Decision Notice - Concurrence Agency - Q.T (Maritime Safety Queensland) [As Published] · 142007.2333

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      07/65-2                        Side Elevation, Front Elevation, Section A, Detail 1,   May 2007
                                     Detail 2, Detail 3 – John Norden & Associates

      and as may be amended by these conditions.
2.    The length of the walkway platform at RL2.05 shall be reduced so that the stairs to the lower
      platform are located within 2.5metres of the revetment wall.
3.    Structures should be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall.
4.    A rigid handrail shall be fitted on one side of the walkway.
5.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
      unless they provide support for the handrail.
6.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
      elevating a vessel above the water without Council approval.
7.    The jetty shall be constructed in a manner to render the underside area vermin proof.
8.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
9.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10.   The jetty is to be used for private purposes only with no commercial operations are to be
      undertaken.
11.   Boat repair activities will not be permitted on site.
12.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13.   The mooring facility shall not be utilised for live-aboard purposes.
14.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
15.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. Also any
      approval granted does not warrant that such plans and specifications have been checked in
      detail, nor does it absolve the owner of the land from complying with all the conditions of this
      approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
      statutory regulations in the execution and/or performance of said works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
16.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the jetty has been constructed in accordance with best practice methods, is in accordance with
      Coastal Protection and Management Act 1995, is structurally sound and will have no
      detrimental affect on the existing revetment walls.
17.   A final inspection and approval of the structure by Council’s Inspector is required prior to the
      return of any bond monies held by Council. Please contact Council’s Land Development
      Section to arrange the inspection.
18.   The jetty shall be licensed with the Council upon completion of the structural work and shall be
      licensed annually thereafter.
19.   The Development Permit for Operational Works of use of premises lapses if the works have
      not been completed by 11 November 2010, unless an application to extend the currency is
      approved by Council.
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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency        Referral Address

 Operational work that is    Concurrence         Queensland             MacArthur  Ave    East
 Prescribed Tidal Work                           Transport - Maritime   PINKENBA QLD 4008
                                                 Safety Queensland

 Operational work that is    Concurrence         Environmental          Ecoaccess Customer
 Prescribed Tidal Work                           Protection Agency      Service Unit
                                                                        PO Box 15155
                                                                        CITY EAST QLD 4002
A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.        Rev.   Plan / Document Name                       Date
 07/65-1                           Framing Layout, Water Allocation Plan      May 2007
                                   – John Norden & Associates
 07/65-2                           Side Elevation, Front Elevation, Section   May 2007
                                   A, Detail 1, Detail 2, Detail 3 – John
                                   Norden & Associates

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the Integrated
   Planning Act must be made. Amended plans clearly indicating the changes must be lodged with
   this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
   Local Law No. 12, prevents a builder or building contractor carrying out building work on a
   building site in a way that makes or causes audible noise to be made from the building work:-
    2.1. On a Sunday or public holiday, at any time; or
    2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
    A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the
   cost of operational works exceeds $80,000, then a portable long service leave levy is required to
   be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
   form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
   that confirms that the requirements of the Act have been satisfied. A statutory declaration
   outlining the cost of the operational works must be submitted to Council prior to commencement
   of work.




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Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
Not applicable

12     SUBMISSIONS

Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS

Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.




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Yours faithfully,




Denis Wallace
PLANNING OFFICER




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Yours faithfully,

Denis Wallace
PLANNING OFFICER

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Referral  Agency Conditions –
Queensland Transport – Maritime
Safety Queensland
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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6. The existing pontoon at this property is to be removed.

7. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on channel
depths and draft restrictions.

8. Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 aud the
Transport Operations (Marine Pollution) Act 1995.

9. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.

10. Any ship moored at this jetty must not impede the safe navigation of other ships or restrict safe
access to or from neighbouring structures.

11. Any ship moored or dry berthed at this structure must not exceed the following sizes:

Wet Berth Dry Berth *
Length Overall - 5.0 metres NIA
Beam - 2.0 metres

12, The contractor must construct the jetty within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.

