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2103-21744 SRA - Response with conditions · OPW21/0049

Attached to the e-mail OPW21/0049 - SRA application correspondence - Referral agency response – with conditions.

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RA6-N




SARA reference:      2103-21744 SRA & 2204-28271 SRA
Council reference:   OPW21/0049



19 April 2022

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

Attention:       Daniel Wishaw


Dear Mr Wishaw


SARA response—Claude Batten Dr, 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 31 March 2021.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   19 April 2022
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         Material change of use for an
                                                               Environmentally relevant activity (ERA 16(1
                                                               (b) – Dredging material more than 10,000t
                                                               but less than 100,000t per year)

                                                               Operational work for Prescribed tidal works

SARA role:                         Referral agency


                                                                             DA Advisory Team (DAAT)
                                                                             Level 13, 1 William Street, Brisbane PO
                                                                             Box 15009 CITY EAST QLD 4002

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Full text of the other 11 pages

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                                                                                                   2103-21744 SRA




SARA trigger:                           Schedule 10, Part 5, Division 4, Table 2, Item 1 (Planning Regulation
                                        2017). Development application for a Material change of use involving
                                        Environmentally relevant activities.

                                        Schedule 10, Part 6, Division 3, Subdivision 3, Table 1, Item 1
                                        (Planning Regulation 2017). Development application for Operational
                                        work involving the Removal, destruction or damage of a marine plants.

                                        Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation
                                        2017). Development application involving Operational work impacting
                                        maritime safety.

                                        Schedule 10, Part 17, Division 3, Table 1 Item 1 (Planning Regulation
                                        2017). Development application involving Operational work that is tidal
                                        works.



SARA reference:                         2103-21744 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         Claude Batten Dr, Noosa Heads
Real property description:              On and adjacent to Lot 114 on MCH839107
Applicant name:                         Noosa Shire Council C/- BMT Global
Applicant contact details:               348 Edward St
                                         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-100232409
                                         Issue date: 7 April 2022
                                         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 concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 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 John Irving, Principal Planning Officer, on 4758 3421 or via email
[email protected] who will be pleased to assist.



 State Assessment and Referral Agency                                                                 Page 2 of 12

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                                                              2103-21744 SRA



Yours sincerely




Steve Conner
Executive Director

cc      BMT Global, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions
        Attachment 5 - Approved plans and specifications




 State Assessment and Referral Agency                           Page 3 of 12

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                                                                                                       2103-21744 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 plans and specifications 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 the
 Department 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.      (a) The construction, operation or maintenance of the approved                 (a)
             development must not damage or interfere (physically or by                 At all times
             electrical or electro-magnetic emissions) with any aid to
             navigation.                                                                (b)
                                                                                        As indicated
         (b) In the event that damage or interference is caused to any aid to
             navigation, the Harbour Master must be immediately contacted
             on (07) 3305 1700 and at the applicant's cost the damage or
             interference must be promptly repaired, replaced or interference
             removed.
 2.      (a) Provide written notice to the Regional Harbour Master (Brisbane)           (a)
             – (address below), when the development authorised under this              At least 20 business
             approval is scheduled to commence.                                         days prior to the
                                                                                        commencement of
         (b) Provide written notice to the Regional Harbour Master (Brisbane)           works
             – (address below), when the development authorised under this
             approval has been completed.

             Each notice must state this application number, the location and           (b)
             name of registered place and the condition number under which              Within 20 business
             the notice is being given and provided to                                  days of the completion
             [email protected] or mail to:                               of works
                 Maritime Operations Base
                 MacArthur Avenue East
                 Pinkenba QLD 4008
 3.      (a) Provide a Marine Execution Plan (MEP), prepared by an                      (a) and (b)
             appropriately qualified person(s), to the Regional Harbour Master          At least 20 business
             (Brisbane) at [email protected] or mailed to:               days prior to the
                 Maritime Operations Base                                               commencement of
                 MacArthur Avenue East                                                  works
                 Pinkenba QLD 4008
                                                                                        (c)
         (b) The MEP must ensure the safe management of marine works                    For the duration of
             and should include:                                                        works
                  i. forecasted start and end dates
                 ii. hours of work
                iii. methodology overview
               iv. contractor details of principal barges and marine



 State Assessment and Referral Agency                                                                    Page 4 of 12

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                                                                                              2103-21744 SRA




                     equipment involved
                 v. a Barge Mooring Plan
                vi. extreme weather contingency plans
               vii. contact details for 24/7 communication during extreme
                     weather events and emergencies
               viii. a Vessel Traffic Management Plan
                ix. marking of navigation hazards.

