Attachment 9 - Previous Vegetation Clearing approval · MCU18/0015

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NRW -- Decision Notice 2007/008064

2.4,

25.

26.

2.3.5,

2.3.6.

2.3.7.

2.3.8.

Viridian Noosa Piy Ltd Reconfiguration Plan, M2203-04 dated 10
October 2007 and a fall copy of the Registretion Confirmation
Statement for the statutory covenant in the form and as set out in
Attachment C to this development permit,

A vegetation management offset must be provided in compliance
with the Viridian Noosa Offset Vegetation Area (Part of lot 901) —
Vegetation Offset Covenant & Management Plan for Offset Area for
Attunga Heights sighted and approved by NRW on 16 October 2008.

Clearing under this development pemnit is only approved if it occurs
prior to 15 October 2013 and no approval will exist after that date to
clear native vegetation within the areas shown as “Permit A - Area
approved to be cleared” on the attached Development Permit Plan
that has the reference “DPP 2007/008064”. | '

Where contractors, employees, subconiractors, agents or any other
person, that is not the applicant or the permittee, are to be engaged or
employed to carry out the clearing of any vegetation under this
permit, the permittee is to provide them with a copy of this permit,
including the attached conditions and the attached Development
Permit Plan that has the reference “DPP 2007/008064” and ensure
that they are aware of what clearing is authorised by this permit.

The applicant shall ensure that any and atl employees, contractors,
subcontractors, agents or any other person engaged or employed to
carry out the clearing of any vegetation under this permit comply at
all times with the requirements of this permit and do not clear any
vegetation that is not approved to be cleared under this permit.

Approved plan

The attached Development Permit Plan that has the reference “DPP
2007/008064” has been approved by the assessment manager in relation to
this decision notice.

Date of decision
16 October 2008
Reasons

A statement of reasons that details the reasons for the application of
conditions to this development permit is provided—see Schedule 1.

3. Additional Information

3.1, This Development Permit does not authorise the clearing of any vegetation
that would constitute a contravention of other laws. This includes—

© the Coastal Protection and Management Act 1995;

 

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NRW ~ Decision Notice 2007/008064

© the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander
- Cultural Heritage Act 2003; .
e the Environmental Protection Act 1994 which regulates environmentally
relevant activities; .
© the Environment Protection and Biodiversity Conservation Act 1999
(Cwilth) regarding the protection of listed threatened species and
ecological communities;
e the Fisheries dct 1994 regarding the management of marine plants
TT acchdinng mre gr 8683 #2 —@ — =
e Local laws established by local government under the Local Government
Act 1993;
e the Nature Conservation Act 1992 regarding the management of
protected plants and animals;
«© the Queensland Heritage Act 1992 which regulates the management of
heritage sites;
e the Soil Conservation Act 1986; and
e the Water Act 2000 regarding the removal of vegetation from the bed and
banks of a watercourse.

3.2. Aboriginal cultural heritage advice

Under Section 23 of the Aboriginal Cultural Heritage Act 2003, a person
who carries out an activity must take all reasonable and practicable measures
to ensure that the activity does not harm Aboriginal cultural heritage (the
“cultural heritage duty of care”). Maximum penalties for breaching the
cultural heritage duty of care are $750 000 for a corporation and $75 000 for
an individual:

Applicants will comply with the cultural heritage duty of cate in relation to
Aboriginal cultural heritage if they are acting in compliance with the cultural
heritage duty of care guidelines gazetted under the Aboriginal Cultural
Heritage Act 2003, available on the NRW’s website, or in accordance with
an agreement with the Aboriginal party for the area or a cultural heritage
management plan approved under Part 7 of the Aboriginal Cultural Heritage
Act 2003.

