Council archive · source document
2103-21744 SRA - Response with conditions · OPW21/0049
Attached to the e-mail OPW21/0049 - SRA application correspondence - Referral agency response – with conditions.
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
Page 1 of 12
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 11 pages
Page 2
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
Page 3
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
Page 4
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
Page 5
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,
State Assessment and Referral Agency Page 5 of 12
Page 6
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
Page 7
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
State Assessment and Referral Agency Page 7 of 12
Page 8
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.
State Assessment and Referral Agency Page 8 of 12
Page 9
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.
State Assessment and Referral Agency Page 9 of 12
Page 10
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
State Assessment and Referral Agency Page 10 of 12
Page 11
2103-21744 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 11 of 12
Page 12
2103-21744 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 12 of 12
Used in these records
2103-21744 SRA - Response with conditions.pdfRelated documentApplication case desk ↗
About this file
- File size
- 339 KB (small file)
- File type
No other editions are linked here.