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Other Change Decision Notice - Council Meeting Decision 132005 638 04 (As Published)

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                                                            Officer:            Matthew Pinese
                                                            Direct Telephone:   07 53296316
                                                            Our Reference:      132005.638.04
                                                            Your Reference:     n/a

                23 December 2025


                Noosa Shire Council
                C/- Adamson Town Planning Pty Ltd
                PO Box 894
                COOROY QLD 4563
                [email protected]



                Dear Shane
                                         Decision Notice – Other Change
                                                      Planning Act 2016

                I refer to your application and advise that on 18 December 2025, Council decided to approve
                the application, subject to conditions.
                Details of the decision are as follows:
                1.      APPLICATION DETAILS

                    Application No:           132005.638.04

                    Street address:           Eumundi Land Fill 561 Eumundi Noosa Road,
                                              Doonan Qld 4562

                    Real property description: Lot 77 on SP298776 (formally Lot 77 on SP177938)

                    Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                2.      DECISION DETAILS

                The following type of approval was issued on 24 November 2005:
                •      Material Change of Use – Expansion of Special Purpose (Waste Disposal & Recycling
                       Facility) & Ongoing Clearing Purposes.
                In relation to the request to make an Other Change to the existing approval, Council on 18
                December 2025, decided to approve the requested changes. The changes are detailed
                below.
                •      Approve the application
                •      Amend condition 15 and include additional conditions 46 to 56
                3.      CURRENCY PERIOD OF APPROVAL

                The currency period for this development approval is stated in the conditions below.




                ABN 97.969.214.121                                                                      PO Box 141
                noosa.qld.gov.au                                                                 Tewantin QLD 4565
                [email protected]                                                                 07 5329 6500
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                4.      ASSESSMENT MANAGER CONDITIONS

                PLANNING
                        When Conditions must be Complied With
                        Land Use
                1.      Development undertaken in accordance with this approval must generally comply with
                        the approved plans of development. The approved plan is titled Proposed Future
                        Development of Noosaville Landfill stamped and dated 24 November 2005 and as may
                        be amended by these conditions.
                2.      The development must be undertaken and operated in a manner that causes no
                        detrimental effect upon the amenity of the neighbourhood by reason of the creation of
                        excessive noise, lighting nuisance or other emissions.
                3.      Existing trees on the site and within road reserves are to be retained, except where
                        required to be removed due to building operations or the conduct of the approved use.
                4.      Cleared vegetation is to be suitably processed by one of the following methods and
                        removed from the site:
                        a.      Processing through a woodchipper or shredder. The resulting mulch is to be
                                stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
                                high with a minimum of 10 metres between edges of heaps.
                        b.      Disposal for firewood.
                        c.      Disposal for landscaping purposes.
                        d.      Transport to alternative site for breaking down materials provided that all
                                necessary permits have been obtained to allow the alternate site to be used for
                                this purpose.
                        e.      The Applicant is advised that burning off is an unacceptable method of disposal.
                5.      Any advertising sign or device is to comply with Council’s policies on advertising.
                6.      A Bushfire Management Plan is required to be prepared by a suitably qualified expert
                        detailing any measures that are required to be undertaken on the subject site to ensure
                        the risk of bushfire hazard is minimised and managed. The plan shall be to the
                        reasonable satisfaction of the Queensland Fire and Rescue Service.
                7.      The proposed extensions to the Waste disposal and recycling facility shall incorporate
                        requirements for the management of acid sulfate soils in accordance with State Planning
                        Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils.
                8.      A Koala Management Plan is required to be prepared by a suitably qualified expert
                        detailing any proposed relocation of koalas and rehabilitation of other areas of the site
                        with suitable koala food trees, if appropriate.
                9.      The Development Permit for a material change of use of premises lapses if the use has
                        not happened by 24 November 2009 unless an application to extend the currency is
                        approved by Council.
                        Land Development
                10.     Any person acting on this permit shall prevent erosion and sediment export from leaving
                        the site. Site control measures such as silt fencing, controlled gravel access to the site
                        and controlled disposal of waste, will be necessary.
                11.     Prior to undertaking any excavation, the person acting on this permit shall contact public
                        utility service providers to ascertain the location of their underground services.




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                12.     The person acting on this permit shall apply and obtain all other necessary permits
                        including crane, road opening, hoarding, footpath occupation and/or any other approvals
                        required under any other Act or By-Law.
                13.     The transportation of all materials to and from the site shall be undertaken in a manner
                        such that no particulate matter escapes onto a public road. All vehicles carrying
                        materials either to or from the site shall be covered to prevent materials including dust
                        being windblown from the vehicle.
                Additional conditions 15 February 2024
                14.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use commencing, and then compliance maintained at all times while the use
                        continues.
                        Approved Plans
                15.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the table/s below. The plans must be amended to
                        incorporate the amendments listed within the table below and resubmitted to Council
                        prior to the commencement of any works commencing on the site.

                          Plan No.           Rev.    Plan/Document Name                           Date

                          501042 CO2         A       Proposed offset planting plan prepared 7/12/2023
                                                     by Noosa Council

                          M25-0445Rpt        A       Flood Impact Assessment prepared by February 2025
                                                     Covey

                        The following plans require amendment.

                          Plan No.           Rev.    Plan/Document Name                           Date

                          M25-0042Rpt        A       Stormwater Management Plan prepared February 2025
                                                     by Covey
                                                 ▪   Specify the final HES basin detail from the range of options
                          Amendments
                                                     presented in the report, including consideration of whether
                                                     a Type-B HES basin may present a lower-risk option
                                                     compared to the flap-gated arrangement proposed to
                                                     prevent back-flows into the Type-A arrangement as
                                                     currently proposed;
                                                 ▪   Include all details for the sizing and proposed levels of the
                                                     HES basin within the body of the report, based on recent
                                                     detailed survey at the point of discharge and downstream;
                                                     and
                                                 ▪   Include construction-phase erosion and sediment control
                                                     plans which document how the transition from the current
                                                     HES basin location to the ultimate location (including filling
                                                     for the RRA pad) will be achieved.

                        *(Refer to Advisory Note)




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                Nature and Extent of Approved Use
                16.     This development permit authorizes a Utility Installation (Waste disposal and recycling
                        facility) to be established on the site. The subject use is limited to waste management
                        and ancillary activities associated with the primary use occurring on the site.
                17.     The landfill waste management activities must not extend outside the designated use
                        areas as shown on the approved plans. Signage is to be placed along the northern,
                        eastern, and southern boundaries of the approved use areas to assist in delineating the
                        edge of the approved use areas and surrounding bushland.
                18.     This approval does not approve any new building or structures within the resource
                        recovery area except for any fencing or signage permitted as part of this approval.
                        Public safety
                19.     Public signage must be erected along all internal roads to assist the public navigate
                        through the site, in particular the resource recovery area.
                ECOLOGY AND ENVIRONMENT
                20.     A detailed Offset Delivery Plan (ODP) must be developed in accordance with the
                        Environmental Offsets Act 2014. The development must offset a minimum 500 non
                        juvenile koala habitat trees (the impact) at the ratio of 6:1 to satisfy the State Government
                        Supported Infrastructure Koala Policy 2017.The ODP shall include details such as
                        species composition, planting density, planting methodology, annual reporting and
                        include a minimum 5-year maintenance for the proposed 1.8ha Offset area.
                21.     Certification must be submitted to Council from a qualified person* which certifies that
                        the subject works have been undertaken in accordance with the approved Offset
                        Delivery Plan prior to the commencement of the use of the additional area.
                        *(Refer to Advisory Note)
                22.     Construct a minimum 1.8m temporary fence around the operational areas of the landfill
                        to prevent rubbish from leaving the landfill area and depositing in the adjoining bushland.
                23.     A Weed Management Plan must be prepared which addresses weed management
                        along the interface of the proposed earthworks footprint with bushland areas, including
                        but not limited to a minimum 5m grassed buffer area between the proposed resource
                        recovery and the adjoining vegetation to the north. Control of all weed species listed in
                        the following standards and legislation must be undertaken:
                        a.      Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
                                Regulation 2016)
                        b.      Council’s Biosecurity Plan 2020 pest plants listed in schedule 1 part 3, schedule
                                2, and nonscheduled invasive species.
                24.     The requirements and recommendations of the approved weed management plan must
                        be implemented. Certification must be submitted to Council from a qualified person*
                        which certifies that the subject works have been undertaken in accordance with the
                        approved Weed Management Plan.
                        *(Refer to Advisory Note)
                25.     A Sediment and Erosion Control Plan must be prepared by a suitably qualified person*.




