage and aids to proposed signage is consistent with
erected or placed for safety placed for safety reasons or under navigation are to be the acceptable outcomes.
reasons or under an Act— an Act, is consistent with the installed as required by
(a) is compatible with the following standards— MSQ permit conditions.
character and amenity of (a) subject to paragraph (c), a Section 7 of the Project
the works’ immediate sign erected or placed in Restoration Plan outlines
surroundings and the position for identifying navigation aid type,
locality within which the prescribed tidal works, or the signage specifications and
works are located; and owner of the works, is the signage certification. This
(b) is not a dominant feature of only sign erected or placed in selection has been
the works, unless the position for identifying the informed by pre-
dominance is for safety works or owner;
Section 37
Performance outcome Acceptable outcome Applicant response Assessment
reasons (b) subject to paragraph (c), a lodgement discussions with
sign erected or otherwise MSQ.
placed in position for a) The aids to navigation
prescribed tidal works is are to be of a type
integrated into the design and consistent with standard
construction of the works; MSQ buoys and are
(c) if a relevant planning scheme therefore compatible with
standard is more stringent the character and amenity
than the standard mentioned of the works’ locality. SCG
in paragraph (a) or (b)—the has certified that the
relevant planning scheme signage is consistent with
standard, to the extent it is the requirements of the
more stringent than the Coastal Protection and
standard mentioned in Management Act.
paragraph (a) or (b); b) The dominance of the
(d) any other relevant planning signage will be based on
scheme standard that is not navigational safety
inconsistent with the requirements.
standards mentioned in
paragraphs (a), (b) and (c).
Earthwork, vegetation and rehabilitation
7.1 Excavation and filling for The earthwork and filling for the Not applicable. The Project does not propose any
prescribed tidal works— prescribed tidal works is The works do not include excavation or filling therefore PO7.1
(a) is carried out only to the consistent with each relevant removal of any material, is not applicable.
extent reasonably necessary planning scheme standard. excavation or filling.
for the works; and
(b) does not have a significant
adverse effect on—
(i) the natural features,
including the banks, of
the tidal water in the
works’ immediate
Section 38
Performance outcome Acceptable outcome Applicant response Assessment
surroundings; or
(ii) the level of the surface
of the land under the
tidal water in the
works’ immediate
surroundings or any
foreshore near the
works.
7.2 The location and construction of Vegetation on land affected by the Complies with Performance The applicant has demonstrated
prescribed tidal works ensures prescribed tidal works is dealt with Outcome 7.2 compliance with PO7.2 by avoiding
vegetation is cleared or in a way consistent with the The works only allow minor direct disturbance to terrestrial or
disturbed only to the extent following standards— temporary impacts to intertidal vegetation at all
reasonably necessary for the (a) subject to paragraph (b), the terrestrial vegetation at the restoration sites.
works. clearing or disturbance of Tewantin site (Refer ICM
vegetation for a purpose Drawing NROR-2021-04).
associated with the While avoidance of this
construction of prescribed impact is possible, it is
tidal works, including, for anticipated the works will
example, parking for provide considerable
construction or workers’ enhancement to the
vehicles or stockpiling of existing degraded habitat
construction materials— in this location. The impact
(i) is avoided; or of the works is limited to
(ii) if the clearing or the footprint of the
disturbance of individual reef patches,
vegetation for a purpose such that the works will
associated with the retain any marine plants
construction of the present in access gaps
works can not be between reef patches.
avoided—the clearing or
disturbance is limited to
the smallest area of land
Section 39
Performance outcome Acceptable outcome Applicant response Assessment
reasonably necessary for
the purpose;
(b) any other relevant planning
scheme standard that is not
inconsistent with the standard
mentioned in paragraph (a).
7.3 After the construction of Land or vegetation affected by the Complies with Performance The applicant has demonstrated
prescribed tidal works, any land prescribed tidal works is dealt with Outcome 7.3 compliance with PO7.3 by avoiding
damaged or destabilised by, and in a way consistent with the The works only allow minor direct disturbance to terrestrial or
any vegetation damaged, following standards— temporary impacts to the intertidal vegetation at all
destroyed or removed by, the (a) subject to paragraph (b)— significantly degraded restoration sites.
construction of the works is (i) land surfaces damaged seabed habitat at the
rehabilitated. or destabilised by the Tewantin site (Refer ICM Seabed impacted as a result of the
prescribed tidal works Drawing NROR-2021-04). works will ultimately be rehabilitated
are restored and The site will be extensively as part of the works as detailed in
stabilised; and habilitated with rocky ICM Drawing NROR-2021-04.
(ii) vegetation damaged, substrate and oyster cultch
destroyed or removed by as part of the proposed
prescribed tidal works is works. For detail, refer ICM
replaced with native drawings and Project
vegetation for the Restoration Plan.
locality within which the
works are located, to the
extent it is reasonably
practicable to replace
the vegetation with
native vegetation;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
Section 40
Performance outcome Acceptable outcome Applicant response Assessment
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a);
(c) any other relevant planning
scheme standard that is not
inconsistent with the
standards mentioned in
paragraphs (a) and (b).
