2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 SEPTEMBER 2019


conducted by the operator of this jetty and would not be confined to the lease areas of other
jetties on the Noosa River.
The commercial activities undertaken at this jetty include a bowser which is located at the
northern end of the jetty and now results in commercial activity occurring external to the lease.
This is contrary to the advice received during the assessment of the initial application when the
applicant advised that:
      the widest vessel in their fleet that could possibly moor on the end of the jetty is 2.6m
      wide…our client would be happy to reduce the length of the jetty/pontoon by a minimum
      2.6m enabling their widest vessel to moor in the end of the jetty and still be within their
      allocated lease area.
The applicant’s argument that vessels be permitted to utilise the jetty outside of the lease area is
not consistent with the Planning scheme outcome or Council’s intent for the area. The expansion
of jetties to the extent of their lease area necessitating commercial activities to occur outside the
lease area leads to cluttering of the waterway and adversely affects public access to the Noosa
River and the Noosa River’s character and amenity.
Marine Facility Lease
The applicant has entered into a Marine Facility lease with the Department of Natural Resources,
Mines and Energy which includes a number of conditions with which the proposed change
conflicts. These conditions are detailed below:
Regulatory Conditions
6.    Compliance with Laws: The lessee must comply with all lawful requirements of the:
      a. Local Government; and
      b. any department within the Queensland or Commonwealth governments (including the
         department administering       the Land Act       1994), local authority or statutory
         instrumentality having jurisdiction over the land, or the development, use and
         occupation of the land, in regard to its use, occupation and development of the land.
Special conditions
7.    The lessee must ensure that the development and use of the land meets with the Planning
      Scheme, Local Laws and requirements of the Noosa Shire Council, binding the lessee.
Tidal requirements
7.    The lessee must, take all reasonable action to ensure that all vessels attached to moorings
      within the boundaries of the land must be moored wholly within such boundaries and that
      such vessels or any part/s thereof must not encroach beyond the boundaries of the land.
The proposed change and as constructed works conflict with the above stated conditions as the
works do not comply with the Noosa Council Planning Scheme and vessels utilising the jetty are
regularly outside the lease area. It is recommended that Council inform DNRME the constructed
works may result in non-compliance with conditions of the lease. Discussions with a DNRME
officer have confirmed that the department would investigate a concern raised by Council. It is
noted that a joint compliance review of marine facility leases, undertaken by DNRME and Noosa
Council, is scheduled for December 2019.
It is acknowledged that the lease holder could make an application to DNRME to extend the
lease area. The process to extend an existing lease area was discussed with a DNRME officer
who advised that any application to extend a lease area would be assessed by the department
against the Land Act 1994 and would involve consultation with Council.
Existing leases along the river vary in shape and size due to mainly historical reasons reflective
of existing structures and the like. The existing lease for Jetty 180 is approximately 24 x 64
metres and is irregular in shape. The length of this lease is the longest of all the leases between
Tewantin and Noosa Heads and extends substantially into the river, though several leases in this
area are wider than the width of this lease.

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