The above conditions must be included in your application to the assessment manager.

This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

Captain Ric Johnsor
Regional i arson

Maritime Safety Quesnsiand Page 2 of 2

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Referral Agency Conditions                           –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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Concurrence Agency.Response

EPA Permit number: 1PCC01226208

 

 

 

Plan / Drawing numbers Date
07/65-1 A prepared by S Ashton (John Norden & Associates) May. 2007
07/65-2 prepared by S Ashton (John Norden & Associates) May 2007

 

 

 

 

2. Removal of the existing pontoon:

(a) All debris created from the removal of the existing structure must be removed and disposed of
in an appropriate manner above the level of highest astronomical tide.
(b) Any material or debris that falls or is deposited on tidal lands during the removal of the existing
pontoon structure must be removed by the constructing authority at its cost and expense prior
“to the completion of.the works. &
3. All reasonable and practicable measures must be taken to minimise pollution of tidal waters-as a s
result of sediment runoff, and the discharge of other contaminants, including fuel, oil, construction
waste and hydraulic fluid to the waterway during construction of the works.

Reasons for inclusion of development conditions

In accordance with section 3.3.18(8) of the Integrated Planning Act 1997 and section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:

The Environmental Protection Agency is a concurrence agency under the Integrated Planning Regulation 1998
for coastal management under the Coastal Projection and Management Act 1995, excluding amenity or
aesthetic significance or value.

Additional information for applicants

Contaminated Land

Itis a requirement of the Environmenial Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined. by Schedule 2 of the Environmental Protection Act 1994) is being carried out on
the land or that the land has been affected by a hazardous contaminant; they must, within 30 days after
becoming so aware, give notice to the Environmental Protection Agency.

Ben Salo

Delegate ° ‘
Environmental Protection Agency .
20-OCT-2008

 

 

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Se

e Concurrence Agency Response

EPA Permit number: _IPCC01226208

DEFINITIONS

Words and phrases used throughout this permit’ are defined below. Where a definition fora term used in this
permit’ is sought and the term is not defined within this permit! the definitions provided in the relevant legislation
shall be used. .

“administering authority" means the Environmental Protection Agency or its successor.

“annual return" means the return required by the annual notice (under section 346 of the Environment
Protection Act 1994) for the section 73F registration certificate that applies to the development approval.

“approval” means ‘notice of development application decision’ or 'notice of concurrence agency response’
under the integrated Planning Act 1997.

“approved plans” means the plans and documents listed in the approved plans section in the notice attached
to this development approval.
“artificial waterway" means an artific’al channel, lake or other body of.water, Artificial waterway includes —
"an artificial channel that is formed because the land has been reclaimed from tidal water and is
intended to allow boating access to allotments.on subdivided land;
= other artificial channels subject to the edb and flow of the tide; and
=~ any additions or alterations to an artificial waterway.

“authorised place” means the place authorised under this development approval for the carrying out of the
specified environmentally relevant activities.

“canal” means an artificial waterway surrendered to the State. A canal is an artificial waterway connected, or
intended to be connected, to tidal water; and from which boating access to the tidal water is not hindered by a

lock, weir or similar structure. ,
“clinical waste" means waste that has the potential to cause disease including, for example, the following:
= animal waste:
= discarded sharps;
«human tissue waste;
= laboratory waste. .
“coastal dune" means a ridge or hillock of sand or other material on the coast and bullt up by the wind.
"commercial place" means a place used as an office or for business or commercial purposes.

“dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other
equipment designed for use in extraction of earthen material.
“dwelling” means any of the following structures or vehicles that is principally used as a residence —

= a house, unit, motel, nursing home or other building or part of a building;

= -aGarayan, mobile home or other vehicle or structure on land;

= awater craft in a marina,
“Environmental Protection Agency” means the department or agency (whatever called) administering the
Coastal Protection and Management Aci 1995 or the Environmental Protection Act 1994.
“erosion prone area” means an area declared to be an erosion prone area under section 70(1) of the Coastal
Protection and Management Act 1995.
“high water mark" means the ordinary high water mark at spring tides.
“infectious waste" means waste containing viable micro-organisms or their toxins which are known or
suspected to cause disease in animals or humans.