Public access – availability
8.1 Prescribed tidal works do not The design and construction of the Complies with Performance The applicant has demonstrated
have a significant adverse effect prescribed tidal works is Outcome 8.1 compliance with PO8.1
on the availability of public consistent with the following The design provides for a The Project does not have a
access to, along or across State standards— minimum distance of 10m significant adverse effect on the
coastal land. (a) subject to paragraph (b), from foreshore access to availability of public access to or
prescribed tidal works do not maintain public use of and along State coastal land, given it is
involve the erection or access to and along state primarily located on the seabed.
placement of any physical coastal land. Refer ICM Where the project interfaces with
barrier preventing existing drawing NROR-2021-00. State coastal land, appropriate
public access to, along or At the Tewantin site (ICM access has been maintained. The key
across State coastal land near drawing NROR-2021-04) location where public safety is a
the works; upstream of the boat concern is the load-out facility and
(b) if a relevant planning scheme ramp, there is an opening appropriate management and
standard is more stringent in the vegetation that separation of project activities from
than the standard mentioned could provide public access ongoing public use has been
in paragraph (a)—the to the structure if considered.
relevant planning scheme desirable. In this location a
standard, to the extent it is wider 4m access gap has
more stringent than the been provided between
standard mentioned in shoreward reef patches to
paragraph (a); facilitate safe access by a
(c) any other relevant planning larger number of persons if
Section 41
Performance outcome Acceptable outcome Applicant response Assessment
scheme standard that is not this was desirable (e.g. for
inconsistent with the education purposes).
standards mentioned in
paragraphs (a) and (b).
Public access – safety
9.1 The location and design of Public access to State coastal land Complies with Performance The applicant has demonstrated
prescribed tidal works does not near the prescribed tidal works is Outcome 9.1 compliance with PO9.1.
adversely affect the safety of consistent with each relevant Members of the public The location and design of
members of the public accessing planning scheme standard. could approach by vessel the Project does not
State coastal land. or from land (for some adversely affect the safety of
sites). There are gaps members of the public accessing
between the reef patches State coastal land, being primarily
at the seabed and this located on the seabed.
would allow persons to Where the project interfaces with
transit between the reef State coastal land, appropriate
patches. access has been maintained. The key
The design includes location where public safety is a
- Crest level at Mean High concern is the load-out facility and
Water Springs will result in appropriate management and
the works being exposed at separation of project activities from
most tides, although some ongoing public use has been
settlement is expected considered.
initially which may result in
lowering of crest levels.
- Provision of a navigation
buoy and signage at each
site to reduce the risk of
vessel collision with the
works, impacts from
anchoring and warn against
consuming oysters from
the works.
Section 42
Performance outcome Acceptable outcome Applicant response Assessment
- Gaps between reef
patches to be 1-4m wide to
allow for careful transit of
monitoring personnel and
public. This gap widens at
water level due to batter
slopes. A wider gap
(minimum 4m) is provided
where land-based access is
viable and
educational visits could be
considered (including at
Tewantin see NROR-2021-
04).
- Monitoring and
Maintenance.
A Safety in Design
assessment has been
undertaken.
Navigable access to, or egress from, lots that adjoin, or are in the immediate surroundings of, a lot connected to prescribed tidal works
10.1 Prescribed tidal works that are The design and construction of the Not applicable. The Project is not for private
for a private purpose do not prescribed tidal works is The works are not for a purposes therefore PO10.1 is not
adversely affect navigable consistent with the following private purpose. applicable.
access to, or navigable egress standards—
from, any lot that adjoins, or is (a) subject to paragraph (b),
in the immediate surroundings prescribed tidal works—
of, a lot connected to prescribed (i) for a lot connected to the
tidal works. works for which there is
a water allocation area
—are not constructed
outside the water
allocation area; and
Section 43
Performance outcome Acceptable outcome Applicant response Assessment
(ii) for a lot connected to
works for which there is
no water allocation area
—are no closer than
1.5m to that lot’s side
boundary or extended
side boundary;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Infrastructure, including, access, parking, sewerage and water services
11.1 Prescribed tidal works have The infrastructure for prescribed Complies with Performance The applicant has demonstrated
appropriate infrastructure, tidal works is consistent with each Outcome 11.1 compliance with PO11.1.
including, in particular, road relevant planning scheme The nature of the works Infrastructure including access,
access, parking facilities, standard. (i.e. restoration of oyster parking, sewerage and water
sewerage services and water ecosystems) is such that services are not relevant to the
services, having regard to the infrastructure, parking, operational phase of the Project
following— sewerage and water given the nature of the works.
(a) the nature and scale of the services are not required. However where the project
works; interfaces with existing
(b) the number of people that infrastructure during the
may be on or at the works construction phase (particularly at
at any given time; the load-out facility), appropriate
(c) the number of vehicles that management and separation of
may be on or moored at the project activities from existing
works at any given time; infrastructure has been considered.
Section 44
Performance outcome Acceptable outcome Applicant response Assessment (d) the protection of any foreshores near the works and the vegetation and marine plants on the foreshores Design, construction and safety—all prescribed tidal works 12.1 Prescribed tidal works are The design and construction of the Alternative Solution for The applicant has demonstrated designed and constructed in a prescribed tidal works is Performance Outcome compliance with PO12.1. The way to ensure they are consistent with the following 12.1. proposed design and construction of structurally sound, having standards— The rock substrate has the Project is in accordance with regard to the following— (a) subject to paragraph (c), each been designed by ICM to relevant engineering standards (a) relevant engineering Australian Standard relevant be structurally sound, which considers their location and standards; to the design or construction having regard to the purpose, being primarily on the (b) the location of the works; of structures, to the extent following: seabed to provide a restoration (c) the purpose for which the requirements stated in the (a) Relevant Australian substrate. works are to be used; Standard apply to the design Standards and (d) the impact of flooding, or construction of prescribed internationally recognised storm tide, overtopping by tidal works; best practice guidelines. waves, projected sea level (b) subject to paragraph (c), the The structure has been rise, tidal influences and projected sea level rise is certified by an RPEQ hydrodynamic forces; factored into the design and engineer. (e) the design life of the works; construction of the prescribed (b) Site-specific design (f) the dead load of the works tidal works; details have been provided and the intended live load (c) if a relevant planning scheme for Phase 1. The detailed for the works; standard is more stringent design of Phase 2 is (g) the impact of hydrostatic than the standard mentioned required to be undertaken pressures on the works; in paragraph (a) or (b)—the by a coastal engineer, (h) the stability of individual relevant planning scheme including consideration of components of the works, standard, to the extent it is site-specific parameters including, for example, more stringent than the and selection of a stabile boulders, concrete blocks standard mentioned in rock grading. Refer ICM or sandbags paragraph (a) or (b).
