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2208-30467 SRA - Amended response - with conditions

Attached to the e-mail MCU22/0118 - SRA application correspondence - Changed referral agency response—with conditions.

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RA29-N




Our reference:        2208-30467 SRA
Your reference:       MCU22/0118

8 August 2023

The Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]


Dear Sir/Madam

Changed referral agency response—with conditions
(Given under section 28 of the Development Assessment Rules)

On 22 July 2023 the State Assessment and Referral Agency (SARA) received representations from the
applicant requesting SARA change its referral agency response. SARA has considered the
representations and now provides this changed referral agency response which replaces the response
dated 7 February 2023.

Applicant details
 Applicant name:                  Royal Automobile Club of Victoria (RACV) Ltd
 Applicant contact details:       C/- Adamson Town Planning
                                  312 Lake MacDonald Drive
                                  Cooroy QLD PO Box 894
                                  [email protected]

Location details
 Street address:                   142 Noosa Drive, Noosa Heads
 Real property description:        Lot 203 on SP267424, Lot 3 on SP126203, Lot 0 on SP203415, Lot 0
                                   on SP203417 and Lot 200 on SP267421
 Local government area:            Noosa Shire Council

Application details
 Development permit                Material change of use for short-term accommodation (16 eco-cabins)
                                   and new lagoon pool at 94 and 142 Noosa Drive, Noosa Heads.




                                                                    South East Queensland (North) regional
                                                                    office
                                                                    Level 4, Foundation Place 3 South Sea
                                                                    Islander Way, Maroochydore
 Page 1 of 9                                                        PO Box 1129, Maroochydore QLD 4558
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2208-30467 SRA - Amended response - with conditions.pdf · 382 KB (small file)

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                                                                                           2208-30467 SRA




Referral triggers
The development application was referred to SARA under the following provisions of the Planning
Regulation 2017:
         10.10.3.3.1.1                          Koala habitat area in SEQ region

Conditions
Under section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached
to any development approval.

Reasons for decision to impose conditions
SARA must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Advice to the applicant
SARA offers advice about the application to the applicant—see Attachment 3.

Approved plans and specifications
SARA requires that the plans and specifications set out below and enclosed must be attached to any
development approval.

 Drawing/report title              Prepared by            Date          Reference no.      Version/issue
 Aspect of development: Material change of use for short-term accommodation (16 eco-cabins)
 Site Plan – Tree Retention        Aspect                 30/06/2023    Drawing No 21-     Issue K
 Vs Removal Plan                                                        0910_A10-08
 Site Plan (as amended in          Aspect                 30/06/2023    Drawing No. 21-    Issue I
 red)                                                                   0910_A10-01
 Indicative Koala Signage          Aspect                 30/06/2023    Drawing No. 21-    Issue C
 Plan                                                                   0910_A10-12
 Koala Management Plan,            Ecoteam                27/01/2023    -                  Version 4
 RACV Noosa Eco Resort             Environmental
                                   Scientific Services

A copy of this response has been sent to the applicant for their information.

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Principal Planner

cc       Royal Automobile Club of Victoria (RACV) Ltd, [email protected]



 State Assessment and Referral Agency                                                          Page 2 of 9

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                                                                         2208-30467 SRA




enc     Attachment 1—Changed conditions to be imposed
        Attachment 2—Changed reasons for decision to impose conditions
        Attachment 3—Advice to the applicant
        Approved plans and specifications




 State Assessment and Referral Agency                                       Page 3 of 9

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                                                                                                2208-30467 SRA