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                26.     The sites supervising engineer must ensure that the sediment and erosion control
                        measures have:
                        a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with
                                “best practise” methods,
                        b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in
                                the projected construction schedule and/or methods,
                        c.      Been revised to address predicted rainfall events, and
                        d.      Achieve the desired environmental outcomes.
                27.     The erosion and sediment control measures must be designed, installed, and
                        maintained in accordance with the current best practice standards.
                28.     Certification must be submitted to Council from a qualified person* which certifies that
                        the subject works have been undertaken in accordance with the Sediment and Erosion
                        Control Plan.
                        *(Refer to Advisory Note)
                29.     A Vegetation Removal & Fauna Management Plan must be prepared by a suitably
                        qualified person to mitigate the risk of clearing impacts to all native fauna and adjoining
                        vegetation. The sequential clearing requirements specified under the Nature
                        Conservation (Koala) Conservation Plan 2017 are to be adopted in the Plan.
                30.     A suitably qualified person must be engaged to manage flora and fauna prior and during
                        clearing to ensure works are carried out in accordance with the Vegetation Removal and
                        Fauna Management Plan (required as part of this approval) and the Nature
                        Conservation Act 1992.
                31.     Certification must be submitted to Council from a qualified person* which certifies that
                        the subject works have been undertaken in accordance with the approved Vegetation
                        Removal & Fauna Management Plan.
                        *(Refer to Advisory Note)
                32.     An Arborist Assessment must be completed by a suitably qualified and experienced
                        Level 5 consulting arborist of the trees likely to be impacted along the edge of the
                        earthworks footprint and any recommendations made are adopted. Disturbance to
                        retained remnant vegetation and tree root protection zones of large, retained habitat
                        trees (trees with dbh >300mm) that occur next to the clearing area is to be avoided as
                        far as practicable.
                33.     Certification must be submitted to Council from a qualified person* which certifies that
                        the subject works have been undertaken in accordance with the approved Arborist
                        assessment.
                        *(Refer to Advisory Note)
                        Bushfire management
                34.     A bushfire hazard assessment must be prepared in accordance with the SPP 2019
                        Guidelines: Natural hazards Risk and Resilience Bushfire 2019 and the QFES Bushfire
                        Resilience Community 2019 for the development.
                35.     The development must be carried out in accordance with the requirements and
                        recommendations of the Bushfire Management Plan. Certification must be submitted to
                        Council from a qualified person* which certifies that the subject works have been
                        undertaken in accordance with the approved Bushfire Management Plan.
                        *(Refer to Advisory Note)
                36.     A copy of the Bushfire Management Plan must be provided to the nearest fire authority



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                        and always maintained at the waste management facility site office.
                37.     Certification must be submitted to Council from a qualified person* which certifies that
                        the development has been undertaken and constructed in accordance with the bushfire
                        management conditions of this Decision Notice.
                        *(Refer to Advisory Note)
                38.     A review and certification of the Bushfire Management Plan is required every 5 years to
                        ensure its currency and must be submitted to Council from a qualified person*.
                        *(Refer to Advisory Note)
                        Environmental covenant
                39.     A vegetation protection covenant must be registered against the title/s of the property
                        over the area identified as the 1.8ha Proposed Offset Planting Area as shown on the
                        Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
                        document and a survey plan must be submitted to Council for endorsement prior to
                        lodgement with the relevant titles authority for registration of title. The covenant
                        document must:
                        a.      incorporate the requirements of this Decision Notice
                        b.      include Noosa Council as Covenantee reference Queensland Land Title Registry
                                Standard Terms Document No. 715597513.
                40.     The vegetation protection covenant document must be registered with the titles office
                        before the commencement of the use of the expanded Resource Recovery Area.
                ENGINEERING
                        Earthworks and Retaining Walls
                41.     All fill and associated batters must be contained entirely within the approved use area
                        and must be designed and certified by a suitably qualified person.
                        Acid Sulfate Soils
                42.     An Acid Sulfate Soils Investigation Report must be prepared to mitigate the risk of acid
                        sulfate soils on the adjacent bushland /wetland areas.
                        All requirements and recommendations of the Acid Sulfate Soils Investigation Report
                        must be certified by a suitably qualified person*.
                        *(Refer to Advisory Note)
                STORMWATER
                43.     Prior to the construction of the pad area for the expansion of the Resource Recovery
                        Area (RRA) and the relocation of the HES basin, provide an updated SWMP, which is
                        based on the Covey’s Stormwater Management Plan (M25-0042Rpt, Issue A) dated
                        February 2025 and which addresses the following:
                        a.      Specify the final HES basin detail from the range of options presented in the report,
                                including consideration of whether a Type-B HES basin may present a lower-risk
                                option compared to the flap-gated arrangement proposed to prevent back-flows
                                into the Type-A arrangement as currently proposed;
                        b.      Include all details for the sizing and proposed levels of the HES basin within the
                                body of the report, based on recent detailed survey at the point of discharge and
                                downstream; and
                        c.      Include construction-phase erosion and sediment control plans which document
                                how the transition from the current HES basin location to the ultimate location
                                (including filling for the RRA pad) will be achieved.




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                44.     All future building floor levels and waste management areas are to be provided with
                        surface levels which are a minimum of 300mm above the 1%AEP local flood level,
                        including allowance for climate change by year 2100.
                45.     Works are to be undertaken generally in accordance with Covey’s Flood Impact
                        Assessment (M25-0445Rpt, Issue A) dated February 2025. In conjunction with detailed
                        design for the project, the design of the fill pad and the Flood Assessment are to be
                        updated to incorporate a system for flow conveyance and distribution along the northern
                        boundary of the fill pad which achieves greater replication of existing flow patterns to the
                        retained vegetation north of the works. This is required in order to mitigate potential
                        changes in wetness resulting from frequent discharges or the risk of erosion during less
                        frequent events.
                Additional Conditions 18 December 2025
                        Approved Plans
                46.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the table below.

                           Plan No.           Rev.   Plan/Document Name                            Date

                           GC 147 MPAC 1        0    Site Now prepared by Flexure Pty Ltd          14/02/2025

                           GC 147 MPAC 4        0    Infrastructure and demolition prepared 14/02/2025
                                                     by Flexure Pty Ltd

                           GC 147 MPAC 5        0    Site – proposed works prepared by 14/02/2025
                                                     Flexure Pty Ltd

                           GC 147 MPAC 6        0    Site + new weighbridges prepared by 14/02/2025
                                                     Flexure Pty Ltd

                           GC 147 MPAC 7        0    Site – infrastructure prepared by Flexure 14/02/2025
                                                     Pty Ltd

                           GC 147 MPAC 8        0    Plan – Reviva-ground, 1st prepared by 14/02/2025
                                                     Flexure Pty Ltd

                           GC 147 MPAC 9        0    Plan – Reviva-roof prepared by Flexure 14/02/2025
                                                     Pty Ltd

                           GC 147 MPAC          0    Plan – structure reviva prepared by 14/02/2025
                           10                        Flexure Pty Ltd

                           GC 147 MPAC          0    Plan – Transfer – ground prepared by 14/02/2025
                           11                        Flexure Pty Ltd

                           GC 147 MPAC          0    Plan – Transfer – 1st prepared by 14/02/2025
                           12                        Flexure Pty Ltd

                           GC 147 MPAC          0    Plan – Transfer – roof prepared by 14/02/2025
                           13                        Flexure Pty Ltd

                           GC 147 MPAC          0    Plan – structure transfer prepared by 14/02/2025
                           14                        Flexure Pty Ltd




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                           GC 147 MPAC         0    Sections prepared by Flexure Pty Ltd       14/02/2025
                           15

                           GC 147 MPAC         0    Elevations Reviva prepared by Flexure 14/02/2025
                           16                       Pty Ltd

                           GC 147 MPAC         0    Elevations Transfer prepared by Flexure 14/02/2025
                           17                       Pty Ltd

                           GC 147 MPAC         0    Reviva Entry View prepared by Flexure 14/02/2025
                           18                       Pty Ltd

                           GC 147 MPAC         0    Transfer View prepared by Flexure Pty 14/02/2025
                           19                       Ltd

                           GC 147 MPAC         0    Recycle prepared by Flexure Pty Ltd        14/02/2025
                           21

                           GC 147 MPAC         0    Recycle/Reviva prepared by Flexure Pty 14/02/2025
                           22                       Ltd

