Council archive · source document
Executed Owners Consent Letter · MCU26/0084
Please be advised that a recent Ident survey has confirmed that the existing revetment wall extends outside the freehold boundary and encroaches onto Unallocated State Land (USL) within the Noosa River. Accordingly, this letter provides owners consent only for the demolition or removal of the existing revetment wall. Any replacement or reconstruction works must be carried out wholly within the boundaries of the freehold land being Lot 0 on BUP4021 and Lot 0 on BUP8989. The Department of the Environment, Tourism, Science and Innovation (DETSI) has identified matters requiring further consideration in relation to the proposed works. Consultation with DETSI must be undertaken to address matters within its jurisdiction, including clarification of the local government's role and responsibilities for foreshore management within the subject area. DETSI has also advised that the relevant person under sections 123 and 124 of the Coastal Protection and Management Act 1995 (the Act) be identified and confirmed in relation to the proposed construction of the groynes. Under section 123 of the Act, where tidal works are undertaken wholly or partly on State tidal land for, or under the authority of, the owner or occupier of adjoining land, the relevant person has a right to occupy and use the State tidal land for the purpose of carrying out
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 2 pages
Page 2
those works. Section 124 of the Act further places an obligation on the relevant person to ensure that the structures are maintained in a safe condition.
Page 3
achieve the geotechnical stability required to protect existing significant infrastructure on adjacent lots. Maritime Safety Queensland has confirmed that an annual top of sand will be required to keep the geotextile bags covered to prevent any hazard. Although owner's consent to the development application has been provided and no tenure under the Land Act 1994 is required, you are to undertake works on the land only if and when the development application has been approved by the assessment manager or responsible entity, and in accordance with the conditions of that approval. A copy of this letter is to be attached to your DA Form 1 as the required evidence of owners consent. You will also need to comply with all other legislative and regulatory requirements which may also include approvals that are not part of the assessment of the development application under the Planning Act 2016 e.g. a marine park permit if in a marine park. Further, please note that the above consent will expire on 11 February 2027. Should the development application not be lodged with the assessment manager or responsible entity prior to this date, you will be required again to lodge the DA Form 1 and any attachments with this Department with a further request for owner's consent - any further request will need to be reconsidered by the Department. It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage Act 2003 or the Torres Strait Islander Heritage Act 2003. Finally, owner's consent is required under the Planning Act 2016 to enable the application to be considered properly made for lodging with the assessment manager or responsible entity and is a completely separate process to assessment of the application under the Planning Act 2016. Accordingly, the State may act at a later date as assessment manager or responsible entity or referral agency or affected entity in the assessment of the development application - providing owner's consent will not influence any role the State may have in this development assessment. If you wish to discuss this matter please contact Christine Keogh on 07) 5451 2231. All future correspondence relative to this matter is to be referred to the contact Officer at the address below or by email to [email protected] quote reference number 2026/000910 in any future correspondence. Yours sincerely \ Danielle Godwin Senior Land Officer A duly authorised delegate of the Minister under the current Land Act (Ministerial) Delegation Page 3 of 3
Used in these records
Executed Owners Consent Letter.pdfRelated documentApplication case desk ↗
About this file
- File size
- 2.2 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.