Section 45
Performance outcome Acceptable outcome Applicant response Assessment
drawing NROR-2012-02
(particularly notes 1 & 2).
(c) The works are to
provide a suitable
substrate for habitat
enhancement and restore
rock oyster ecosystems
throughout the Noosa
River.
(d) The design considers
forces resulting from tidal
and flood flows as well as
wave action and vessel
wake. Due to the nature of
the works, crest levels have
been selected to optimise
habitat suitability for the
target species. High tides,
storm tides and flooding
would be expected to
result in overtopping of the
structure. The need for
future adaptation in
response to climate change
will be dependent on
monitoring of ecosystem
health over time.
(e) The design life of the
works is 50 years, although
maintenance, modification
or adaptation may be
required during this time in
Section 46
Performance outcome Acceptable outcome Applicant response Assessment
response to monitoring of
habitat development.
(f) Stability of rock
structures has been
determined in accordance
with best practice
guidelines. It is not
intended for the works to
be trafficable by
pedestrians as this would
negatively impact on the
habtitat.
(g) The design considers
that the works will be
underwater at times and
subject to hydrostatic
pressures, but given the
nature of the works this is
not critical to the design.
(h) The stability of
individual rocks has been
determined based on
internationally recognised
world’s best practice
guidelines. Rock structure
are inherently flexible and
able to accommodate
some movement or
displacement of individual
boulders, which may occur
during a design event. This
Section 47
Performance outcome Acceptable outcome Applicant response Assessment
is to be addressed through
maintenance if required.
The oyster shell is not
inherently stable in the
design site conditions, but
shell stability has been
optimised by the use of
whole shell, the mixing of
shell with the rocky
substrate to secure it
within the rocky matrix,
the placement of loose
oyster cultch as a single
layer by hands into
interstitial voids and the
capping of the volume of
loose shell placed to
10kg/m3. Refer ICM
drawing NROR-2021-02
Notes 3 & 5 for placement
requirements. Where
monitoring identifies
displaced shell that is more
than 5m outside the
Restoration Site, it is to be
removed in the event that
it is resulting in negative
impacts. Refer ICM drawing
NROR2021-00 Note 4.2 and
Project Restoration Plan.
12.2 Prescribed tidal works do not The design and construction of the Complies with Performance The applicant has demonstrated
adversely affect the structural prescribed tidal works is Outcome 12.2. compliance with PO12.2. Given the
Section 48
Performance outcome Acceptable outcome Applicant response Assessment
integrity of any existing consistent with the following The works allow for a proposed minimum distance from
revetment or seawall or another standards— minimum distance of at existing structures and absence of
existing structure. (a) subject to paragraph (b), least 30m from existing project components relating to (a) (i)
prescribed tidal works, tidal works. As such, it is and (ii), the Project will not impact
including any abutment, not anticipated that the on other existing structures.
piling or other structure works will impact on any
connected with the works— existing structure.
(i) do not place an
additional load on any
existing revetment or
seawall or another
existing structure; or
(ii) can be structurally
supported by an existing
revetment or seawall or
another existing
structure;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
12.3 Prescribed tidal works are The design and construction of the Complies with Performance The applicant has demonstrated
designed and constructed in a prescribed tidal works is Outcome 12.3. compliance with PO12.3 subject to
way to ensure they do not consistent with the following The purpose of the works is monitoring.
adversely affect the stability of standards— not to provide erosion Given the nature of the works
the bed and banks of tidal water. (a) subject to paragraph (b), protection, but to restore (placement of additional oyster/rock
prescribed tidal works do not rock oyster ecosystems substrates on the seabed) there is
Section 49
Performance outcome Acceptable outcome Applicant response Assessment
cause, by changing the flow throughout the Noosa the potential for short-term
of water, the removal of, or River. disturbance to the stability of the
disturbance to, the sediment However, Concept Layouts bed and banks of tidal water. The
on the bed and banks of tidal 2 & 3 (segmented Project demonstrates appropriate
water; longshore modules most mitigation and management
(b) if a relevant planning scheme suitable for locations which measures have been considered
standard is more stringent are vulnerable to erosion through the Noosa Oyster Ecosystem
than the standard mentioned and adopted for Phase 1) Restoration Project – Project
in paragraph (a)—the are anticipated to act as a Restoration Plan. In addition, as
relevant planning scheme segmented reef patches required under condition 21 of SARA
standard, to the extent it is and provide some Decision Notice, the Inspection and
more stringent than the sheltering to the shoreline Monitoring Program will monitor any
standard mentioned in from wave action and potential impacts and provide
paragraph (a). vessel wake and result in management measures to remediate
reduced erosion. The any adverse impacts should they
layout is aligned with the occur.
river flows and provide Furthermore, the works must be
gaps between reef patches undertaken in accordance with an
to limit potential for approved Construction
impacts on natural Environmental Management Plan
processes. (CEMP) as per Council approval
The proposed works are conditions.
not expected to adversely
affect the stability of the
bed or banks of tidal
waters. Some settlement
or localised scour on the
seaward side may occur
and the works are
expected to be reprofiled
or topped up in response.