                        Building Height
                47.     The maximum height of the development must not exceed 9 metres above the ground
                        level. Including where excavation is undertaken the exposed portion of the external
                        façade of the building.
                        Building Appearance
                48.     External design features, materials and finishes must be as shown on the Approved
                        Plans, with no inclusions or alterations made without approval in writing by Council.
                        Water & Sewer Connections
                49.     The development must be provided with a potable water supply having a capacity
                        sufficient for the use.
                50.     An underground connection to reticulated sewerage must be provided to the premises
                        in accordance with the standards and requirements of Northern SEQ Distributor–
                        Retailer Authority (Unitywater).
                51.     A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
                        (Unitywater) must be submitted to Council that certifies an underground connection to
                        reticulated water and sewerage has been provided to the premises.
                ECOLOGY AND ENVIRONMENT
                52.     A detailed offset delivery plan (ODP) must be developed generally in accordance with
                        the Environmental Offsets Act 2014, and Revised Determination and Location of Offset
                        Requirements – Site A on Lot 77 SP298776, dated 6th February 2025, prepared by
                        Native Foresters.
                53.     Certification must be submitted to Council from a qualified person* which certifies that
                        the subject works have been undertaken in accordance with the Offset Delivery Plan
                        prior to the commencement of the use of the additional area.
                        *(Refer to Advisory Note)




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                54.     All recommendations outlined in Section 7.0 of the Flora and Fauna Assessment must
                        be fully implemented before the commencement of the new facilities. Certification
                        prepared by a suitably qualified person, must be provided to confirm that all works have
                        been completed in accordance with the Flora and Fauna Assessment.
                55.     Rehabilitation and weed management of the 30-metre-wide vegetation buffer area west
                        of the Cleanaway Depot must be undertaken generally in accordance with the
                        recommendations of the Revised Determination and Location of Offset Requirements –
                        Site A on Lot 77 SP298776 Letter.
                56.     Certification must be submitted to Council from a qualified person* which certifies that
                        the rehabilitation and weed management works have been undertaken in accordance
                        with the Revised Determination and Location of Offset Requirements – Site A on Lot 77
                        SP298776 Letter.
                        *(Refer to Advisory Note)
                5.      REFERENCE DOCUMENTS

                          Plan No.           Rev.    Plan/Document Name                        Date

                          241227-FFA           2     Flora and Fauna Assessment prepared 7/02/2025
                                                     by Native Foresters

                          -                    -     Revised Determination and Location of Letter Dated 6th
                                                     Offset Requirements – Site A on Lot 77 February 2025
                                                     SP298776 prepared by Native Foresters

                          -                    01    Bushfire Management Plan prepared by, 10/10/2024
                                                     Rob Friend and Associates Pty Ltd

                          244035 C100          A     Site Overview and Key Plan                13/02/2025
                                                     Prepared by Covey

                          244035 C201          A     General Arrangement Sheet 1               13/02/2025
                                                     Prepared by Covey

                          244035 C202          A     General Arrangement Sheet 2               13/02/2025
                                                     Prepared by Covey

                          244035 C203          A     General Arrangement Sheet 3               13/02/2025
                                                     Prepared by Covey

                          244035 C204          A     General Arrangement Sheet 4               13/02/2025
                                                     Prepared by Covey

                          244035 C250          A     Typical Sections Overview                 13/02/2025
                                                     Prepared by Covey

                          244035 C251          A     Typical Sections Sheet 1                  13/02/2025
                                                     Prepared by Covey

                          244035 C252          A     Typical Sections Sheet 2                  13/02/2025




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                                            Prepared by Covey

                          244035 C300   B   Bulk Earthworks Overview   20/12/2024
                                            Prepared by Covey

                          244035 C301   A   Bulk Earthworks Sheet 1    10/02/2025
                                            Prepared by Covey

                          244035 C302   A   Bulk Earthworks Sheet 2    10/02/2025
                                            Prepared by Covey

                          244035 C500   A   Longitudinal Sections      13/02/2025
                                            Prepared by Covey

                          244035 C600   A   Cross Sections Sheet 1     13/02/2025
                                            Prepared by Covey

                          244035 C601   A   Cross Sections Sheet 2     13/02/2025
                                            Prepared by Covey




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                6.      REFERRAL AGENCIES

                The referral agencies applicable to this application are:

                  Referral Status       Referral Agency and Referral Trigger                  Response
                                        Address
                  Concurrence           Department of Natural Clearing              native The agency provided its
                                        Resources & Mines, PO vegetation                   response      on      1
                                        Box 383, Gympie QLD                                November          2005
                                        4570                                               (Reference         No.
                                                                                           2005/10121697737). A
                                                                                           copy of the response is
                                                                                           attached
                  Concurrence           Department of Main Material change of use of The agency provided its
                                        Roads, PO Box 183, premises near a State response on 3 June
                                        Gympie QLD 4570    transport corridor        2005 (Reference No.
                                                                                     2005/638). A copy of
                                                                                     the     response     is
                                                                                     attached
                  Concurrence           Department of State      Clearing native              The agency provided its
                                        Development,             vegetation                   response on 15 January
                                        Infrastructure,  Local   State transport corridors    2024 (Reference No.
                                        Government        and    and future state transport   2311-37804 SRA). A
                                        Planning (SARA),         corridors                    copy of the response is
                                        PO       Box     1129,                                attached
                                        Maroochydore      QLD
                                        4558
                  Concurrence           Department of State Clearing               native     The agency provided its
                                        Development,           vegetation                     response     on     13
                                        Infrastructure,  Local State transport corridor       November         2025
                                        Government         and                                (Reference No. 2503-
                                        Planning (SARA),                                      45382 SRA). A copy of
                                        PO        Box    1129,                                the     response     is
                                        Maroochydore      QLD                                 attached
                                        [email protected]
                                        d.gov.au

                7.      ADVISORY NOTES

                The following notes are included for guidance and information purposes only and do not form
                part of the assessment manager conditions:
                1.      All clearing of vegetation is to be undertaken in accordance with the recommendations
                        of the Environmental Assessment Report Flora and Fauna study for the proposed
                        expansion of the Noosaville Waste Landfill which include the following protective
                        measures for Fauna

                          PROTECTIVE MEASURE                                     SPECIES AFFECTED

                          Establish a protective buffer of at least 30m around Wallum froglet
                          shallow acidic water bodies




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                          Maintain water quality and hydrological patterns Wallum froglet
                          within the habitat of the species

                          No prescribed burns in the winter months around Wallum froglet
                          water bodies

                          Protect the heath where-ever possible                  Ground parrot

                          Mosaic burns should be conducted to maintain the Ground parrot
                          integrity of the heath. Prescribed burns should not be
                          more frequent than every two to three years, but at
                          least every 15 years

                          Retain nectar and fruit-bearing trees                  Grey-headed flying-fox

                          Care should be taken to ensure that no animals are Echidna
                          killed during clearing for the new waste disposal site
                                                                                 Hollow-using species

                          Retain hollow-bearing trees where possible             Hollow-using species

                        Qualified Person
                2.      For the purpose of preparing an Acid Sulfate Soils Management Plan, a qualified person
                        is considered to be a person who:
                        a.      Is a Registered Professional Engineer of Queensland (RPEQ); or
                        b.      Environmental/Soil Scientist with current professional membership status at a
                                relevant organisation (e.g. ASSSI, AIG; EIANZ; GSA); and
                        c.      Has a minimum of 5 years of professional experience in the field of Acid Sulfate
                                Soils.
                3.      For the purpose of preparing and certifying in accordance with an offset management
                        plan, a qualified person is considered to be an ecologist with a minimum of 3 years
                        current experience in vegetation offset management.
                4.      For the purpose of Preparing management plans, certification and managing plant pests,
                        a qualified person is considered to be:
                        d.            an environmental consultant with a minimum of 3 years current experience
                                in the field of pest plant management.
                5.      For the purpose of preparing a Fauna Management Plan, a qualified person is
                        considered to be an ecologist with a minimum of 3 years current experience in the field
                        of fauna assessment and management and with a current certification under the
                        Queensland Parks and Wildlife Services.
                6.      For the purpose of preparing an Arborist Report, a qualified person is considered to be
                        a person with either:
                        a.              ISA certification; or
                        b.           a Diploma of Arboriculture in addition to a minimum of 3 years current
                                experience in the field of arboriculture.
                7.      For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                        with the bushfire requirements of this Decision Notice, a qualified person is considered
                        to be an ecologist with a minimum of 3 years current experience in the field of bushfire
                        assessment and management.




