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2602-50964 SDA Action notice not properly made

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AM2-N




SARA reference:       2602-50964 SDA

11 March 2026

 Chris Smith
 C/-Pivotal Perspective Pty Ltd
 3/3 Hilton Tce
 TEWANTIN QLD 4565
 [email protected]

Attention:        Jack Lewis

Dear Sir/Madam


Action notice—not properly made application
(Given under Chapter 1, Section 3.1 of the Development Assessment Rules)

The State Assessment and Referral Agency (SARA) received your development application for the
following premises on 25 February 2026.

Location details
 Street address:                   2 Noosa River Drive, Noosa North Shore
 Real property description:        Lot 10 on RP47488
 Local government area:            Noosa Shire Council

The application does not meet the requirements for a properly made application under section 51 of the
Planning Act 2016. The reasons for this decision are:
    the correct fees have not been paid
     o   you have paid SARA $15,032 for Schedule 8, Table 4, Item 3 (b) (8.4.3(b)) – Operational work
         that is the clearing of native vegetation
     o   the correct trigger is Schedule 8, Table 4, Item 3 (e) (8.4.3(e)) – Operational work that is the
         removal, destruction or damage of a marine plant
     o   the applicable fee for 8.4.3(e) varies depending on the extent of impacts to marine plants in
         square metres
     o   your application material does not specify the extent of impacts to marine plants in square
         metres and impacts to tidal land, only that the impact to marine plants is unavoidable and
         negligible.
    your application includes Operational work that is tidal works
     o   based on the material provided (Figure 1 on page 3), your application includes Operational Work
         for tidal work that has not been applied for


                                                                           SEQ (North) regional office
                                                                           PO Box 1129, Maroochydore
 Page 1 of 3                                                               QLD 4558
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                                                                                                    2602-50964 SDA



     o   under the Planning Regulation 2017, Council is Assessment Manager for prescribed tidal works
         applications.

The following actions must be taken before your application will be accepted as properly made:
  the correct marine plants trigger fee is identified
     o   provide details of the extent of marine plant impact in square metres and update relevant
         proposal plans to depict the extent of marine plant impact so that SARA can verify the applicable
         fee.
     o   based on the material provided, SARA’s view is that the applicable fee for trigger 8.4.3(e) is likely
         fee item 5(c)(ii) 13,715 fee units equivalent to $15,032, which states ‘the operational work is the
         removal, destruction or damage of marine plants covering an area of more than 1500m2 and is
         not expected to cause a loss of capacity of tidal land’
               Marine plants are defined under the Fisheries Act 1994 and include the following:
               a) a plant (a tidal plant) that usually grows on, or adjacent to, tidal land, whether it is living,
               dead, standing or fallen;
               b) material of a tidal plant, or other plant material on tidal land;
               c) a plant, or material of a plant, prescribed under regulation or management plan to be a
               marine plant.
               The loss of capacity of tidal land in the Planning Regulation 2017 means the loss of the
               capacity of the land to sustain marine plants of the quality or quantity sustained on the land
               before operational work is carried out.
  Provide confirmation as to how the tidal works aspect of your proposed development is going to be
   addressed, in consultation with the Council.

To ensure the application is properly made:
    complete the above actions; and
    give SARA notice advising that you have complied with the action notice within 20 business days,
     starting the day after receiving the action notice, or a further agreed period.

For further information please contact Helen Reilly, Planning Officer, on 4037 3239 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Alice Davis
Principal Planning Officer


CC: Noosa Shire Council, [email protected]




 State Assessment and Referral Agency                                                                   Page 2 of 3

Page 3

                                                                                         2602-50964 SDA




Figure 1: Proposed development involving tidal works (new boardwalk and jetty removal)




 State Assessment and Referral Agency                                                       Page 3 of 3

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