Section 50
Performance outcome Acceptable outcome Applicant response Assessment
12.4 Prescribed tidal works are The design and construction of the Complies with Performance The applicant has demonstrated
designed and constructed using prescribed tidal works is Outcome 12.4. compliance with PO12.4. Given the
materials suitable for marine consistent with the following The rock utilised is to be nature of the Project and the
environments, having regard to standards— suitable for use in the materials proposed, the works are
their ability to resist the (a) subject to paragraph (b), each marine environment. It is suitable for the marine environment
following— Australian Standard relevant not vulnerable to attack by and comply with relevant Standards.
(a) attack by marine to the materials that should be marine organisms,
organisms; used, or the measures that corrosion, deterioration,
(b) corrosion; should be taken to treat abrasion, immersion in
(c) deterioration or breakage materials used, for structures, seawater or wave action
resulting from exposure to to the extent the requirements within the life of the works.
environmental conditions stated in the Standard apply For specifications, refer
including, for example, the to structures located in a ICM drawing NROR-2021-
following— marine environment; 02 Note 2.1.
(i) abrasion; (b) if a relevant planning scheme The cured oyster shell was
(ii) immersion in standard is more stringent originally sourced from
seawater; than the standard mentioned within the marine
(iii) wave action in paragraph (a)—the environment and is
relevant planning scheme suitable for use in the
standard, to the extent it is Noosa River subject to
more stringent than the curing in accordance with
standard mentioned in relevant legislation. For
paragraph (a). specifications, refer ICM
drawing NROR-2021-02
and Project Restoration
Plan.
12.5 Prescribed tidal works are The design and construction of the Complies with Performance The applicant has demonstrated
designed and constructed in a prescribed tidal works is Outcome 12.5. compliance with PO12.5. The works
way to ensure they do not consistent with the following The works are seaward of are satisfactorily located in order to
adversely affect the operation or standards— MHWS and will not avoid impact to existing stormwater
maintenance of any existing (a) subject to paragraph (c), adversely affect the outlets.
stormwater outlet. vessels moored at prescribed operation or maintenance
Section 51
Performance outcome Acceptable outcome Applicant response Assessment
tidal works do not impede the of any existing stormwater
discharge of stormwater; outlet.
(b) subject to paragraph (c),
prescribed tidal works do not
restrict access to any
stormwater outlet;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
12.6 Prescribed tidal works are The design and construction of the Complies with Performance The Project satisfactorily complies
designed and constructed in a prescribed tidal works is Outcome 12.6 (subject to with PO12.6 subject to monitoring.
way to ensure they do not consistent with the following monitoring) Given the nature of the works
adversely affect the water standards— As oysters are filter (placement of additional oyster/rock
quality of tidal water, including, (a) subject to paragraph (b), each feeders, the works would substrates on the seabed) there is
in particular, as a result of— Australian Standard relevant be expected to result in the potential for short-term impacts
(a) release, into the tidal water, to the design or construction improved water quality to water quality.
of materials used in the of structures under, within or outcomes for the Noosa The Project demonstrates
construction of the works; over tidal water, to the extent River. appropriate mitigation and
or the requirements stated in the During construction, rock management measures have been
(b) disturbance to the sediment Standard are directed at placement activities may considered through the Noosa
on the bed and banks of the maintaining the water quality result in some suspension Oyster Ecosystem Restoration
tidal water; or of tidal water; of sediment. Construction Project – Project Restoration Plan. In
(c) exposure to acid sulphate (b) if a relevant planning scheme materials are to be clean addition, as required under
soils standard is more stringent and free of topsoil or condition 21 of SARA Decision
than the standard mentioned organic material. Notice, the Inspection and
in paragraph (a)—the Construction is to be Monitoring Program will monitor any
Section 52
Performance outcome Acceptable outcome Applicant response Assessment
relevant planning scheme managed to minimise potential impacts and provide
standard, to the extent it is potential for impacts and management measures to remediate
more stringent than the monitoring of sensitive any adverse impacts should they
standard mentioned in receptors is to be occur.
paragraph (a). undertaken. Detailed Furthermore, the works must be
requirements are outlined undertaken in accordance with an
in ICM drawing NROR- approved Construction
2021-02 and section 6.4 of Environmental Management Plan
the Project Restoration (CEMP) as per Council approval
Plan. conditions.
a) Construction waste
or excess materials
are not to be
released into tidal
waters.
b) Works do not
include
disturbance of
sediment on the
seabed or banks.
Incidental
disturbance as a
result of rock
placement is to be
minimised and
monitored as
described above.
c) Works do not
include
disturbance or
exposure of
sediment (Acid
Section 53
Performance outcome Acceptable outcome Applicant response Assessment
Sulphate Soils or
otherwise).
12.7 Prescribed tidal works are The design and construction of the Complies with Performance The applicant has demonstrated
designed and constructed in a prescribed tidal works is Outcome 12.7. compliance with PO12.7.
way to ensure they are safe for consistent with the following The works have been The Project is designed and
persons using the works. standards— designed to be stable and constructed in a way to ensure they
(a) subject to paragraph (d), each well interlocked with gaps are safe for persons using them,
Australian Standard relevant between reef patches that given they are primarily located on
to the design or construction are 1-4m wide at the the seabed for oyster habitat
of structures, the materials seabed. The works are restoration purposes. The key
that should be used, or the considered to be generally location where public safety is a
measures that should be taken safe for an aware person concern is the load-out facility and
to treat materials used, for monitoring the works appropriate management and
structures, to the extent the and/or carefully traversing separation of project activities from
requirements stated in the between individual ongoing public use has been
Standard are directed at modules. The modules considered.