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                        Advertising Devices
                8.      All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                        (Administration) 2015 including both temporary and permanent signage. All
                        freestanding, pylon or pole signs or signage that is illuminated requires approval from
                        Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
                        Local Law No. 1 is prohibited from being erected in the Shire.
                        Resubmission of Amended Plans Required
                9.      The conditions of this Decision Notice require resubmission of plan/s to Council with
                        amendments. Please address the amended plans to Council’s Development
                        Assessment Branch with the Reference No. 132005.638.03.
                        Nature Conservation Act
                10.     It is the responsibility of the applicant to ensure compliance with the Nature Conservation
                        Wildlife Management Regulation 2006 which is regulated by the State Government.
                        There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
                        Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature
                        Conservation Wildlife Management Regulation 2006. Exemptions are listed in Division
                        5 of the same Act. Further information can be obtained at this website
                        https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/ or by
                        calling the Department of Environment and Heritage Protection on 1300 130 372.
                        There may also be a requirement to obtain State Government Approval of a Species
                        Management Plan prior to any activities that tamper with any place that is being used by
                        a native animal for breeding activities. This is regulated by Section 332 of the Nature
                        Conservation Wildlife Management Regulation 2006. Further information regarding this
                        matter can be obtained at this website https://www.ehp.qld.gov.au/licences-
                        permits/plants-animals/species-management-program/ or by calling the relevant State
                        Department.
                        Infrastructure Charges
                11.     All developments and/or changes to existing developments may require payment of
                        “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
                        Resolution” made pursuant to the planning legislation and regulations current at the time
                        of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
                        development/development-tools-guidelines/infrastructure-charges
                8.      PROPERTY NOTES

                Not applicable.
                9.      VARIATION APPROVAL DETAILS

                Not applicable.
                10.     FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development Permit Required             Subject of the required Development Permit

                  Development Permit for Building Works           All building work.

                11.     SUBMISSIONS

                Not applicable.




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Page 14

                12.      RIGHTS OF APPEAL

                You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
                the Planning Act 2016 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.
                13.      OTHER DETAILS

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


                Yours faithfully,

                Patrick Murphy
                Manager | Development Assessment
                Development & Regulation



                Enc:     Referral Agency Response
                         Appeal Rights
                         Approved Plans/Documents

                cc.      [email protected]
                         Dept of Natural Resources & Mines
                         Dept of Main Roads




                DECISION NOTICE HISTORY
                •     Original Decision Notice – 24 November 2005. Material Change of Use – Expansion of Special Purpose (Waste Disposal
                      and Recycling Facility) and Ongoing Clearing Purposes
                •     Other Change – 15 February 2024, amend the approved plans and inclusion of additional conditions 14 - 45
                •     Negotiated Decision Notice – 16 May 2024, with an amendment to conditions 40 and 43.
                •     Other Change – 18 December 2025 – amend condition 15 and include additional conditions 46 to 56.




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Page 15

                                        Referral Agency Response
                                        PLANNING ACT 2016 & PLANNING REGULATION 2017




                                                                                       Page 15 of 72
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Page 16

Referral Agency Response — Material Change of Use
5 3.3.16 Integrated Planning Act 1997

1. Application information

1.1. Applicant’s name: Noosa Shire Council

1.2, Property description: 77 SP177938 - Noosa Shire

1.3. Assessment Manager/Reference: Noosa Shire Council

14. Date application was referred to Department: 26 April 2005

1.5. Departmental Reference: eLVAS Case No: 2005/101216, File Ref. No:
GYP/000280, Trackjob No: 1RO40SNAM0004

1.6, Type/s of development sought by the application:

O Material Change of Use

2. Concurrence Agency response:

The Chief Executive of the Department of Natural Resources and Mines directs that the
following conditions must be imposed on any approval given by the Assessment Manager:

2.1 This permit does not authorise the clearing of any native vegetation that is on any land
not contained within the area identified as Permit A on the attached Referral Agency
Response (Vegetation) Plan RARP2005/101216,

2.2 Expansion of the area designated for Waste Disposal and Recycling Facility within
Lot 77 on SP177938 is restricted to the area identified as Permit A on the attached
Referral Agency Response (Vegetation) Plan RARP2005/101216.

2.3 Prior to clearing for the establishment of additional landfill cells and waste
management facilities, a storm-water management and sediment control plan that
prevents storm-water, sediment and other possible contaminants from encroaching into
areas outside of the area of Permit A on RARP2005/101216, must be developed and
instituted so as to be effective during the operational works stage of the site
preparation and landfill construction.

2.4 The design and construction of new landfill cells must incorporate a leachate
management system that prevents the escape of water from the landfill cells into the
surrounding environment.

2.5 The leachate management system must incorporate a groundwater monitoring system
and response strategy that is capable of rapid identification of cell leakage and
rectification measures,

2.6 The design and construction of the expanded waste management facility must
incorporate a storm-water control system that will prevent, in perpetuity, storm-water,
sediment and other possible contaminants from encroaching into surrounding areas of
remnant vegetation.

2.7 All works are to be undertaken in accordance with Environmental Protection Agency
Guidelines for Landfill siting, design, operation and rehabilitation, Waste Disposal —
ERA 75.

IDAS Referral Agancy Response:

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2.8 All firebreaks necessary to protect infrastructure that is to be developed within the
expanded waste management facility must be contained with the area of Permit A on
RARP2005/101216,

2.9 Prior to the commencement of operational works that is the clearing of remnant
vegetation within the area of Permit A on RARP2005/101216 a remnant vegetation
restoration plan for properties described Table | must be developed in accordance with
the NR&M Interim Policy for Vegetation Management Offsets 3 Octaber 2005
attached to this notice. The restoration plan must apply to a minimum of 24 ha of land
within the area of properties described in Table 1. The restoration plan must achieve as
an outcome the establishment of a minimum of |9ha of a remnant endangered regional
ecosystem and the establishment of a minimum of Sha of a remnant not of concern
regional ccosystem within 20 years of the date of this notice.

Table 1. Property descriptions subject to remnant vegetation restoration plan - Noosa Shire.

 

 

 

 

 

 

 

 

1RP170398 3RP138769 | IRP149832 2RP164019
2RP 163499 1RP163496 3RP134347 100SP167229
ARP906937 6RP194347 | 2RP 134347 3RP168290
2RP164019 1RP160978 2RP 162747 TRP193959
3RP167264 2RP149832 ARP 164020 9SP143416

 

 

 

2.10 Prior to the commencement of operational works that is the clearing of remnant
vegetation within the area of Permit A on RARP2005/101216 the remnant vegetation
restoration plan must be provided to and approved by the Chief Executive NR&M as
being consistent with the NR&M Interim Policy for Vegetation Management Offsets 3
October 2008 attached to this notice.

3. Reasons:
A Statement of Reasons is attached at Schedule 1.

4, Additional comments or information:
Aboriginal Cultural Heritage
Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an
activity must take all reasonable and practicable measures to ensure the activity docs not
harm Aboriginal cultural heritage (the "cultural heritage duty of care"), Maximum penalties
for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they
are acting in compliance with cultural heritage duty of care guidelines gazetted under the
Aboriginal Cultural Heritage Act 2003, available on the Department's website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural heritage
management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003.

Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and
the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage
Coordination Unit, Department of Natural Resources and Mines, Application forms to
undertake a free search of the Cultural Heritage Register and the Database may be obtained
by contacting the Cultural Heritage Coordination Unit on (07) 323 83838 or on the

Department's website www.nrm.gid gov au/cultural_heritage.
Natural Resources and Mines - Referral Agency Response Page 20f7

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Definitions
Particular words and terms used in the above conditions are defined as follows:

‘Vegetation’ means vegetation as defined under the Vegetation Management Act 1999,

‘Remnant vegetation’ means remnant vegetation as defined under the Vegetation
Management Act 1999.

‘Remnant endangered regional ecosystem,’ means remnant regional ecosystem as defined
under the Vegetation Management Act 1999,

‘Remnant of concern regional ecosystem,’ means remnant regional ecosystem as defined
under the Vegetation Management Act 1999,

‘Remnant not of concern regional ecosystem,’ means remnant regional ecosystem as
defined under the Vegetation Management Act 1999.
‘Clear’ for vegetation means clear as defined under the Vegetation Management Act 1999.

‘ha’ means hectares.

