Original source · versioned page text
2212-32529 SRA Response with conditions
Attached to the e-mail MCU22/0203 and OPW22/0304 - SRA application correspondence - SARA referral agency response.
RA6-N SARA reference: 2212-32529 SRA Council reference: MCU22/0203 and OPW22/0304 28 February 2023 Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Diogo Carrico Dear Diogo SARA referral agency response—Claude Batten Drive, Noosa Heads (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 23 December 2022. Response Outcome: Referral agency response – with conditions Date of response: 28 February 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Operational work for Prescribed Tidal Works Material change of use for Environmentally Relevant Activity (ERA) 16(1)(c) for dredging SARA role: Referral agency SARA trigger: Schedule 10 Part 17, Division 3, Subdivision 1, Table 1 (Planning DA Advisory Team (DAAT) Level 13, 1 William Street, Brisbane Page 1 of 13 PO Box 15009 CITY EAST QLD 4002
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 12 pages
Page 2
2212-32529 SRA
Regulation 2017) – Operational work that is tidal works or work in a
coastal management district
Schedule 10 Part 17, Division 3, Subdivision 2, Table 1(Planning
Regulation 2017) – Operational work that is tidal works or work in a
coastal management district in tidal waters
Schedule 10 Part 6, Division 3, Subdivision 1, Table 1 (Planning
Regulation 2017) – Operational work involving removal, destruction
or damage of marine plants
Schedule 10 Part 5, Division 4, Table 2, Item 1- Environmentally
Relevant Activity (Planning Regulation 2017)
SARA reference: 2212-32529 SRA
Assessment manager: Noosa Shire Council
Street address: Claude Batten Drive, Noosa Heads
Real property description: Lot 114 on MCH839107
Applicant name: Noosa Council
Applicant contact details: Level 5, 348 Edward Street (or PO Box 203)
Brisbane QLD 4000
[email protected]
Environmental Authority: This referral included an application for an environmental authority
under section 115 of the Environmental Protection Act 1994. Below
are the details of the decision:
Approved
Reference: P-EA-100375359
Effective date: 10 February 2023
Prescribed environmentally relevant activity (ERA): ERA 16-
Extraction and Screening 1: Dredging, in a year, the following
quantity of material (b) more than 10,000t but not more than
100,000t
If you are seeking further information on the environmental authority,
the Department of Environment and Science’s website includes a
register. This can be found at: www.des.qld.gov.au
Representations
An applicant may make representations to a referral agency, at any time before the application is
decided, about changing a matter in the referral agency response (section 30 of the Development
Assessment Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Lucy Stenzel, Principal Planner, on 3452 6805 or via email
[email protected] Assessment and Referral Agency Page 2 of 13
Page 3
2212-32529 SRA
Yours sincerely,
Steve Conner
Executive Director
cc Noosa Council, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 3 of 13
Page 4
2212-32529 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Operational work
The chief executive administering the Planning Act 2016 nominates the Director-General of Transport and
Main Roads to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following conditions:
1. All vessels, structures, plant, and equipment associated with the For the duration of
construction of the approved works must be lit/marked in accordance works and for
with the following specifications and requirements such that undertaking operation to be
the construction works does not cause a risk to the safe navigation of maintained at all times
ships:
(a) any anchors deployed must be marked with yellow buoys and
fitted with FL yellow lights fitted
(b) lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
2. (a) Prepare a Marine Execution Plan (MEP) by an appropriately (a) and (b)
qualified person(s), that includes, but not limited to the following: At least 20 business
i. demonstrating that the construction and operation of the days prior to the
development will not impede the safe navigation of other commencement of
vessels or restrict safe access to or from neighbouring works
structures
ii. is consistent with any requirements of Maritime Safety (c) For the duration of
Queensland guidelines for major development proposal works
iii. lighting/marking requirements, any anchors deployed must be
marked with yellow buoys and fitted with FL yellow lights
fitted. Any floating plant, equipment and pipelines shall be
appropriately lit and / or marked to the satisfaction of the
Harbour Master.
(b) Submit to the Marine Execution Plan (MEP) prepared in accordance
with part (a) of this condition to
[email protected] or mailed to:
Maritime Safety Queensland
PO Box 1094
Mooloolaba 4557
(c) Carry out the construction and dredging as applicable in accordance
with the Marine Execution Plan (MEP) in accordance with part (a) of
this condition.
The chief executive administering the Planning Act 2016 nominates the Director-General of Environment
and Science to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following conditions:
3. The construction of the dredge channel, sand plugs and beach For the duration of the
nourishment must be undertaken generally in accordance the plans works
State Assessment and Referral Agency Page 4 of 13
Page 5
2212-32529 SRA
No. Conditions Condition timing
titled:
i. General Arrangement
ii. Typical Sections and Volumes.