“intrusive noise" means noise that, becalse of its frequency, duration, level, tonal characteristics,

 

impulsiveness or vibration - -
. is clearly audible to, or can be felt by, an individual; and
. annoys the individuat.
. In determining whether'a noise annoys an individual and is unreasonably intrusive,

regard must be given to Australian Standard 1055.2 — 1997 Acoustics — Description and Measurement
of Environmental Noise Part'2 ~ Application to Specific Situations.

 

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Concurrence Agency Response
EPA Permit number: _IPCC01226208

“Lato, adj, to mins" “Means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness
of the sound) exceeded for 10% of any 10 minute measurement period, using Fast response.

"Lat, adj, 19 mins” Means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of
the sound) exceeded for 1% of any 10 minute measurement period, using Fast response.

“La, maxag),T” Means the average maximum A-weighted sound pressure level, adjusted for noise character and
measured over any 10 minute period, using Fast response.

“land™ in the "land schedule" of this document means land excluding waters and the atmosphere.
“mg/L” means milligrams per litre. .
"noxious" means harmful or injurious to health or physical well being.
"NTU" means nephelometric turbidity units.

“nuisance sensitive place" includes —

«~ adwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises; or .° s
a motel, hotel or hostel; or
a kindergarten, school, university or other educational institution; or
a medical centre or hospital; or
a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World
Heritage Area; or
a public thoroughfare, park or gardens; or
" aplace used as a workplace, an office or for business or commercial purposes and includes a place

within the curtilage of such a place reasonably used by persons at that place.

"offensive" means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive.

“ponded pasture" means a permanent or periodic pondage of water in which the dominant plant species are
pasture species used for grazing or harvesting.

“protected area" means —

. a protected area under the Nature Conservation Act 1992; or
" @ marine park under the Marine Parks Act 1992; or
. a World Heritage Area.

“quarry material” means material on State coastal land, other than a mineral within the meaning of any Act
relating to mining. Material: includes for example stone, gravel, sand, rock, clay, mud, silt and soil, unless it is an
removed from a culvert; stormwater drain or other drainage infrastructure as waste material. koe
“regulated waste” means non-domestic waste mentioned in Schedule 7 of the Environmental Protection
Regulation 1998 (whether or not it has been treated or immobilised), and includes -

*. for an.clement.- any chemical.compound containing the element; and

* anything that has contained the waste.
“site means land or tidal waters on or in which it is proposed to carry out the development approved under this.
development approval.
“tidal water" means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the
tide at spring tides.
"watercourse" means a river, creek or. stream in which water flows permanently or intermittently-

«ina natural channel, whether artificially improved or not; or

» in an artificial channel that has changed the course of the watercourse.
"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidat or tidal waters (including the
sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-
thereof.

"works" or "operation" means the developmerit approved under this development approval.

 

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Concurrence Agency Response

EPA Permit number: IPCC01226208

 

“you" means the holder of this development approval or owner / occupier of the land which is the subject of
this development approval.

“50th percentile" means not more than three (3) of the measured values of the quality characteristic are to
exceed the stated release limit for any six (6) consecutive samples for a release/monitoring point at any time
during the environmental activity(ies) works.

"80th percentile" means not more than one (1) of the measured values of the quality characteristic is to
exceed the stated release limit for any five (5) consecutive samples for a sampling point at any time during the
environmental activity{ies) works

END OF CONDITIONS

 

 

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                                                     Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a currency period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the currency period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a currency period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
                                                               (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 currency period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval,
    including any condition applying to the
    development, and the identification of a code
    under section 3.1.6;3
(c) the decision to give a preliminary approval when a
    development permit was applied for;


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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