5. Authorised Officer Signature:

 

Peter Lazzarini
Senior Vegetation Management officer
South East Region

1 November 2005

Attachments:
= Schedule 1 — Statement of Reasons
= NR&M Interim Policy for Vegetation Management Offsets 3 October 2005
= Referral Agency Response (Vegetation) Plan RARP2005/101216

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Page 19

 

eLVAS Case No: 200S/101216
File Ref. No: GYPHO0280
Trackjob No: [ROJOSNAMO

 

Schedule 1

 

 

Statement of Reasons
Referral Agency Response
Application for Material Change of Use
Noosa Shire Council

The following Statement of Reasons is provided pursuant to s. 3.3.18(7) of the Integrated
Planning Act 1997

Introduction

1.

The Department of Natural Resources and Mines (NR&M) received an application
from Noosa Shire Council on 26 April 2005.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. The application is for MCU (Concurrence) on Lot 77 SP177938 - Noosa Shire
Council.
3. A field inspection was conducted by the assessing officer on 30 September 2005.
4, An Information Request was sent by registered post to the applicant on the 21 June
2005, This request disclosed information that was adverse to the approval of the
application and requested that the applicant demonstrate how the application
complied with particular Performance Requirements described within the NR&M
Material Change of Use Policy and requested clarification of the area of land subject
to the application and identification of the elements of the proposed use.
5. The applicant responded to the Information Request on the 26 July 2005, 05 August
2005, 21 September 2005, 04 October 2005 and 05 October 2005.
6. An Assessment Report was sent to the Delegate of the Chief Executive, Peter
Lazzarini, on 28 October 2005.
7, The Delegate determined the Referral Agency Response on | November 2005.
Evidence
Item eLVAS Reference
Standard References
Integrated Planning Act 1997 Schedule 5 (Community Infrastructure). NA
NR&M Interim Policy for Vegetation Management Offsets, NA
3 October 2005
Certified Regional Ecosystem Map version 4.2. NA
Regional Ecosystem Description Data base (REDD) Vers 4.2. NA
Environmental Protection Agency.
Aerial photograph QAP$969 — 86 Nambour 2003 NA
1:25,000 Topographic & Drainage NR&M spatial data. WA
1:100,000 Geology NR&M spatial data (shect 9545) NA |
Natural lakes NR&M spatial data, NA
Natural Springs NR&M spatial data NA |
Natural wetlands NR&M spatial data NA
State Wildlife Corridor NR&M spatial data NA
Essential Habitat NR&M spatial data / NA
_ Subject parcel description (322.4ha) on NR&M Smartmap datahase. NIA
Natural Resources and Mines - Referral Agency Response Page 4 of 7

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Page 20

 

Evidence collected during assessment

 

Field Evidence collected 30 Sept 2005. [cL VAS $9321)

89321

 

 

Plan titled: Proposed future development of Noosaville Landfill [eLWV AS 70864) —
reproduced in figure 1 of this report

 

Figure 1 &2 (above): area applied to be cleared for landfill cells, drain and organic
processing area requiring the removal of Endangered, Of Concern and Not of
Concern Regional Ecosystems. [eL VAS 89295]

89295

 

Correspondence from Doug Bames (Noosa Shire Council) dated 12 August 2004
[eLVAS 18822]

18822

 

Submission to NR&M Chief Executive to have an application operational works
clearing accepted as a relevant purpose under s22A of the VMA99, dated 9
September 2004 [eL VAS 29745].

29745

 

Correspondence from Gordon Guymer, Acting Director, Vegetation Management
to Noosa Shire Council dated 19 November 2004 [eL VAS 38028]

 

Correspondence from Noosa Shire Council to Gordon Guymer, Acting Director,
Vegetation Management, dated 22 December 2004 [eL VAS 89270] - copy
provided by Applicant on 30 September 2005.

89270

 

Email correspondence between Noosa Shire Council (Wayne Schafer) and Tom
Crothers (RSD, NR&M SER) dated 23 February 2005 [el VAS 89272] — copy
provided by Applicant on 30 September 2005.

89272

 

Correspondence from Michelle Marrinon (NR&M) to Noosa Shire Council dated
10 February 2005 [eL VAS 89266} — copy provided by Applicant on 30 September
2005,

 

Martoo Counsulting (May 2005), Proposal Report. RO0428-2-A (Version 2)
(eLVAS 57802 & 57813).

57802/57813

 

Noosa Shire Council: Solid Waste Management Strategic Plan 2004 — 2014
(adopted by Council 25" November 2004) — on CD on File _

Responses to information requested:

70864

 

 

26 July 2005 [eL VAS 70864]

70864

 

05 August 2005 [eLVAS 73581]

73581

 

21 September 2005 [eLVAS 85623]

 

85623

 

04 October 2005 [eLVAS 89824]

89824

 

05 October 2005 [eLVAS 90656]

| 90656

 

Additional information from Applicant concerning wetland protection measures
and response to PR's A2.2 A2.2 & A2.3 [eLVAS 90656]

90656

 

Appendix B to cLVAS 57813; Thomas, G. Agnew, G. & Lees, N. (March 2004),
Environmental Assessment Report Flora and Fauna Study for the proposed
expansion of the Noosaville Waste Treatment Works (Landfill), Section 2.4 &
Figure 3 (Vegetation associations)

57813

 

Correspondence to the applicant advising of NR&Ms expectations with respect to
evidence required to demonstrate compliance with AS A2.6.5. [eLVAS 81707] -
based on advice from the Vegetation Services Policy Unit received 22 August
2005 [eLVAS Doc 106829).

Doc 106829

 

 

Assessment Report Dated 31 October 2005

 

 

 

Natural Resources and Mines - Referral Apency Response

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Page 21

Findings relevant to the imposition of conditions.

Clearing of remnant vegetation as result of the MCU was found to be as described in Table 2
below.
Table 2

VM Status ‘otal Area (Ha)

2.5.3 15,

254 Not of Concern 4.

2.3. Of Concern 0.
area assessable

 

The Chief Executive NR&M or delegate found that the clearing to occur as result of the
MCU is for community infrastructure if there is no suitable alternative site for mecting the
community need for the community infrastructure.

Proposed clearing of assessable vegetation associated with the MCU is within an area of
regional ecosystem |2.3.13 that is identified as a natural wetland affording reference to the
definition of a wetland within the MCU Policy and the REDD Version 4.2.

The regional ecosystems identified as wetland regional ecosystems are considered potential
discharge areas and areas subject to waterlogging. This corresponds to low lying areas of
RE 12.5.3 & 12.5.4 dominated by Melaleuca species and the area of 12.3.13 within the area
of the proposed development.

The remnant vegetation restoration program proposed for Lake MacDonald demonstrates
that the applicant has the capacity, intent and resources to embark on a program that may
result on the recovery of an equivalent area of endangered, of concern and not of concern
remnant vegetation that will be removed as a consequence of the proposed landfill
expansion.

In consideration of the NR&M Interim Policy for Vegetation Management Offsets 3 October
2005, it was found that the restoration program proposed did not demonstrate that all
elements of Part A of the Policy will be achieved. In particular: Items A.3, A.8, A8(2) &
A.9. As a consequence it was found that the remnant vegetation restoration program
proposed did not effectively demonstrate that the restoration will occur as a consequence of
the proposed development,

Reasons for the imposition of conditions.

1

Conserving remnant endangered, of concern and not of concem regional ecosystems and
protecting biodiversity.

Preventing loss of biodiversity and maintaining ecological processes associated with natural
wetlands, lakes and springs.

Ensuring clearing does not cause land degradation and to maintain ecological processes,
increased salinity and waterlogging and the salinisation of ground and surface water are to
be prevented.

Conserving remnant endangered regional ecosystems, remnant of concern regional
ecosystems, and remnant not of concer regional ecosystems in manner that ensures that the
current extent of endangered, of concern and not of concer regional ecosystems are
maintained.

 

Natural Resources and Mines - Referral Agency Response Page 6 of 7

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Page 22

Peter Lazzarini
Senior Vegetation Management Officer
South East Region

1 November 2005

Natural Resources and Mines - Referra’ Agency Response Page 7 of 7

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Page 23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Scale 1:12,500 @ A3 paper size

 

the location of the permitted cinaring
05000 200 300 400 600 700 800 9001,000 m

08100200 3c0 400880 G0 To0 80 901600. a ny Rey a
Projection: UTM (MGA Zone 56) Datum: GDA94 — 8? delegated claaring conbactor(s).

chown on this pian are

The property boundaries

APPROXIMATE ONLY. They are NOT an accurate
representation of the leps/ boundaries.