ensuring any surface of themselves are not
prescribed tidal works on intended to be traversed
which a person may stand or and are designed to have
walk is— uneven surfaces with voids
(i) not slippery; and and loose oyster shell to
(ii) does not have any provide a suitably complex
feature that may cause habitat that has the
the person to trip or fall; potential to provide a trip
(b) subject to paragraph (d), any hazard. Over time, these
part of prescribed tidal works surfaces are intended to be
that is unsafe for persons inhabited by oysters and
using the works is surrounded other species which could
by adequate barriers to deter result in the rocks
persons from entering the becoming both slippery
part; and sharp. These risks are
(c) subject to paragraph (d), each inherent with the natural
Section 54
Performance outcome Acceptable outcome Applicant response Assessment
Australian Standard relevant type of habitat being
to the design or construction restored and while they
of structures, to the extent the have been minimised
requirements stated in the where possible they cannot
Standard are directed at be eliminated. Monitoring
ensuring prescribed tidal and maintenance is
works provide safety ladders required (particularly in the
or other design features for years after deployment).
the safety of a person who Refer to the Safety in
falls off the works into water; Design assessment for
(d) if a relevant planning scheme additional detail.
standard is more stringent
than the standard mentioned
in paragraph (a), (b) or
(c)—the relevant planning
scheme standard, to the
extent it is more stringent
than the standard mentioned
in paragraph (a), (b) or (c).
12.8 Appropriate measures are taken The design and construction of the Complies with Performance The applicant has demonstrated
for prescribed tidal works for a prescribed tidal works is Outcome 12.8. compliance with PO12.8. The Project
non-private purpose to ensure an consistent with the following The works are to be demonstrates appropriate measures
unsupportable live load is not standards— marked by a buoy with (signage and marker buoys) to avoid
applied to the works by persons (a) subject to paragraph (b), signage indicating that the an unsupportable live load being
or vehicles. prescribed tidal works have works are a restoration applied to the works.
erected or placed in position area. Details are available
on or near the works, a sign in section 7 of the Project
that— Restoration Plan.
(i) is visible at all times;
and
(ii) states the maximum live
load that may be applied
Section 55
Performance outcome Acceptable outcome Applicant response Assessment
to the works, in terms of
the maximum number of
persons that may be on
the works at any given
time or the maximum
number of vehicles of a
particular type that may
be on or moored at the
works at any given time;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
12.9 Prescribed tidal works, other The design and construction of the Not applicable. The Project is not located within a
than a prescribed deck for a prescribed tidal works is Not in a canal. canal therefore PO12.9 is not
private purpose, are designed consistent with each relevant applicable.
and constructed in a way to planning scheme standard.
ensure the use of tidal water in a
canal for a non-maritime
purpose is minimised.
12.10 Prescribed tidal works that are (s 5(2) outcome) Not applicable. The Project is not a prescribed deck
a prescribed deck and for a The design and construction of the Not a deck for a private for a private purpose therefore
private purpose, are designed prescribed deck is consistent with purpose. PO12.10 is not applicable.
and constructed in a way to the following standards—
ensure the use of tidal water in a (a) subject to paragraph (c), a
canal for a non-maritime prescribed deck does not
purpose is minimised. extend more than 3m from
Section 56
Performance outcome Acceptable outcome Applicant response Assessment
the waterfront boundary of
the lot connected to the deck;
(b) subject to paragraph (c), a
prescribed deck is at least 3m
inside of the side boundary or
extended side boundary of
the lot connected to the deck;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
Design, construction and safety—boat ramps and slipways for private purpose
13.1 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a boat ramp or
boat ramp or slipway for a The design and construction of the Not a boat ramp or slipway therefore PO13.1 is not
private purpose are designed and boat ramp or slipway is consistent slipway. applicable.
constructed in a way to ensure with the following standards—
they are structurally sound while (a) subject to paragraph (c), the
also ensuring the safe movement walls at the edge of the boat
of vehicles or persons between ramp or slipway penetrate
the boat ramp or slipway and the into the earth at least 600mm
surface of the land on which the below the surface of the land
boat ramp or slipway is located. on which the boat ramp or
slipway is located;
(b) subject to paragraph (c), the
surface of the boat ramp or
slipway is no more than
200mm above the surface of
Section 57
Performance outcome Acceptable outcome Applicant response Assessment
the land on which it is
located;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
13.2 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a boat ramp or
boat ramp or slipway for a The design and construction of the Not a boat ramp or slipway therefore PO13.2 is not
private purpose are designed and boat ramp or slipway is consistent slipway. Not a private applicable.
constructed in a way to ensure with the following standards— purpose.
the safe movement of vehicles or (a) subject to paragraph (d), the
persons over the boat ramp or upper surface of a boat ramp
slipway. or slipway has a width of—
(i) for a boat ramp or
slipway with vehicle
access—no less than
3.6m; or
(ii) for a boat ramp or
slipway without vehicle
access—no less than
3.0m;
(b) subject to paragraph (d), the
whole upper surface of a boat
ramp or slipway is treated to
prevent it from becoming
slippery by using any of the
following methods—
Section 58
Performance outcome Acceptable outcome Applicant response Assessment
(i) forming grooves over
the surface, as close as
possible to 40mm wide,
20mm deep and 150mm
apart, and at an angle as
close as possible to 70°
to the centre-line of the
boat ramp or slipway;
(ii) covering the surface
with a substance
ordinarily used on
slippery surfaces to
prevent skidding;
(iii) making, through a
physical act, the surface
coarse before it sets,
including, for example,
by raking the surface;
(c) subject to paragraph (d), the
upper surface of a boat ramp
or slipway for which a winch
is not used to hoist or haul
vessels onto the boat ramp or
slipway is at a gradient of not
steeper than—
(i) if the surface is treated
by using a method
mentioned in paragraph
(b)(i) or (ii)—1:7; or
(ii) otherwise—1:10;
(d) if a relevant planning scheme
standard is more stringent
Section 59
Performance outcome Acceptable outcome Applicant response Assessment
than the standard mentioned
in paragraph (a), (b) or
(c)—the relevant planning
scheme standard, to the
extent it is more stringent
than the standard mentioned
in paragraph (a), (b) or (c).