Applicants should also undertake a search of the Aboriginal Cultural
Heritage Database and-the Aboriginal Cultural Heritage Register,
administered by the Cultural Heritage Coordination Unit, NRW. Application
forms to undertake a free search of the Aboriginal Cultural Heritage
Database and the Aboriginal Cultural Heritage Register may. be obtained by
contacting the oe — pana Unit on on 323 83838-or on
the N NRW’s w z OCW. g

 

4. Appeal rights
4.1, Refusal on grounds of code assessment

Under the VMA, ‘an applicant may appeal the refusal, partial refusal or a
condition placed on an approval for an ongoing application on the grounds

 

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NRW — Decision Notice 2007/008064

that the application did not meet the performance requirements of the
relevant assessment code. This appeal may only be made to the Building
and Development Tribunal.

However, no appeal may be made to the Building and Development Tribunal
ualess the applicant has first made representations about the matter to the
assessment manager, in accordance with the provisions of section 3.5.17 of
the Integrated Planning Act 1997 (IPA).

Representations are made by writing to the assessment manager stating the
grounds for seeking a review of the original decision. These representations
must be received during the applicant’s appeal period.

For ongoing applications, the appeal period is 20 business days after the
applicant is given a decision notice, This appeal period can also be
suspended for up to 20 days to allow more time to make the representations.
‘To suspend the appeal period, the applicant must pive the assessment
manager a written notice before the appeal period expires.

' Applicants who may wish to appeal a decision to the Building and
Development Tribunal should obtain the guide to making apneals from
Natural Resources, Mines and Water.

The following provisions of the IPA and the VMA are applicable.

Integrated Planning Act 1997
Chapter 3, Part 5, Division Representations about conditions and other matters

3.5.17 Changing conditions and other matters during the applicant's appeal

period

(1) This section applies if the applicant makes representations to the assessment
manager about a matter stated in the decision notice, other than a refusal or a
matter about which 2 concurrence agency told the assessment manager under
section 3.3.18(1).

(2) If the assessment manager agrees with any of the representations, the
assessment manager must give a new decision notice (the “negotiated
decision notice”) to—

(a) the applicant; and

(b) each principal submitter; and

(c) each referral agency; and

(d) if the assessment manager is not the local government and the
development is in a local government area—the local government.

(3) Only ‘1 negotiated decision notice may be given,

(4) The negotiated decision notico—

(a) must be given within 5 business days after the day the a assessment
manager agrees with the representations; and

(b) must be in the same form as the decision notice previously given; and

{c) must state the nature of the changes; and

(d) replaces the decision notice previously given.

 

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NRW — Decision Notice 2007/008064

(5) If the assessment manager does not agree with any of the representations, the
assessinent manager must, within 5 business days after the day the assessment
manager decides not to agree with any of the representations, give a written
notice to the applicant stating the decision about the representations.

(©) Before the assessment manager agrees to a change under this section, the
assessment manager must reconsider the matters considered when the original
decision was made, to the extent the matters are relevant.

3.5.18 Applicant may suspend applicant’s appeal period

{1) Ifthe applicant needs more time to make the written representations, the
applicant may, by written notice given to the assessment manager, suspend the
applicant’s appeal period. |

Q) The applicant may act under subsection (1) only once.

(8) If the written representations are not made within 20 business days after the
day written notice was given to the assessment manager, the balance of the
applicant’s appeal period restarts.

(4) lf the written representations are made within 26 business days after the day
written notice was given to the assessment manager—

(2) if the applicant gives the assessment manager a notice withdrawing the
notice under subsection (1}—the balance of the applicant's appeal
period restarts the day after the assessment manager receives the notice
of withdrawal; or

(b) if the assessment manager gives the applicant a notice under section
3.5.17(5)—the balance of the applicants appeal period restarts the day
after the applicant receives the notice; or

(c) ifthe assessment manager gives the applicant a negotiated decision
notice—the applicant’s appeal period starts again the day after the .
applicant receives the negotiated decision notice.

Chapter 4, Part 2, Division 3——Appeals to tribunals relating to development

applications
4.2.9 Appeals by applicants
(1) An applicant for a development application may appeal to a 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, but not including the identification of a
code under section 3.1.6;

(c) the decision to give a preliminary approval when a development permit
was applied for;

sod:

(©) 8 deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started within 20 business
days (the “applicant’s appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant,

(3) An appeal-under subsection (1)(e) may be started at any time after the last day
a decision on the matter should have been made.