        (c) Undertake the works in accordance with the MEP.
4.      (a) Prepare a hydrographic survey (conducted to C class) of the            Within 20 business
            authorised dredging channel                                            days of completion of
                                                                                   the works
        (b) Provide a copy of the hydrographic survey to Regional Harbour
            Master (Brisbane) at
            [email protected] or mailed to:
               Maritime Operations Base
               MacArthur Avenue East
               Pinkenba QLD 4008
5.      (a) All vessels, structures, plant and equipment associated with the       For the duration of
            works must not impede the safe navigation of other ships or            works
            restrict safe access to or from neighbouring structures, including
            access across Noosa Bar.

        (b) All vessels, structures, plant and equipment associated with the
            works must be lit/marked in accordance with the following
            specifications:
              i.   dredging plant to include symbology indicating safe side to
                   pass
             ii.   all barges are to be lit at night, including flashing yellow
                   lights, characteristics Fl.Y.4s on all corners
            iii.   any floating pipeline is to be marked by poles with retro-
                   reflective tape for daytime and flashing yellow lights,
                   Fl.Y.4s, at regular intervals
            iv.    any submerged pipeline us to be marked by yellow special
                   marks indicating obstruction on the seabed
             v.    any barge anchors deployed must be marked with yellow
                   buoys and fitted with flashing yellow lights, characteristics
                   Fl.Y.4s
            vi.    temporary marker buoys may need to be laid to mark
                   extremities of work.

        (c) Lighting provided must not obscure, disguise or otherwise
            interfere with the effectiveness of navigational lighting.
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:
6.      The dredging and beach nourishment must be undertaken generally            For the duration of the
        in accordance with the following plans:                                    works
           i.   General Arrangement, prepared by BMT, dated 26/05/2021,


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                                                                                                 2103-21744 SRA




                 Drawing Number A10342-02-02, revision C, as amended in
                 red by SARA
           ii.   Typical Sections and Volumes, prepared by BMT, dated
                 29/01/2021, Drawing Number A10342-02-03, revision A.
7.      (a) Prepare a hydrographic survey (conducted to C class) of the           Within 20 business
            authorised dredging channel and beach nourishment area.               days of the completion
                                                                                  of the works
        (b) Provide a copy of the hydrographic surveys to:
            [email protected] or mail to:
             Department of Environment and Science
             Permit and Licence Management
             Implementation and Support Unit
             GPO Box 2454
             Brisbane Qld 4001
8.      (a) In the event that the works cause disturbance or oxidisation of       (a)
            acid sulfate soil, the affected soil must be treated and thereafter   Upon disturbance or
            managed (until the affected soil has been neutralised or              oxidisation until the
            contained) in accordance with the current Queensland Acid             affected soil has been
            Sulfate Soil Technical Manual: Soil management guidelines,            neutralised or
            prepared by the Department of Science, Information Technology,        contained
            Innovation and the Arts, 2014.
                                                                                  (b)
        (b) Provide certification by an appropriately qualified person,           At the time the soils
            confirming that the affected soil has been neutralised or             have been neutralised
            contained, in accordance with (a) above is to be provided to          or contained
            [email protected] or mailed to:
             Department of Environment and Science
             Permit and Licence Management
             Implementation and Support Unit
             GPO Box 2454
             Brisbane Qld 4001

        Note: Appropriately qualified person means a person or persons who
        has professional qualifications, training, skills and experience
        relevant to soil chemistry or acid sulfate soil management and can
        give authoritative assessment, advice and analysis in relation to acid
        sulfate soil management using the relevant protocols, standards,
        methods or literature.
The chief executive administering the Planning Act 2016 nominates the Director-General of the
Department 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:
9.      The dredging and beach nourishment must be carried out generally          For the duration of
        in accordance with the following plans:                                   works
            i.  General Arrangement prepared by BMT dated 26/05/2021,
                Drawing Number A10342-02-02 and revision C, as amended
                in red by SARA
           ii.  Typical Sections and Volumes, prepared by BMT, dated
                29/01/2021, Drawing Number A10342-02-03, revision A.
10.     Impacts to marine plants associated with the beach nourishment is         At all times



State Assessment and Referral Agency                                                               Page 6 of 12

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                                                                                                       2103-21744 SRA




        limited to the areas identified in Figure 2-1 of Dog Beach Sand
        Nourishment project: Marine Plant Monitoring Plan prepared by BMT
        dated 29 June 2021, reference R.A10342.002.00.Marine Plant
        MP.docx, as amended in red by SARA, being:
            i.   the permanent removal of 244.2 m2 of dead marine wood
           ii.   the temporary disturbance of 45.9 m2 of subtidal detritus.
11.     (a) Monitoring of impacts to marine plants must be undertaken                   As stated in the Marine
            generally in accordance with Dog Beach Sand Nourishment                     Plant Monitoring Plan
            project: Marine Plant Monitoring Plan prepared by BMT dated 29
            June 2021, reference R.A10342.002.00.Marine Plant MP.docx,
            as amended in red by SARA.

