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Owners consent state · MCU20/0090

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        Author: Charmaine Duke
        File / Ref number: 2020/011992
        Directorate / Unit: State Land Asset Management
        Phone: (07) 5451 2243


        5 August 2020

        Attn: Nadine Gorton
        Martoo Consulting
        PO Box 1684
        NOOSA HEADS QLD 4567

        Dear Ms Gorton

        APPLICATION FOR OWNERS CONSENT – YOUR CLIENT BAYENO PTY LTD

        Reference is made to the request for owners consent required to accompany the development
        application for tidal works outside of a canal for extension to jetty.

        The department hereby gives owner’s consent as the owner to accompany the development
        application for the purpose of section 51(2) of the Planning Act 2016 for tidal works outside of a
        canal.

        Although owner’s consent for the development application has been provided, your client is
        always required to comply with the purpose, terms and conditions of Term Lease 0/238040 over
        Lot 158 on SP146043, and undertake works only if and when the development application has
        been approved by the assessment manager or responsible entity, and in accordance with the
        conditions of that approval.

        A copy of this letter is to be attached to your DA Form 1 as the required evidence of owners
        consent.

        Your client will also need to comply with all other legislative and regulatory requirements which
        may also include approvals that are not part of the assessment of the development application
        under the Planning Act 2016 e.g. a marine park permit if in a marine park.




Postal :                                                                    Telephone : (07)54512215
DNRME Nambour                                                               Fax: 54512262
PO Box 573
Nambour
4560 QLD
Full text of the other 1 page

Page 2

Further, please note that the above consent will expire on 5 February 2021. Should the
development application not be lodged with the assessment manager prior to this date, your
client will be required again to lodge the DA Form 1 and any attachments with this Department
with a further request for owner’s consent - any further request will need to be reconsidered by
the Department.

It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage
Act 2003 or the Torres Strait Islander Heritage Act 2003.

Finally, owner’s consent is required under the Planning Act 2016 to enable the application to be
considered properly made for lodging with the assessment manager and is a completely
separate process to assessment of the application under the Planning Act 2016.

Accordingly, the State may act at a later date as responsible entity in the assessment of the
development application - providing owner’s consent will not influence any role the State may
have in this development assessment.

If you wish to discuss this matter please contact Charmaine Duke on (07) 5451 2243.

All future correspondence relative to this matter is to be referred to the contact Officer at the
address above or by email to [email protected]. Any hard copy
correspondence received will be electronically scanned and filed. For this reason, it is
recommended that any attached plans, sketches or maps be no larger than A3-sized.

Please quote reference number 2020/011992 in any future correspondence.

Yours sincerely




Matthew Halls
A/Senior Land Officer
A duly authorised delegate of the Minister
under the current Land Act (Ministerial) Delegation




                                                                                           Page 2 of 2

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