Note: This pian must be read in conjunction
with the Referral Agency Response 2008/101216

 

LEGEND

[L) sitiect ics

Pome a

 

© Derived Reterence Points for GPS

Referral Agency Response (Vegetation) Plan

A &

 

 

 

ree etererne OY EODIIN)

 

Prepares by: LMO Deter 28 Oxnuter 2006,

 

 

Permit A in Lot 77 on SP177938 Queensland
=
Tractjob No. IRD4OSNAMOODE
centre: cvwme REQION: SOUTH EAST =
-— — ee ree} RARP2005/101216

 

 

Document Set ID: 24377726

Version: 13, Version Date: 23/12/2025

Page 23 of 72

Page 24

 

| Title of Policy:
*Policy Number: : :

*Version Number:

“Documentation Status:

CO Draft 0

*SIGN OFF BY DELEGATED OFFICER:
L Operationally capable of being implemented

Endorsed and Published

Queensland Government

Natural Resources and Mines

“een NATURAL RESOURCES & MINES’ POLICY ~~

Interim Policy for Vegetation Management Offsets

C] Archived

 

Endorsed by Position — Director, Vegetation Signature *
Management c / —
Date Bhic { of
2. Meet business policy and legislative needs
Endorsed by Position Deputy Director General Signature —
Date Blois ‘

 

3. Approved to be implemented

Approved by Position —_ Director General
Date

4. Policies containing Non-Exempt Content

Position DDE Wee Signature

Approved to be published on the Intemet by a DD-G, ED, woul, /
“Date 7 /10fos

Signature

 

Policies containing Exempt Content

 

 

Approved to be published on the Internet (refer to the attached approval) Oo
5. Please Tick the bax
Original signed off by officer QO Filed on CHQ/[NUMBER} Pt Oo

 

 

Policy Number: Prefix/Number/Year Version No;

Document Set ID: 24377726
Version: 13, Version Date: 23/12/2025

Last Updated: 23/09/05

Page 24 of 72

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Queensland Government
Natural Resources and Mines

RATIONALE:
‘The Vegetation Management Act 1999 (VMA) was enacted to regulate the clearing of vegetation
over al! tenures in both rural and urban areas, The purposes of the Act include the conservation of
remnant regional ecosystems, preventing the loss of biodiversity, maintaining ecological processes,
managing the environmental effects of clearing and the phasing out of broadecals clearing of
~~ > “remnant vegetation in Queensland by 3-Becember 2005 ne nnn

Significant challenges exist to achieve the State's vegetation management objectives whilst
recognising other goals of government that include accommodating population growth, maintaining
the quality of life for existing and future communities and providing infrastructure.

 

Vegetation offsets can assist in balancing these interests in some circumstances, as they provide a
mechanism for development to proceed, whilst at the same time ensuring long-term conservation of
remnant regional ecosystems.

The Regional Vegetation Management Codes for Ongoing Clearing Purposes set out performance
requirements that vegetation clearing applications for a relevant purpose under S.22A of the VMA
must meet. The Concurrence Agency Policy for a Material Change of Use and Reconfiguring a
Lot set out performance requirements which development applications that are for a material
change of use must meet.

A vegetation offset may be proposed by an applicant as an alternative solution to meet a number of
performance requirements, This interim policy gives guidance on what would constitute an
acceptable offset under those particular Codes and Policies.

PURPOSE/SCOPE:

This policy applies to offsets proposed to meet a performance requirement under a Regional
Vegetation Management Code for Ongoing Clearing Purposes, the Concurrence Agency Policy for
a Material Change of Use or the Concurrence Agency Policy for Reconfiguration of a Lot,

. This policy is to be used by Vegetation Management Officers and other relevant officers when
assessing a development application that proposes offsetting as en acceptable solution to 2
performance requirement.

POLICY:
A. Where an application proposes an offset to meet the following performance requirement

(or similar):-

To conserve remnant endangered regional ecosystems, remnant of concern regional ecosystems, and
remnant not of concern regional ecosystems, the current extent of remnant endangered regional
ecosystems, remmant of concern regional ecosystems and remnant not of concern regional ecosystems
and Category 1, category 2 and category 3 areas shown on a property map of assessable vegetation are
maintained’.

' Maintaining the current extent may be interpreted as maintaining the current extent, ultimately.
Policy Number; Prefix/Number/Year Version No: Last Updated: 23/09/05

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Queensland Government
Natural Resources and Mines

the application niust meet all of the following criteria, prior to thé development approval ~~~
being granted:

1. The area to be offset must:
a) be mapped as non-remnant vegetation; and
b) not be vegetation that is required to be retained under other conditions of a evelopment
approval and —————— = a a --
c) not be acategory 1, category 2, category 3 or category 4 area on a Property Map of
Assessable Vegetation.

2. If the regional ecosystem that is proposed to be cleared:

: a) Is below 5% of its pre-clearing extent, and is less than 500 ha in total extent, the area to
be offset must have the same pre-clearing regional ecosystem as the area proposed to be
cleared; or

b) Is less than 200 ha in total extent ar the clearing would result in the regional ecosystem
being less than 200 ha, the area to be offset must have the same pre-clearing regional
ecosystem as the area proposed to be cleared; or

c) does not meet the description of 2a) or 2b), the area to be offset must be mapped as a
pre-clearing regional ecosystem that has the same conservation status as the area -
proposed for clearing and must be on the same landzone as the regional ecosystem

proposed for clearing.

3. The offset area must have the potential to be mapped as remnant vegetation in the future.
Therefore, the extent of the offset area must be at least 2 hectares, .

4. The offset must be geographically close to the area proposed for clearing. The closer it is,
the more likely that localised environmental effects of the clearing will be directly mitigated
and that ecological equivalence will be achieved, The offset must be within the same
bioregion and should ideally be within the same subregion as the area proposed for clearing.

5. As itis likely that the offset area will be in poorer condition or of less ecological value per
hectare than the area proposed to be cleared, the ratio of offset: impact area must be greater
than 1:1, The offset area must be larger than the area being cleared to compensate for risk
and uncertainty in the establishment of the offset, and so that the outcome is no net loss of
biodiversity.

6. The offset area must be otherwise unprotected, that is, it must be vegetation that is not
assessable under the Vegetation Management Act 1999, and be vegetation that is not
protected by another instrument of any level of Government.

7. The offset must be additional to actions or works carried out using public funds or actions or
works required to fulfil other regulatory obligations.

8. The offset must be legally secured. A range of legal tools are available in Queensland to
provide an enduring conservation mechanism. These include:
8) Dedication as a protected area under $29 or 846 of the Nature Conservation Act 1992
(for example, a voluntary nature refuge);

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@ Queensland Government
Natural Resources and Mines
by Declavation as an area of high nahure conservation value under e8.16-19 of the .
Vegetation Management Act 1999;
¢) Use of a covenant over offset areas under the Land Title Act 1994, Land Act 1994
and Integrated Planning Act 1997.

8._ The offset must become ecologically equivalent to the area proposed to be cleared, Factors _
to consider in regard to ecological equivalence are: OO

2) shape and edge effects. Patches of vegetation with a shape that provides a low
perimeter to area ratio are less susceptible to edge effects. Therefore the offset area
should have a perimeter (metres) to area (hectares) ratio of no more than 200: 1; and

b) condition, Condition can be described in terms of genetic or species diversity,
Presence and abundance of native fauna, presence and abundance of feral animals,
pests and weeds, health of soil and water and general long-term viability of the
vegetation; and :

c) whether revegetation and/or restoration of the offsct area is required. Offsetting
existing intact vegetation is preferable to an offset involving Tevegetation of a
severely degraded area. A revegetated area is generally of less biodiversity value, at
least in the short to medium term, than an intact natural vegetation community, and
there is a higher chance of the offset succeeding over time if the vegetation is intact;
and

a) connectivity of the offset to other areas of native vegetation. If the offset is linked
to other areas of native vegetation, the restoration/revegetation works have greater
chance of succeeding and providing long term conservation outcomes. In bioregions
where there is a State or a Regional Wildlife Corridor, the offset should preferably
be located within the State or Regional Corridor.

€) size. Size is strongly correlated with the long-term viability of patches of native
Vegctation, Larger areas are less susceptible to ecological edge effects and are more
likely to sustain viable populations of native flora and fauna than smaller areas,
Small habitat arcas can mean that wildlife species are more vulnerable to disease,
bushfire, pests, changes in climate, or inbreeding.