Design, construction and safety—bridges
14.1 Prescribed tidal works that are a The design and construction of the Not applicable The Project is not a bridge therefore
bridge do not adversely affect bridge is consistent with the Not a bridge PO14.1 is not applicable.
existing public use of tidal following standards—
water, including, for example, (a) subject to paragraph (b), the
use of the tidal water for clearance levels under a
canoeing, swimming or other bridge are high enough to
recreational activities. allow continued public use of
tidal water over which it is
constructed;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
14.2 Prescribed tidal works that are a The design and construction of the Not applicable The Project is not a bridge therefore
bridge do not adversely affect bridge is consistent with the Not a bridge. PO14.1 is not applicable.
the flow of tidal water under the following standards—
bridge. (a) subject to paragraph (b)—
(i) if a bridge can be
adequately supported
Section 60
Performance outcome Acceptable outcome Applicant response Assessment
without erecting or
placing a foundation
support in tidal
water—no foundation
support to support the
bridge is erected or
placed in the tidal water;
or
(ii) otherwise—only the
minimum number of
foundation supports
required to support the
bridge is used;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Design, construction and safety—prescribed decks
15.1 Prescribed tidal works that are a (s 5(2) outcome) Not applicable The Project is not a prescribed deck
prescribed deck and for a private The design and construction of the Not a deck therefore PO15.1 is not applicable.
purpose are designed and prescribed deck is consistent with
constructed in a way to ensure the following standards—
the deck is able to support its (a) subject to paragraph (b), each
intended loads, having regard to of the following Australian
its relevant loading matters. Standards to the extent
requirements stated in the
Standard apply to relevant
Section 61
Performance outcome Acceptable outcome Applicant response Assessment
loading matters for the design
or construction of the
prescribed deck—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 4997;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
15.2 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a prescribed deck
prescribed deck and for a The design or construction of the Not a deck. therefore PO15.2 is not applicable.
non-private purpose are prescribed deck is consistent with
designed and constructed in a the following standards-
way to ensure the deck is able to (a) subject to paragraph (b), each
support its intended loads, of the following Australian
having regard to its relevant Standards to the extent
loading matters. requirements stated in the
Standard apply to relevant
loading matters for the design
or construction of a
prescribed deck—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
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Performance outcome Acceptable outcome Applicant response Assessment
(v) AS 4997;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
15.3 Prescribed tidal works that are a The design and construction of the Not applicable. The Project is not a prescribed deck
prescribed deck do not prevent prescribed deck is consistent with Not a deck. therefore PO15.3 is not applicable.
or hinder remedial work being the following standards—
undertaken on any bank of tidal (a) subject to paragraph (b), a
water or for any existing prescribed deck either—
revetment or seawall or another (i) can be easily dismantled
existing structure. and reassembled; or
(ii) does not restrict the
movement of machinery
ordinarily used for
remedial work to any
bank of tidal water or
any existing revetment
or seawall or other
existing structure;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
Section 63
Performance outcome Acceptable outcome Applicant response Assessment
standard mentioned in
paragraph (a).
Design, construction and safety—jetties and piers
16.1 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a jetty or pier
jetty or pier are designed and The design and construction of the Not a jetty or pier. therefore PO16.1 is not applicable.
constructed in a way to ensure jetty or pier is consistent with the
the jetty or pier is able to support following standards-
its intended loads, having regard (a) subject to paragraph (b), each
to its relevant loading matters. of the following Australian
Standards to the extent
requirements stated in the
Standard apply to relevant
loading matters for the design
or construction of the jetty or
pier—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
16.2 Prescribed tidal works that are a The design and construction of the The Project is not a jetty or pier
jetty or a pier are designed and jetty or pier is consistent with the therefore PO16.2 is not applicable.
constructed in a way to ensure following standards—
Section 64
Performance outcome Acceptable outcome Applicant response Assessment
the jetty or pier remains above (a) subject to paragraph (b),
the water at highest either—
astronomical tide. (i) the level of the deck of
the jetty or pier is at
least 300mm above the
water at highest
astronomical tide; or
(ii) piles or other markers
indicate the presence of
the jetty or pier when the
jetty or pier is less than
300mm above the water
at highest astronomical
tide;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
16.3 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a jetty or pier
jetty or pier and for a private The design and construction of the Not a jetty or pier. therefore PO16.3 is not applicable.
purpose and are on State tidal jetty or pier is consistent with the
land are designed and following standards—
constructed in a way to ensure (a) subject to paragraph (b)—
the jetty or pier is of a size (i) all parts of the deck of
suitable for the use of a vessel the jetty or pier have a
while still minimising the width of at least 900mm
amount of tidal water occupied and not more than 3m;
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Performance outcome Acceptable outcome Applicant response Assessment
by the jetty or pier. and
(ii) all parts of the jetty or
pier are within a water
allocation area for the
lot connected to the jetty
or pier;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Design, construction and safety—pipelines and other underground services
17.1 The design and construction of s 5(2) outcome) Not applicable. The Project is not a pipeline or
prescribed tidal works that are a The design and construction of the Not underground services. underground service therefore
pipeline or another underground pipeline or underground service is PO17.1 is not applicable.
service ensures vessels consistent with the following
anchoring near the works can standards—
not interfere with, or damage, (a) subject to paragraph (b)—
the works. (i) for a pipeline that is gas
or liquid petroleum
pipeline—AS/NZS 2885
to the extent
requirements stated in
the Standard apply to the
design or construction of
the pipeline; or
(ii) for another pipeline or
other underground
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Performance outcome Acceptable outcome Applicant response Assessment
service—the pipeline or
service is installed at
least 1.2m below the
surface of land, after it is
installed;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Design, construction and safety—pontoons
18.1 Prescribed tidal works that are a s 5(2) outcome) Not applicable. The Project is not a pontoon
pontoon and not used only for The design and construction of the Not a pontoon. therefore PO18.1 is not applicable.