Attachment 1—Changed conditions to be imposed


                                                                                           Condition
 No.    Conditions
                                                                                           timing
 Material change of use for short-term accommodation (16 eco-cabins)
 10.10.3.3.1.1 – Development interfering with koala habitat in koala habitat areas outside koala priority
 areas—The chief executive administering the Planning Act 2016 nominates the Director-General of the
 Department 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:
 1.     Clearing is limited to the removal of 54 33 non-juvenile koala habitat trees       At all times
        identified as ‘Remove’ and ‘TBC’ on plan titled Site Plan – (TPZ) Tree
        Retention / Vs Removal Plan, prepared by Aspect, dated
        15/11/202230/06/2023, Drawing reference 21-0910_A10-08, Revision E
        Issue K.
 2.     To mitigate impacts on koala habitat values and ensure connectivity is             (a) Prior to
        maintained:                                                                        sealing the plan
        (a) Enter into an environmental covenant in accordance with Section 97A of         of subdivision
        the Land Title Act 1993 for the area identified as ‘Environmental covenant         with the local
        area’ in plan titled Site Plan, prepared by Aspect, dated 05/12/2022               government and
        30/06/2023, Drawing number 21-0910_A10-01, Revision G Issue I as                   to be maintained
        amended in red by SARA on 7 February 20238 August 2023 for the purpose             at all times
        of protecting koala habitat and matters of State environmental significance in
        perpetuity. The Covenant must detail the purpose, responsibilities, liabilities,   (b) Within 6
        measures, remedies and intents as necessary to ensure the management of            months of the
        the Covenant Area and must include the following:                                  local
            i.   That the Owner(s) must comply with the Covenant.                          government’s
           ii.   That the Owner(s) must take reasonable measures to ensure the             notation of the
                 native vegetation and environmental values of the Covenant Area           plan of
                 will be maintained and protected.                                         subdivision
          iii.   That the Owner(s) must take all reasonable measures to ensure the
                 Covenant Area is only used in a manner that maintains and protects
                                                                                           (c) Within 2
                 the native vegetation and habitat values within the Covenant Area.
                                                                                           weeks of the
          iv.    That the Owner(s) is responsible for taking reasonable action to
                                                                                           registration of the
                 rectify any adverse impacts to the Covenant Area.
                                                                                           covenant
           v.    That only maintenance of understorey vegetation for bushfire
                 management purposes and trimming of limbs overhanging the
                 cabins can be carried out within the covenant area.                       (d) At all times
          vi.    That any trimming of tree limbs overhanging the cabins must be
                 carried out by a suitably qualified arborist.
         vii.    That non-juvenile koala habitat trees must not be removed within the
                 covenant area for any purpose.
         viii.   That rehabilitation of the covenant area with a species composition
                 and structural density based on regional ecosystem 12.2.7 must be
                 undertaken.
          ix.    The following must be excluded from the Covenant Area:
                      a. All buildings and structures including but not limited to
                          swimming pools, tennis courts, retaining walls, stormwater
                          infrastructure, wastewater infrastructure, fences (other than


 State Assessment and Referral Agency                                                              Page 4 of 9

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                                                                                                2208-30467 SRA




                       koala-friendly fencing);
                     b.Firebreaks;
                     c.Earthworks;
                     d.Effluent and wastewater treatment and disposal;
                     e.Placing or storing of soil, rock, rubbish, garbage, waste or
                       similar materials;
                    f. Vehicle access and maneuvering;
                    g. Parking;
                    h. Landscaping with species that are not endemic to the
                       regional ecosystem;
                    i. Keeping or permitting the entry of domestic animals or any
                       other animals that are not indigenous to the Covenant Area;
                       and
                    j. Any other act which may have an adverse impact on the
                       values of the Covenant Area.
         x.     Powers of entry.
         xi.    A copy of the development approval that established the Covenant.


       (b) Lodge the endorsed Covenant Form 31 with the Registrar of Titles for the
       relevant Queensland State Government Authority.


       (c) Submit a copy of the registered Covenant to the Department of
       Environment and Science at: [email protected] or GPO
       Box 2454 Brisbane Queensland 4001.


       (d) Comply with the Covenant.
3.    (a) All clearing and construction activities must be carried out in accordance       (a) Prior to any
          with ‘Koala Management Plan, RACV Noosa Eco Resort’, prepared by                 building or
          Ecoteam Environmental Scientific Services, dated 27 January 2023,                operational
          version 4.                                                                       works being
                                                                                           undertaken.
      (b) If a sick, injured, orphaned or dead koala is identified on site, the incident
          must be reported by phoning 1300 264 625 so that treatment can be                (b) Immediately
          given as required.                                                               upon
                                                                                           identification of
      (c) If a Koala is injured, killed or orphaned as a result of site activities, the    the koala.
          Department of Environment and Science must be contacted within 48
          hours of the incident occurring via phone on 1300 130 372 (select Option
          4), or via email to [email protected].

      (d) A register of all fauna incidents and interactions must be maintained daily
          during clearing operations.

      (e) A copy of the fauna register must be provided to the Department of
          Environment and Science at [email protected] within 10
          business days of completion of clearing works.

       Details of the closest wildlife hospital must be kept on site during all clearing
       and construction activities.




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                                                                                              2208-30467 SRA




4.     (a) A rehabilitation plan must be prepared by an appropriately qualified          (a) and (b) To
       person(s), and must address as a minimum:                                         commence no
                                                                                         more than 1
           i.   The rehabilitation objectives for the site.
                                                                                         month after the
          ii.   The weed control measures that will be implemented.
                                                                                         completion of
         iii.   The revegetation measures that will be implemented.
                                                                                         clearing works.
         iv.    How the vegetation planted as a result of the rehabilitation work will
                be suitably maintained.
                                                                                         (c) To commence
       (b) Provide the rehabilitation plan to the Department of Environment and          no more than 3
                                                                                         months after
       Science via email to: [email protected] or mail to:
                                                                                         completion of
                Koala Assessment and Compliance
                                                                                         clearing works.
                Department of Environment and Science
                GPO Box 2454 Brisbane Queensland 4001
                                                                                         (d) Within 3
       (c) Undertake the rehabilitation in accordance with the rehabilitation plan;      months of the
           and                                                                           completion of the
                                                                                         rehabilitation
                                                                                         works.
       (d) Provide certification by an appropriately qualified person(s) that (a), (b)
          and (c) have been fulfilled, to the Department of Environment and Science
          via email to: [email protected]; or via mail to:
       Koala Assessment and Compliance
       Department of Environment and Science
       GPO Box 2454 Brisbane Queensland 4001
5.     Deliver an environmental offset in accordance with the Environmental Offsets Prior to
       Act 2014 to counterbalance the significant residual impacts on the matter of   commencing any
                                                                                      clearing works.
       state environmental significance being 54 33 non-juvenile koala habitat trees.