        (b) Monitoring reports must be submitted to
            [email protected] in accordance with Table 2-1 of the
            Dog Beach Sand Nourishment project: Marine Plant Monitoring
            Plan.
12.     The works must only be conducted between April and September to                 For the duration of the
        minimise the impacts on fish spawning and the flowering and fruiting            works
        of marine plants.
13.     Enter into an agreed delivery arrangement to deliver an                         Prior to commencing
        environmental offset in accordance with the Environmental Offsets               any works that impact
        Act 2014 to counterbalance the significant residual impacts on the              on the marine plants
        matter of state environmental significance being 244.2 m2 of marine
        plants.
14.     Provide written notice to [email protected], when the                (a)
        development authorised under this approval:                                     At least 5 business
                                                                                        days but no greater
        (a) will start                                                                  than 20 business days
                                                                                        prior to the
        (b) when it has been completed.                                                 commencement of the
                                                                                        works
        These notices must state referral response reference 2103-21744
        SRA.
                                                                                        (b)
                                                                                        Within 20 business
                                                                                        days of the completion
                                                                                        of the fisheries
                                                                                        development works
15.     Spoil is managed to prevent acid soil development.                              At all times
16.     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.
17.     Marine plants that are temporarily removed, damaged or destroyed                Within 5 years of
        by this development must be restored to pre-disturbance condition.              removal, damage or
                                                                                        destruction of the
        Note: Marine plants are matters of State environmental significance under       marine plants
        the Environmental Offsets Act 2014. Due to the claims that restoration will
        occur made in this development application these have not been included in
        a significant residual impact for the purpose of calculating an environmental



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                                                                                                      2103-21744 SRA




        offset for this development. Failure to rehabilitate or restore these marine
        plants within 5 years will represent unlawful removal damage or destruction
        of marine plants under the Fisheries Act 1994 from that date.

18.     Material used in the development (e.g. debris, construction material,          For the duration of the
        soil, etc.) are to be promptly removed from the intertidal zone.               works the subject of
                                                                                       this approval and to be
                                                                                       maintained
19.     Tidal land profiles that are temporarily disturbed by the development          Upon completion of the
        works (other than those within the permanent development footprint,            works the subject of
        as shown on General Arrangement prepared by BMT dated                          this approval
        26/05/2021, Drawing Number A10342-02-02 and revision C, as
        amended in red by SARA, must be promptly restored to pre-work
        profiles.
Material change of use
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:
20.     The dredging of up to 100,000t in a year is permitted generally in             At all times
        accordance with the following plans:
           i.  General Arrangement prepared by BMT dated 26/05/2021,
               Drawing Number A10342-02-02 and revision C, as amended
               in red by SARA
          ii.  Typical Sections and Volumes, prepared by BMT, dated
               29/01/2021, Drawing Number A10342-02-03, revision A.




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                                                                                         2103-21744 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) v2.6. If a word remains undefined it has
        its ordinary meaning.




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                                                                                            2103-21744 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARA’s decision are:

The proposal complies with State code 7: Maritime safety of the State Development Assessment
Provisions (SDAP) due to all vessels, structures, plant and equipment associated with the project will be
lit/marked in accordance with the required standards such that they do not cause a risk to navigation
safety.

The proposal complies with State code 8: Coastal development and tidal works of SDAP: Specially,
the development:
        will not adversely impact coastal processes
        enhances public use of, and access to and along state coastal land

The proposal complies with State code 11: Removal, destruction or damage of marine plants and:
Specially, the development:
       maintains marine plant communities and protects ecological functions to which they contribute
       minimises impacts of fisheries resources and fish habitats
       the significant residual impact on matters of state environmental significance will be
            counterbalanced through an environmental offset.

The proposal complies with State code 22: Environmentally relevant activities of SDAP: Specially, the
development:
       is located to minimise environmental harm on environmental values of the natural
          environment, adjacent sensitive land uses and sensitive receptors
       avoids impacts on matters of state environmental significance, and where avoidance is not
          reasonably possible, minimises and mitigates impacts
       adequately mitigates impacts associated with the environmentally relevant activity.


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 2.6), as published by SARA
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019




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                                                2103-21744 SRA




Attachment 4—Change representation provisions
(page left intentionally blank)




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                                                 2103-21744 SRA




Attachment 5—Approved plans and specifications
(page left intentionally blank)




 State Assessment and Referral Agency             Page 12 of 12

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