rowing, are designed and pontoon is consistent with the
constructed in a way to ensure following standards—
the pontoon is able to support its (a) subject to paragraph (b), each
intended loads, having regard to of the following Australian
its relevant loading matters. Standards to the extent
requirements stated in the
Standard apply to relevant
loading matters for the design
or construction of the
pontoon—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 3962;
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Performance outcome Acceptable outcome Applicant response Assessment
(vi) AS 4997;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
18.2 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a pontoon
pontoon and used only for The design and construction of the Not a pontoon. therefore PO18.2 is not applicable.
rowing are designed and pontoon is consistent with the
constructed in a way to ensure— following standards—
(a) the pontoon is able to (a) subject to paragraph (b)—
support its intended loads, (i) for a pontoon
having regard to its relevant constructed within a
loading matters; and marina—AS 3962 to the
(b) the pontoon is safe for extent requirements
persons using the pontoon stated in the Standard
to launch and retrieve apply to relevant loading
rowing vessels. matters for the design or
construction of the
pontoon; or
(ii) for a pontoon not
constructed within a
marina—
(A) the access walkway
of a pontoon used
only for rowing is
able to support at
least a live load of
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Performance outcome Acceptable outcome Applicant response Assessment
3.0kPa; and
(B) the flotation unit of
a pontoon used
only for rowing is
able to support at
least a live load of
1.5kPa; and
(C) at least 75mm of
the height of the
pontoon’s flotation
unit will remain
above the surface
of the water over
which it is
constructed if a
distributed live load
is applied to half of
the surface of the
pontoon’s flotation
unit and all of the
surface of the
pontoon’s access
walkway;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
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Performance outcome Acceptable outcome Applicant response Assessment
18.3 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a pontoon
pontoon are designed and The design and construction of the Not a pontoon. therefore PO18.3 is not applicable.
constructed in a way to ensure pontoon is consistent with the
any load applied to the pontoon following standards—
by a person or thing on the (a) subject to paragraph (b)—
pontoon does not cause the (i) for a pontoon
pontoon to tip over or tilt to a constructed within a
degree causing the person or marina—AS 3962 to the
thing to fall off the pontoon. extent requirements
stated in the Standard
apply to relevant loading
matters for the design or
construction of the
pontoon; or
(ii) for a pontoon not
constructed within a
marina—
(A) the pontoon’s
access walkway
extends at least
500mm onto the
pontoon’s flotation
unit; and
(B) for a pontoon used
only for
rowing—at least
75mm of the height
of the pontoon’s
flotation unit
remains above the
water over which it
is constructed if a
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Performance outcome Acceptable outcome Applicant response Assessment
distributed live load
is applied to half of
the surface of the
pontoon’s flotation
unit and all of the
surface of the
pontoon’s access
walkways; and
(C) for a pontoon other
than a pontoon
mentioned in
sub-subparagraph
(B)—the top
surface of the
pontoon’s flotation
unit remains above
the water over
which it is
constructed if a
distributed live load
of 1.5kPa is applied
to half of the
surface of the
pontoon’s flotation
unit and all of the
surface of the
pontoon’s access
walkways; and
(D) the whole base of
the pontoon’s
flotation unit
remains in contact
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Performance outcome Acceptable outcome Applicant response Assessment
with the water over
which it is
constructed at all
times and tilts no
more than 15º at
any time;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
18.4 Prescribed tidal works that are a The design and construction of the Not applicable. The Project is not a pontoon
pontoon are designed and pontoon is consistent with the Not a pontoon. therefore PO18.4 is not applicable.
constructed in a way to ensure following standards—
the pontoon’s flotation unit (a) subject to paragraph (c), the
will— pontoon’s flotation unit is—
(a) rise and fall to allow for a (i) attached, through the
change in tidal water levels, pontoon’s system for
including a change caused mooring the unit, to
by a flood or storm tide; concrete anchors in the
and bank landward of the
(b) not be separated from the pontoon; or
lot to which the pontoon is (ii) moored by piles;
connected because of— (b) subject to paragraph (c), if a
(i) a change in tidal water tidal water level change
levels mentioned in resulting from a flood or
paragraph (a); or storm tide with an AEP of 1%
(ii) the flow of tidal water would cause a pontoon’s
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Performance outcome Acceptable outcome Applicant response Assessment
around the pontoon, flotation unit to detach from
including tidal water the system for mooring the
affected by a flood or unit—
storm tide. (i) the standard applying
under paragraph (a); and
(ii) the pontoon’s flotation
unit is restrained with a
tethering system so that
it can withstand the
effects of the event;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
18.5 Prescribed tidal works that are a The design and construction of the Not applicable. The Project is not a pontoon
pontoon identifies the lot to pontoon is consistent with the Not a pontoon. therefore PO18.5 is not applicable.
which the pontoon is connected. following standards—
(a) a label that identifies the lot
to which the pontoon is
connected is written or
stamped on, or fixed to, the
outside of the pontoon’s
flotation unit;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
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Performance outcome Acceptable outcome Applicant response Assessment
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
18.6 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a pontoon
pontoon permanently used for The design and construction of the Not a pontoon. therefore PO18.6 is not applicable.