4. Submit “As Constructed drawings” to [email protected] or mail to: Within two (2) weeks of
the completion of the
Department of Environment and Science
works
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
5. (a) In the event that the works cause disturbance or oxidisation of acid (a) Upon disturbance
sulfate soil, the affected soil must be treated and thereafter or oxidisation until
managed (until the affected soil has been neutralised or contained) the affected soil
in accordance with the current Queensland Acid Sulfate Soil has been
Technical Manual: Soil management guidelines, prepared by the neutralised or
Department of Science, Information Technology, Innovation and the contained
Arts, 2014.
(b) At the time the
(b) Certification by an appropriately qualified person, confirming that soils have been
the affected soil has been neutralised or contained, in accordance neutralised or
with (a) above is to be provided to [email protected] or mailed contained
to:
Department of Environment and Science
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
6. Sand placed under this approval, must not cover any dune vegetation. At all times
7. Beach nourishment is to be finished to a maximum of 1 vertical: 3 At all times.
horizontal ratio for the material being placed.
8. Sand for beach nourishment must be excavated only from the sand At all times.
extraction zone denoted within General Arrangement, prepared by
BMT, Drawing Number A10342-02-02.
9. Sand must have the following characteristics: At all times.
(a) the sand used for the work is not finer than the upper beach sand
at the site
(b) the sediment is clean, free of contaminants and does not contain
any building waste or rock.
10. (a) Prepare a hydrographic survey plan by a registered surveyor in Within one month of
accordance with Standards for Hydrographic Surveys within completion of the
Queensland Waters to Class A of the dredge area and the works
immediate adjacent area likely to be affected by the dredging.
State Assessment and Referral Agency Page 5 of 13
Page 6
2212-32529 SRA
No. Conditions Condition timing
(b) Submit the hydrographic survey plan to [email protected] or
mailed to:
Department of Environment and Science
Permit and License Management
GPO Box 2454
Brisbane Qld 4001
The chief executive administering the Planning Act 2016 nominates the Director-General of Agriculture and
Fisheries to be the enforcement authority for the development to which this development approval relates
for the administration and enforcement of any matter relating to the following conditions:
11. Development authorised under this approval is limited as follows: At all times
Operational work for the permanent removal, destruction or damage of
marine plants for beach nourishment being limited to 244.2m2 of dead
marine wood and shown in Figure 2-1 of Dog Beach Sand Nourishment
project: Marine Plant Monitoring Plan prepared by BMT, reference
R.A10342.002.00.Marine Plant MP.docx
Operational work for the temporary removal, destruction or damage of
marine plans for beach nourishment being limited to 45.9 m2 of subtidal
detritus and shown in Figure 2-1 of Dog Beach Sand Nourishment
project: Marine Plant Monitoring Plan prepared by BMT, reference
R.A10342.002.00.Marine Plant MP.docx
12. The dredging and beach nourishment must be carried out generally in At all times
accordance with the following plans:
- General Arrangement prepared by BMT, reference A10342-02-
02; and
- Typical Sections and Volumes prepared by BMT reference
A10342-02-03.
13. The marine plant monitoring must be undertaken generally in Monitoring:
accordance with Dog Beach Sand Nourishment project: Marine Plant
Monitoring Plan prepared by BMT, reference R.A10342.002.00.Marine
Plant MP.docx A post construction
monitoring survey
Monitoring reports must be submitted to [email protected] in
within two months of
accordance with Table 2-1 of the Dog Beach Sand Nourishment project:
construction
Marine Plant Monitoring Plan.
completion;
Six months after the
post-construction
survey; and
Yearly for a period of
three years after
completion of the
works.
State Assessment and Referral Agency Page 6 of 13
Page 7
2212-32529 SRA
No. Conditions Condition timing
Reporting:
Within two months of
construction
completion;
Six months after the
first post construction
monitoring survey; and
Yearly for a period of
three years after
completion of the
works, unless adaptive
measures and
corrective actions are
implemented
14. Development works must only be conducted between April and As indicated
September (inclusive) to minimise the impacts on fish spawning and the
flowering and fruiting of marine plants.
15. Enter into an agreed delivery arrangement to deliver an environmental Prior to commencing
offset in accordance with the Environmental Offsets Act 2014 to any works that impact
counterbalance the significant residual impacts on the matter/s of state on the marine plants
environmental significance being 244.2 m2 of marine plants.
16. Provide written notice to [email protected], when the As indicated
development authorised under this approval:
(a) will start
(b) when it has been completed.
These notices must state this permit number 2212-32529 SRA.
17. Spoil is managed to prevent acid soil development. At all times
18. This fisheries development (as defined by the Fisheries Act 1994) At all times
constitutes a place that is required to be open for inspection by an
inspector at all times, pursuant to section 145 of the Fisheries Act 1994.