9. The offset proposal must include a detailed revegetation or restoration plan which specifies
how the offset area will achieve the desired remnant regional ecosystem status, and scfs out

the following:

a) risks to the revegetation or restoration project, such as weed infestations and fire, and
actions that will be undertaken to minimise those risks; and :

b) goals and measures which quantify the realistic stages by which the offset area will
reach remnant status; and

c) the establishment of a monitoring program, including photo monitoring points and
the recording of species composition, abundance and mean heights of species at
those sites; and

d) remedial actions that will be undertaken if the goal/measure of any stage of the
restoration or revegetation plan is not met.

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~~ Bo Where an application proposes an offset te nicer the POOWIig AeCeptAble SHlution (Or
similar):-

Where clearing occurs (in « remnant endangered, remnant of concern, remnant not of concer regional
ecosystem or a category 1, category 2 or category 3 aree on a PMAV), the clearing is offset by protecting
another area of non-temnant vegetation (other than a category 1, category 2, category 3 area on a
sawn =~ PMAY) that achiowes the followings
a) the regional ecosystern to be restored is the same regional ecosystem as the regional ecosystem to be
cleared; and
b) the area of the regional ecosystem to be restored is at least equal to the area to be cleared; and
¢) there is a demonstrated high probability that within 20 years the area being restored will be capable
of being mapped as remnant vegetation.

the application must meet all of the following criteria, prior to the development approval
being granted:

1. The area to be offset must be:
2) mapped as non-remnant vegetation; and
b) must not be a category 1, category 2, category 3 or category 4 area on a property map of
assessable vegetation.

2. The arca to be offset must be protected. A range of legal tools are available in Queensland

to provice an enduring conservation mechanism. These include:

a) Dedication as a protected area under 29 or 546 of the Nature Conservation Act 1992
(for example, a voluntary nature refuge);

b) Declaration as an area of high nature conservation value under as.16-19 of the

“Vegetation Management Act 1999;.

c) Use of a covenant over offset areas under the Land Title Act 1994, Land Act 1994 and
Integrated Planning Act 1997.

3. ‘The area to be offset will become the same regional ecosystem as the regional ecosystem

that is to be cleared. Therefore the application must demonstrate that:

a) the pre-clearing regional ecosystem of the offset area is the same as the area proposed to
be cleared; or

b) other evidence that the offset arca will become the same regional ecosystem, such as the
landform, any current natural regeneration on the site, or the remnant regional
ecosystems surrounding the area; and

¢) the area to be offset is within the same bioregion and should ideally be within the same
subregion as the area proposed to be cleared; and

d) adetailed revegetation or restoration plan which sets out the works to be undertaken, the
goals and measures of each stage of the restoration process and includes a monitoring
program of species composition and abundance (sce 5, below).

4. The area to be offset must be at least equal to the area to be cleared. As it is likely the offset
area will be in poorer condition or of less ecological value per hectare than the area
Proposed to be cleared, the ratio of offset: cleared arez may need to be greater than 1:1, The
offset area must also be larger than the area being developed to compensate for risk and

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Queensland Government
Natural Resources and Mines

~~“ ncerfainty iti thé €steblishiiient Of thé Offset, and’so that the outcome is ho net loss of —
biodiversity,

5. The offset area must be able to be mapped as remnant vegetation within twenty years,
Therefore the: -
a) extent of the offset area must be at least 2 hectares.
“nnn napplication-must inelude-a detailed revegetation-or restoration plan-which specifies:

i. risks to the revegetation or restoration project, such as weed infestations
and fire, and actions that will be undertaken to minimise those risks;

ii. goals and measures which quantify the realistic stages by which the offset
area will reach remnant status within the 20 year period;

iii. the establishment of a monitoring program, including photo monitoring
points and the recording of species composition, abundance and mean
heights of species at those sites; and

iv, remedial actions that will be undertaken if the goal/measure of any stage of
the restoration or revegetation plan is not met; and

v. reference to published literature; or

vi. @ written opinion of a recognised expert in the field of revegetation and
restoration; or

vii. comparison to revegetation/restoration projects in similar regional
ecosystems and similar conditions.

C. An offset proposed to meet a different Performance Requirement or Acceptable Solution
of a Regional Vegetation Management Code for Ongoing Clearing Purposes or the
Concurrence Agency Policy for a Material Change of Use to those mentioned in Part A or
B of this Policy, nwust be referred to the Vegetation Management Policy Unit.

D. Any development approval involving an offset must contain conditions relating to the
revegetation / restoration plan.

E. Financial contributions do not constitute an acceptable offset.
F. The land on which an offset is proposed must be included in the development application,

DEFINITIONS:

Note: Where any term is already defined in a Regional Vegetation Management Code for Ongoing
Purposes, the Concurrence Agency Policy for a Material Change of Use, the Concurrence Agency
Policy for Reconfiguring a Lot or the Vegetation Management Act 1999, this policy does not
redefine the term.

Bioregions: are based on broad landscape patterns that reflect the major structural geoiogies and
climate as well as major changes in floristic and faunal assemblages. Bioregions contain a
number of subregions, Bioregions are described by Sattler and Williams (1999) in The
Conservation Status of Queensland's Bioregional Ecosystems, Environmental Protection
Agency, Brisbane, or can be found at:
http://www.nrm.qld.gov.au/vegetation/pdf/bioregion_v0001.pdf

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Queensland Government
Natural Resources and Mines

“-'"Eandzone: “is a Siniplified geology/substrate-landform Classification for Queenstand utilised in the
regional ecosystem framework.

Property Map of Assessable Vegetation (PMAV): means a map ~

a) Certified by the chief executive as the property map of assessable vegetation for a perticular

area; and
———-b)- Maintained by the department for the purpose of showing, for the.area = 2. -/

i, Category 1 areas; and
ii, Category 2 areas; and
iii. Category 3 areas; and
iv. Category 4 areas; and

¢) Showing areas subject to @ remnant map or regional ecosystem map for the area,

Relevant purposes: are

8) a project declared to be a significant project under the State Development and Public Works
Organisation Act 1971, section 26; :

b) necessary to control non-native plants or declared pests;

¢) toensure pubdlic safety;

d) for establishing a necessary fence, firebreak, road or other built infrastructure, if there is no
suitable alternative site for the fence, firebreak, road or infrastructure;

) anatural and ordinary consequence of other asscssable development for which a
development approval as defined under the Integrated Planning Act 1997 was given, or a
development application as defined under the Integrated Planning Act 1997 was made,
before 16 May 2003;

f) for fodder harvesting;

2) for thinning;

h) for clearing of encroachment;

i) for an extractive industry;

j) for clearing regrowth on leases issued under the Land Act 1994 for agriculture or grazing
purposes,

Subregions: delineate significant differences within the bioregion in landscape pattern usually
associated with geology and geomorphology or finer climatic patterns. Sub regions are
contained within a bioregion.

Policy Number: Prefix/Number/Year Version No: Last Updated: 23/09/05

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Main Roads

CONDITIONS AND STATEMENT OF REASONS

Application type: Material change of use

 

 

 

Council: Noosa Shire Main Roads File No: 92/140/702.8
Council Ref: 005/638 Read: Eumundi-Noosa Road
Development Number: 6959
Response Date: 3 June 2005
ISSUES / CONCERNS CONDITIONS OF THE REASONS,
DEVELOPMENT FOR INFORMATION, STUDIES,
THE SUBJECT APPLICATION | FINDINGS, USED IN SETTING
OF CONDITIONS INCLUDED:
Management of access to a State- The Department of Main Roads The access design has to achieve
controlled toad considers the current road access to | acceptable standards i order to
Eumundi-Noosa Road from lot 77__| ensure that there are no deimmental
SP177938 1s satisfactory and 1s umpacts on the safety and efficiency
considered to be the permutted road | of the State-controlled road
access for the proposed use network.
Access to Eumundi-Noosa Road1s || By minimising the number of
to be lumted to this permitted road | pomts of access to the State-
access location only. controlled road network, safety and
efficiency are maximused

Direct access from Emu Mountam
Road to lot 77 SP177938 1s not
penmutted

 

 

 

 

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Page 32

2.8 All firebreaks necessary to protect mfrastructure that is to be developed within the
expanded waste management facilhty must be contamed with the area of Permst A on
RARP2005/101216.