 

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NRW ~ Decision Notice 2007/008064

Chapter 4, Part 2, Division S—Making an appeal to tribunal

4.2.15 How appeals to tribunals are started

(1) A person starts an appeal by lodging written notice of appeal, in the approved
fonn, with the registrar of the tribunal.

(2) The notice of appeal must state the grounds of the appeal and be accompanied
by the fee prescribed under a regulation.

BEE EFC Ap ERIS

(1) A person who is entitled to start an appeal under this part, may, by written

request, ask the chief executive to appoint a tribunal to start hearing the appeal
within 2 business days after starting the appeal.

(2) A request made under subsection (1) must be mmnene by the fee
prescribed under a regulation.

(3) The chief executive may grant or refuse the request.

(4) The chief executive may grant the request only if all the parties to the appeal,
including any person who could elect to become a co-respondent, have agreed
in writing to the request.

(5) If the chief executive grants the request, the chief executive may as a condition
of granting the request, require the person making the request to pay—

{a) the reasonable costs of the respondent and any co-respondents for the
appeal after the request is granted; and
(b) an additional tribunal fee prescribed under a regulation,
(6) Hf the request i is granted, any moaice! es of appeal t to be © given and any election to

: us evece-opsands-befexs——_———
may hearing for the appeal starts,

4.2.17 Notice of appeal to other parties (div 3)
(1) For an appeal under division 3, the registrar must, within 10 business days
after the day the appeal is started, give written notice of the appeal to—
(a) if the appellant is an applicaiit mentioned in section 4.2.9 or a person to
whom a notice mentioned in section 4.2.11 has been given-—the
assessment manager, the private certifier (if any) and any concurrence

agency or building referral agency for an aspect of the application the
subject of the appeal; or

(b) if the appellant is a building referral agency—the applicant, the
that was a concurrence agency for an aspect of the application.
(2) The notice must state—
(@) the grounds of the appeal; and
(b} if the person given the notice is not the respondent or a co-respondent

under section 4,2.19—that the person, within 10 business days after the

day the notice is given, may elect to become a co-respondent to the
appeal.

4.2.19 Respondent and co-respondents for appeals wader div 3
(1) This section applies to appeals under division 3 for a development application

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NRW — Decision Notice 2007/002064

(2) The assessment manager is the respondent for the appeal.

Vegetation Management Act 1999
Part 2, Division 6—Modifying effect of Planning Act

22C Modifying Planning Act effect of appeal rights on ongoing applications
(assessment manager)
(1) This section applies for an ongoing application if the chief executive is the
assessment manager for the application.
(2) An appeal about an application for which this section applies may only be

made to a tribunal under the Planning Act, section 4.2.9.
@) However, an appeal, other than for a deemed refusal, may not be made unless

the applicant has made representations about the matter.
(4) The representations may also be about a refusal.

The -Planning Act, section 3.5.17, applies for the representations, including
representations about a refusal.

5. Delegated officer signature

Mr Michael Watson
A/Senior Vegetation Management Officer - VM1
South East Region, NRW

16 October 2008

Attachments A- Statement of reasons
B ~ Development Permit Plan DPP 2007/008064,

C— Signed Covenant and Offset Site Vegetation Management
Plan.

 

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NRW -~ Decision Notice 2007/008064
Schedule 1 — Statement of reasons

4, Evidence considered during the assessment of the application

The following is an itemised list of the evidence used in the assessment of the
application—

The submitted application and all subsequent associated correspondence.

2 Vegetation Management Act 1999 and Vegetation Management Regulation
2000.

3 Integrated Planning Act 1997 and Integrated Planning Regulation 1998.

4 Regional Vegetation Management Code: Southeast Queensland Bioregion, 20
November 2006.

5 Policy for Vegetation Management Offsets, 20 November 2006,

6 NRW GiS/and resource data—

Certified PMAVs .

Certified Regional Ecosystem mapping version 5.0,
Declared Fish Habitat Area

Ramsar Wetlands

A Directory of Important Wetlands in Australia

Lakes

Springs

1:25k Drainage

Commonwealth of Australia 1:100 k Topographic Map
1:100 k Geology :
Slope/contours

Queensland Combined Soils (Australian Soils Classification) 1:25 k Drainage
(Caloundra}

Rainfall

Acid Sulphate Soils,

Satellite image - Spot 5, $G5610 — Gympie.