19. Marine plants that are temporarily removed, damaged or destroyed by Within 5 years of
this development must be restored to pre-disturbance condition. removal, damage or
destruction of the
marine plants
20. Other material used in the development (e.g. debris, construction As indicated
material etc.) are to be promptly removed from the intertidal zone.
21. Tidal land profiles that are temporarily disturbed by the development As indicated
works (other than those within the permanent development footprint, as
shown on the plan titled General Arrangement, must be promptly
State Assessment and Referral Agency Page 7 of 13
Page 8
2212-32529 SRA
No. Conditions Condition timing
restored to pre-work profiles.
Material Change of Use – Environmentally Relevant Activities
The chief executive administering the Planning Act 2016 nominates the Director-General of Environment
and Science to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following condition(s):
22. The dredging must be undertaken generally in accordance with the For the duration of the
plans titled General Arrangement and Typical Sections and Volumes. works
23. Development authorised under this approval for ERA 16(1)(c) is limited At all times
to extraction within USL adjacent to Lot 114 on MCH839107 and
placement within the approved land in Lot 114 on MCH839107 and
USL adjacent to Lot 114 on MCH839107 for dredging 100,000t to
1,000,000t in a year.
State Assessment and Referral Agency Page 8 of 13
Page 9
2212-32529 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.
Removal, destruction, or damage of marine plants
2. The Notice of Election for the Significant Residual Impact should be submitted to
[email protected]. An Agreed Delivery Arrangement must be entered into prior to any
impact on the matter of State environmental significance.
Marine Safety Queensland
3. Repair or replace of any navigational aid that are damaged due to the construction, operation
or maintenance of the development will be required. Any replacement or repair of aids to
navigation must be carried out at no cost to the Department of Transport and Main Roads and
to the satisfaction of the Harbour Master.
4. The dredging operations are to be conducted in a manner that ensures a suitable navigation
channel is always open to vessel traffic.
5. All navigation lights, buoys, marks, or signs associated with the development must be
supplied, installed, and maintained in accordance with The Department of Transport and Main
Roads through Maritime Safety Queensland ’s requirements.
State Assessment and Referral Agency Page 9 of 13
Page 10
2212-32529 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The Operational Work and Material change of use for an ERA achieves compliance with the
applicable performance outcomes of State codes 8, 11 and 18 of the SDAP as follows:
o will not adversely impact coastal processes
o does not significantly increase the risk or impacts to people and property from coastal
erosion
o conditions will ensure that rehabilitation and long-term management of erosion will be
appropriately monitored and managed.
Material used in the assessment of the application:
The development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
The State Development Assessment Provisions (version 2.3), as published by the department
The Development Assessment Rules
SARA DA Mapping system
The reasons for the SARA’s decision are:
The proposed development complies with the assessment benchmarks and purpose statement within the
following codes:
State Code 7 – Maritime Safety as the proposed development is considered to:
not distract attention away from, or otherwise reduce the effectiveness of, aids to navigation
be designed and constructed to be visible to mariners, to avoid the risk of collision
does not interfere with the operation of aids to navigation
be conditioned to ensure it does not obstruct the safe movement of vessels in a navigable
waterway
State Code – Coastal development and tidal works 8 as the proposed development is considered
to:
protect life, buildings and infrastructure from the impacts of coastal erosion
maintain and conserve coastal resources
maintain appropriate public use of, and access to and along, State coastal land
account for the projected impacts of climate change
avoid impacts or, where the matters of state environmental significance cannot be reasonably
avoided, impacts are reasonably minimised and mitigated
does not result in a significant residual impact on a matter of state environmental significance
unless the significant residual impact is acceptable, and an offset is provided
State code 11- Removal, destruction, or damage of marine plants as the proposed development is
considered to:
maintains the extent, distribution, diversity and condition of marine plant communities and
protects the ecological functions to which they contribute
maintains the health and productivity of fisheries resources and fish habitat
minimises impacts on the management, use, development and protection of fisheries resources
and fish habitat
is designed and located to avoid impacts or, where the matters of state environmental
significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated
through conditions
State Assessment and Referral Agency Page 10 of 13
Page 11
2212-32529 SRA
State code 22- Environmentally relevant activities as the proposed development is considered to:
be located and designed to avoid or mitigate environmental harm on environmental values of the
natural environment, adjacent sensitive land uses and sensitive receptors
are designed and located to avoid impacts or, where the matters of state environmental
significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated
through conditions of approval
does not result in a significant residual impact on a matter of state environmental significance
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
State Planning Policy mapping system [delete if not used]
section 58 of the Human Rights Act 2019
State Assessment and Referral Agency Page 11 of 13
Page 12
2212-32529 SRA Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 12 of 13
Page 13
2212-32529 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 13 of 13