       Note: Section 16 of the Environmental Offsets Act 2014 provides that when
       an offset condition is imposed on an authority, a number of deemed
       conditions are taken to apply. These deemed conditions are detailed in
       sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
       Contravention of a deemed condition is taken to be contravention of an
       imposed condition.


       More information on offset delivery can be found here:
       https://www.qld.gov.au/environment/pollution/management/offsets/delivering.


       Please send the notice of election to [email protected].     Provide Koala friendly measures in accordance with the Koala Sensitive            Within 1 month
       Design Guideline, prepared by the Department of Environment and Science           of completion of
       and dated December 2022, which is to include lit and unlit koala advisory         clearing and
       signage in accordance with the plan titled Indicative Koala Signage Plan,         construction
       prepared by Aspect, dated 01/02/202330/06/2023, Drawing No. 21-                   works.
       0910_A10-12, Revision A Issue C.
7.     Any pools to be constructed are to be designed, constructed and maintained        At all times.
       as koala-safe pools as described in the Koala Sensitive Design Guideline,
       prepared by the Department of Environment and Science and dated
       December 2022.
8.     Prior to the commencement of clearing activities, notify the Department of        72 hours prior to


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                                                                                          2208-30467 SRA




       Environment and Science at [email protected] of:                commencement
            the expected date the clearing activity will commence;                  of vegetation
            the expected duration of the clearing activity;                         clearing.
            the name and contact details of the koala spotter that has been
              contracted for the clearing activity; and
       the name, contact details and authority number of the spotter catcher that
       has been contracted for the clearing activity.
9.     Where any new fencing is to be installed, fencing must be constructed and     At all times
       maintained as koala-friendly fencing in accordance with the Koala Sensitive
       Design Guideline, prepared by the Department of Environment and Science
       and dated December 2022.




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                                                                                               2208-30467 SRA



Attachment 2—Changed reasons for decision to impose conditions

The reasons for the SARA’s decision are:
    The application is for a development permit for a material change of use for short-term
     accommodation (16 eco-cabins).
    The development is located at 142 Noosa Drive, Noosa Heads, also known as Lot 203 on
     SP267424, Lot 3 on SP126203, Lot 0 on SP203415, Lot 0 on SP203417 and Lot 200 on SP267421
     and has frontage to Noosa Drive.
    The eco-cabins are proposed to be developed on Lot 3 with vehicle access via the existing resort on
     Lot 203.
    The development site (Lot 3) has mapped koala habitat area.
    The proposed short-term accommodation will interfere with the mapped koala habitat area resulting
     in 54 non-juvenile koala habitat trees being removed.
    SARA has assessed the development application against the State Development Assessment
     Provisions (SDAP), version 3.0, specifically State code 25: Development in the South East
     Queensland koala habitat areas.
    SARA finds that the development can comply with State code 25, subject to conditions to:
         ensure the development is carried out generally in accordance with the plans of development
          submitted with the application.
       ensure clearing of koala habitat area is only undertaken where is has been approved by this
          referral agency response.
       ensure a conservation outcome is achieved where a significant residual impact is occurring to
          koala habitat.
       ensure appropriate infrastructure is established to support safe koala movement through the
          development.
       ensure all measures are taken to avoid injury or death of koala’s during the clearing activities.
       manage compliance processes and procedures.
    An amended site plan includes revised layout and configuration of the eco-cabins resulting
     in a reduce number of 33 non-juvenile koala habitat trees being removed.

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
 section 58 of the Human Rights Act 2019




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                                                                                            2208-30467 SRA



Attachment 3—Advice to 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.
 2.      The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
         that apply to all persons undertaking the clearing of koala habitat trees. These requirements
         include that clearing must be undertaken sequentially and in the presence of a koala spotter.

         Penalties for non-compliance apply.

         For further information please contact the Department of Environment and Science at
         [email protected].      The development area contains areas mapped as a high-risk area on the protected plant flora
         survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
         under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
         Survey Guidelines to determine if there are any protected plants on the clearing site. If
         protected plants are found on the clearing site, a clearing permit under the Nature Conservation
         Act 1992 may be required.
 4.      The development area contains habitat for threatened and special least concern fauna species.
         If the development requires tampering with a protected animal breeding place, a species
         management program may be required.


         More information on protected animal breeding places and species management programs can
         be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
         management-program




 State Assessment and Referral Agency                                                          Page 9 of 9

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