the fuelling of, or the storage of pontoon is consistent with the
fuel for, vessels are designed and following standards—
constructed in a way to ensure— (a) subject to paragraph (c), each
(a) the pontoon is able to of the following Australian
support its intended loads, Standards to the extent
having regard to its relevant requirements stated in the
loading matters; and Standard apply to relevant
(b) the pontoon is safe for loading matters for the design
persons using the pontoon. or construction of the
pontoon—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) subject to paragraph (c),
AS 3962 to the extent
requirements stated in the
Standard apply to a pontoon
permanently used for the
fuelling of, or the storage of
fuel;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
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Performance outcome Acceptable outcome Applicant response Assessment
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
Design, construction and safety—revetments and seawalls
19.1 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a revetment or
revetment or seawall, are The design and construction of the Not a revetment or seawall therefore PO19.1 is not
designed and constructed in a revetment or seawall is consistent seawall. applicable. However as detailed, the
way to ensure the revetment or with the following standards— Despite this, it is noted that Project has considered the rock size
seawall is able to support its (a) subject to paragraph (c), each the rock size for the reef for the reef substrate to be stable for
intended loads, having regard to of the following Australian substrate has been intended loads including wave and
its relevant loading matters and Standards to the extent selected to be stable for current conditions.
its intended design life. requirements stated in the the intended loads
Standard apply to relevant including wave and current
loading matters for the design conditions anticipated at
or construction of the the site for a 50 year ARI
revetment or seawall— event.
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) subject to paragraph (c),
AS 4678 to the extent
requirements stated in the
Standard apply to
earth-retaining structures;
(c) if a relevant planning scheme
standard is more stringent
than the standard mentioned
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Performance outcome Acceptable outcome Applicant response Assessment
in paragraph (a) or (b)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a) or (b).
19.2 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a revetment or
revetment or seawall, are The design and construction of the Not a revetment or seawall therefore PO19.2 is not
designed and constructed in a revetment or seawall is consistent seawall. applicable.
way to ensure the revetment or with the following standards— Despite this, it is noted that
seawall can withstand— (a) subject to paragraph (d), a a) as a flexible rock
(a) any tendency of revetment or seawall is able structure, failure modes do
overturning or sliding; and to withstand the effect of not include overturning or
(b) any other effects of waves waves, or a combination of turning
or changes in water levels waves and water levels, b) the structure has been
on the revetment or resulting from a storm event designed in a way that it
seawall. with an AEP of 2%, factoring can withstand the effects
in projected sea level rise; of waves and water levels.
(b) subject to paragraph (d), each
of the following Australian
Standards to the extent
requirements stated in the
Standard apply to relevant
loading matters for the design
or construction of the
revetment or seawall—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997
(c) subject to paragraph (d),
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Performance outcome Acceptable outcome Applicant response Assessment
AS 4678 to the extent
requirements stated in the
Standard apply to
earth-retaining structures;
(d) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a), (b) or
(c)—the relevant planning
scheme standard, to the
extent it is more stringent
than the standard mentioned
in paragraph (a), (b) or (c).
19.3 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a revetment or
revetment or seawall are The design and construction of the Not a revetment or seawall therefore PO19.3 is not
designed and constructed to revetment or seawall is consistent seawall. applicable.
protect the revetment or seawall with the following standards— Despite this, it is noted that
from erosion at the base of the (a) subject to paragraph (d), a the rock structure is
revetment or seawall. revetment or seawall provides expected to experience
for a sub-layer or enough some slumping over time
filter material to prevent with subsequent top-up in
erosion of the land under the response to monitoring.
revetment or seawall; This is to avoid the use of
(b) subject to paragraph (d), the geotextiles or scour aprons
bottom edge of the base of a which would restrict access
revetment or seawall will between individual reef
withstand undermining by patches for the purposes of
scour; monitoring. Refer ICM
(c) subject to paragraph (d), Drawing NROR-2021-00
AS 2758 to the extent Note 4.
requirements stated in the
Standard apply to the sizing
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Performance outcome Acceptable outcome Applicant response Assessment
and grading of filter layers
and armour materials;
(d) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a), (b) or
(c)—the relevant planning
scheme standard, to the
extent it is more stringent
than the standard mentioned
in paragraph (a), (b) or (c).
19.4 Prescribed tidal works that are a The design and construction of the Not applicable. The Project is not a revetment or
revetment or seawall are not revetment or seawall is consistent Not a revetment or seawall therefore PO19.4 is not
adversely affected by with the following standards— seawall. applicable.
hydrostatic pressure. (a) subject to paragraph (b),
AS 4678 to the extent
requirements stated in the
Standard apply to hydrostatic
pressure for earth-retaining
structures;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Design, construction and safety—wharves
20.1 Prescribed tidal works that are a (s 5(2) outcome) Not applicable. The Project is not a wharf therefore
wharf are designed and The design and construction of the Not a wharf. PO20.1 is not applicable.
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Performance outcome Acceptable outcome Applicant response Assessment
constructed in a way to ensure it wharf is consistent with the
is able to support its intended following standards—
loads, having regard to its (a) subject to paragraph (b)—
relevant loading matters. (i) for a wharf constructed
within a
marina—AS 3962 to the
extent requirements
stated in the Standard
apply to relevant loading
matters for the design or
construction of the
wharf; or
(ii) for a wharf not
constructed within a
marina—each of the
following Australian
Standards to the extent
requirements stated in
the Standard apply to
relevant loading matters
for the design or
construction of the
wharf—
(A) AS/NZS 1170.0;
(B) AS/NZS 1170.1;
(C) AS/NZS 1170.2;
(D) AS 1170.4;
(E) AS 4997;
(b) if a relevant planning scheme
standard is more stringent
than the standard mentioned
in paragraph (a)—the
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Performance outcome Acceptable outcome Applicant response Assessment
relevant planning scheme
standard, to the extent it is
more stringent than the
standard mentioned in
paragraph (a).
Section 80
marine approval specialists