Essential habitat

State wildlife comidors

eensvne¢@eeee#2¢eenenHeese

so@#t#ee

The Australian Soil Classification.
8 Salinity Management Handbook.
Smartmap Information Services (SMIS)

 

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NRW ~ Decision Notice 2007/008064

. Findings relevant to the decision

In consideration of the evidence, the following findings were made that lead to the
application. of conditions to the approval.-

Assessment against Part P of the Regional Vegetation Management Code:
Southeast Queensland Bioregion, 20 November 2006.

PR P.3: Watercourses
Findings
= The Application is proposing to clear assessable vegetation within 10 metres
ofan order 1 stream due to the location of a proposed road. The application
——_---_-_~-dees not neet-the acceptable selution (AS),
« The application has proposed to protect bank stability against bank erosion,
maintain water quality aad aquatic habitat through measures as outlined on
plan ‘Soil erosion, contro! plan and details’ 07B217-sk1.P1. dated Aug 2007.

= To ensure compliance with the performance requirement (PR), appropriate
conditions have been applied to the permit.

 

PR P.4: Connectivity
Findings
" The Application is proposing to clear less thatr 2ha of assessable vegetation,
but will reduce the width of remnant vegetation to Less than 100 metres and
will occur where the width of remnant vegetation is less than 100 metres, The
application does not meet the AS.

= Despite the clearing of assessable vegetation proposed in this application, a
vegetated corridor of approximately 36 - 50 metres (18 - 30 metres within the
property) is proposed to be retained to enable connection between vegetated
areas on adjoining properties. This corridor includes vegetation ont the
adjoining undeveloped road reserve ie Edgar I Bennet Avenue, This Toad
This corridor has been required t to be retained a as ‘part of the Ministerial
decision notice.

= The application proposes that despite the clearing, a corridor of remnant
Scape and Will Tetiain as remnant
vegetation through the implementation of an Environment Management Plan,
Ecological Restoration Plan, Fauna Management Plan and Fire Management
Plan. Adherence to these plans has been conditioned into the existing
development approval dated 6 March 2006. ~

* To ensure compliance with the performance requirement (PR), appropriate
conditions have been applied to the permit.

 

PR P.5: Soil erosion
Findings

 

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NRW — Decision Notice 2007/008064

The clearing is located on a stable soil on 1 to 3% slope. The application meets
the AS.

To ensure compliance with the PR, appropriate conditions have been applied
to the permit.

PR P.7: Conserving remnant endangered regional ecosystems and of concern
regional ecosystems
Findings

The application proposes to clear assessable Of Concer Regional
Ecosystem’s (RE) 12.2.1 and 12.2.3. The application does not meet the AS.

The application is proposing to maintain the ‘current extent of the REs through
an offset on the adjoining property. The offset area is proposed to be given to
the Local Government to be retained for conservation purposes.

The proposed offset was assessed against the Policy for Vegetation
Management Offsets 20 November 2006. The application’s offset complies
with the policy for Vegetation Management Offsets 20 November 2006.

To ensure compliance with the PR, appropriate conditions have been applied
to the permit.

PR P.8: Essential Habitat
Findings

The application proposes to clear assessable vegetation identified as essential
habitat. The application does not meet the AS.

RE 12.2.1 is identified as essential habitat for the skink Ophioscincus
truncatus.

The application is proposing to maintain the current extent of the essential
habitat RE through an offset on the adjoining property.

The proposed offset was assessed against the Policy for Vegetation

Management Offsets 20 November 2006. The application’s offset complies
with the policy for Vegetation Management Offsets 20 November 2006.

To ensure compliance with the PR, appropriate conditions have been applied
to the permit. ;

3. Reasons
Conditions have been applied to this approval in order to ensure that the
development complies with Part P of the Code, specifically Performance
Requirements P.3, P.4, P.5, P.7 and P.8. :

 

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