OPW15/0240 - Conditions

1.	APPLICATION DETAILS

Application No:	OPW15/0240
Street Address:	18 Serenity Cl NOOSA HEADS  QLD  4567 Park - Sps # Nh09 5 Mossman Ct, NOOSA HEADS  QLD  4567
Real Property Description:	Lot 606 SP 195871
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Operational Works Prescribed Tidal Works - Sewer Rising Main replacement

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
U14356-03		Overall Works Plan prepared by Callaghan and Toth	October 2015
U14356-04		Layout Plan Sheet 1 of 8 prepared by Callaghan and Toth	October 2015
U14356-05		Layout Plan Sheet 2 of 8 prepared by Callaghan and Toth	October 2015
U14356-06		Layout Plan Sheet 3 of 8 prepared by Callaghan and Toth	October 2015
U14356-07		Layout Plan Sheet 4 of 8 prepared by Callaghan and Toth	October 2015
U14356-08		Layout Plan Sheet 5 of 8 prepared by Callaghan and Toth	October 2015
U14356-09		Layout Plan Sheet 6 of 8 prepared by Callaghan and Toth	October 2015
U14356-10		Layout Plan Sheet 7 of 8 prepared by Callaghan and Toth	October 2015
U14356-11		Layout Plan Sheet 8 of 8 prepared by Callaghan and Toth	October 2015
U14356-12		Longitudinal Section Sheet 1 of 1 prepared by Callaghan and Toth	October 2015

Safe pedestrian, marine and vehicle access in the vicinity of the works must be maintained at all times.

Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA) 1994 and the Environmental Protection (Water) Policy 2009.

The approval or conditions do not constitute a ruling on structural safety and the Applicant must make their own arrangements to ensure adequacy of design and work.  Also, any approval granted does not warrant that such plans and specifications have been checked in detail, nor does it absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in the execution and/or performance of said works.  The Council does not accept any responsibility for the accuracy of such plans and specifications as approved.

Certification by a Registered Professional Engineer of Queensland must be submitted to Council at the completion of the works.  The certification must state that the works have been constructed in accordance with best practice methods, are in accordance with Coastal Protection and Management Act 1995, are structurally sound and will have no detrimental affect on the existing revetment walls and river banks.

This approval lapses where the construction of the works has not been commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.

5.	REFERRAL AGENCIES

The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Schedule 7, Table 2, Item 13 (Tidal works) Schedule 7, Table 2, Item 15 (Tidal Works)	The agency provided its response on 5 February 2016  (Reference No. SPL-1015-024795).  A copy of the response is attached.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable
Note: do not include Plumbing and Drainage Work

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.
14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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