2.9 Prior to the commencement of operational works that is the clearing of remnant
vegetation within the area of Permit A on RARP2005/101216 a remnant vegetation
restoration plan for properties described Table 1 must be developed in accordance with
the NR&M Interim Policy for Vegetation Management Offsets 3 October 2005
attached to this notice. The restoration plan must apply to a mmimum of 24 ha of land
within the area of properties described in Table 1. The restoration plan must achieve as
an outcome the establishment of a mimmum of 19ha of a remnant endangered regional
ecosystem and the establishment of a mintmum of Sha of a remnant not of concert
Tegional ecosystem within 20 years of the date of this notice.

Table 1. Property descriptions subject to remnant vegetation restoration plan - Noosa Shire.

 

 

 

 

 

 

 

 

 

 

1IRP170398 3RP138769 4RP149832 2RP164019
2RP163499 1RP163496 3RP134347 100SP 167229
1IRP906937 6RP134347 2RP134347 3RP168290
2RP164019 1RP160978 2RP 162747 1RP193959
3RP167264 2RP149832 4RP164020 9SP143416

 

2.10 Prior to the commencement of operational works that 1s the clearing of remnant
vegetation within the area of Permit A on RARP2005/101216 the remmant vegetation
restoration plan must be provided to and approved by the Chief Executive NR&M as
being consistent with the NR&M Interim Policy for Vegetation Management Offsets 3
October 2005 attached to this notice.

3. Reasons:
A Statement of Reasons 1s attached at Schedule 1

4. Additional comments or information:
Aboriginal Cultaral Heritage
Under section 23 of the Aboriginal Cultural Herttage Act 2003 a person who carries out an
activity must take all reasonable and practicable measures to ensure the actrvity does not
harm Aboriginal cultural heritage (the “cultural heritage duty of care"). Maximum penalties
for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

Applicants will comply with the duty of care n relation to Aboriginal cultural heritage if they
are acting m compliance with cultural heritage duty of care guidelines gazetted under the
Aboriginal Cultural Heritage Act 2003, available on the Department’s website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural heritage
Management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003.

Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and
the Aboriginal Cultural Hentage Register, administered by the Cultural Heritage
Coordination Unit, Department of Natural Resources and Mines Application forms to
undertake a free search of the Cultural Hentage Register and the Database may be obtained
by contacting the Cultural Heritage Coordination Unit on (07) 323 83838 or on the

Department's website www.nrm.qid.gov au/cultural_hentage.

Natural Resources and Mines - Referral Agancy Response Page 2 of 7

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Definitions
Particular words and terms used 1n the above conditions are defined as follows:
‘Vegetation’ means vegetation as defined under the Vegetation Management Act 1999

‘Remnant vegetation’ means remnant vegetation as defined under the Vegetation
Management Act 1999.

‘Remnant endangered regional ecosystem,’ means remnant regional ecasystem as defined
under the Vegetation Management Act 1999.

Remnant of concern regional ecosystem,’ means remnant regional ecosystem as defined
under the Vegetation Management Act 1999

‘Remuont not of concern regional ecosystem,’ means remnant regional ecosystem as
defined under the Vegetation Management Act 1999

‘Clear’ for vegetation means clear as defined under the Vegetanon Management Act 1999
‘ha’ means hectares.

5. Authorised Officer Signature:

thier

Peter Lazzarini

Semor Vegetation Management officer
South East Region

1 November 2005

Attachments:
= Schedule 1 — Statement of Reasons
= NR&M Interim Policy for Vegetation Management Offsets 3 October 2005
- Referral Agency Response (Vegetation) Plan RARP2005/101216

Natural Resources and Mines - Referral Agency Response Page 3 of 7

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Page 34

 

Queensland
Government

SARA reference: 2311-37804 SRA
Council reference: 132005.638.03

15 January 2024

Chief Executive Officer
Noosa Shire Council
PO Box 141

Tewantin QLD 4565

[email protected]

Attention: Mr Samuel Osakwe

Dear Mr Osakwe

SARA referral agency response—561 Eumundi Noosa Road,
Doonan
(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 17 November 2023.

 

 

Response
Outcome: Referral agency response — with conditions
Date of response: 15 January 2024
Conditions: The conditions in Attachment 1 must be attached to any
development approval
Reasons: The reasons for the referral agency response are in Attachment 2
Development details
Description: Development permit Material change of use for Expansion of
Utility Installation - Noosa Landfill.
SARA role: Referral agency
SARA trigger: * Schedule 10, Part 3, Division 4, Table 3, Item 1 (10.3.4.3.1)
(Planning Regulation 2017)
Native Vegetation Clearing
South East Queensland (North) regional
office
Level 4, Foundation Place 3 South Sea
Islander Way, Maroochydore
Page 10f5 PO Box 1128, Maroochydore QLD 4558

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2303-33878 SRA

* Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
(10.9.4.2.4.1) (Planning Regulation 2017)
Material change of use on a premise that is within 25m of a State

transport corridor and within 100m of a State-controlled road

intersection
SARA reference: 2311-37804 SRA
Assessment manager: Noosa Shire Council
Street address: 561 Eumundi Noosa Road, Doonan
Real property description: Lot 77 on SP298776
Applicant name: Noosa Council
C/- Adamson Town Planning
Applicant contact details: 28 Eenie Creek Rd
Noosaville QLD 4566
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights

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 3.

 

A copy of this response has been sent to the applicant for their information.

For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely

Garth Nolan
Manager (Ptanning)

cc Noosa Council, [email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Reasons for referral agency response
Attachment 3 - Representations about a referral agency response provisions
Attachment 4 - Documents referenced in conditions

State Assessment and Referral Agency Page 2 0f 5

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Attachment 1—Referral agency conditions

2303-33878 SRA

 

(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 documents referenced below are found at Attachment 4)

 

No.

Conditions

Condition timing

 

Material change of use

 

10.3.4.3.1 — Clearing native vegetation - The chief executive administering the Planning Act 2016
nominates the Director-General of the Department of Resources 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 condition(s):

 

1.

Clearing of vegetation must:
(a) only occur within Area A (Part A‘) as shown on the attached:

i. Vegetation Management Plan, prepared by Queensland
Government, reference VMP 2311-37804 SRA, Sheet 1 of
41, version 1; and

(b) not exceed 0.81 hectares.

At all times

 

 

er into an agreed delivery arrangement to deliver an environmental
offset in accordance with the Environmental Offsets Act 2014 to
counterbalance the significant residual impacts on the matter of
state environmental significance being:

hectares of remnant vegetation intersecting with a wetland within the
following regional ecosystems:

i. 0.64 hectares of Least Concern Regional Ecosystem
12.3.13, and

ii, 0.17 hectares of Endangered Regional Ecosystem 12.5.3.

 

 

Prior to commencing
any works that impact
on the matter of
environmental

significance

 

 

State Assessment and Referral Agency

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Page 37

2303-33878 SRA

Attachment 2—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for the SARA’s decision are:

* The proposal is for a development permit ‘other change’ to an existing development approval
(2005/638) for material change of use for use of the premise to expand the existing landfill operation

* The subject site is located within 25 metres of a state-controlled road and involves clearing of
approximately 0.81ha of mapped regulated vegetation category B, of which 0.64 ha is mapped as
wetland and 0.17 ha is within 100 m of the wetland.

* SARA assessed the development application against State code 1: Development in a
state-controlled road environment of the SDAP, version 3.0 and determined that without conditions,
the development achieves compliance with the performance outcomes of the State code.

* SARA assessed the development application against State code 16: Native vegetation clearing
of the SDAP, version 3.0 and determined that the development complies with the relevant
performance outcomes, subject to conditions to ensure:

o Vegetation clearing is limited to 0.81ha of mapped regulated vegetation category B

o Clearing of the mapped wetland and matters of state environmental significance (MSES) is
mitigated through the provision of an environmental offset in accordance with the
Environmental Offsets Act 2014

Material used in the assessment of the application:

the development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.0), as published by SARA

the Development Assessment Rules

SARA DA Mapping system

State Planning Policy mapping system {delete if not used]
section 58 of the Human Rights Act 2019

Attachment 3—Representations about a referral agency response
provisions

 

(page left intentionally blank)

‘State Assessment and Referral Agency Page 4 of 5

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2303-33078 SRA

Attachment 4—Documents referenced in conditions

 

{page left intentionally blank)

State Assessment and Referral Agency Page 5 of 5

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Page 39

Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules?
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response?

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1:
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

‘ Pursuant to Section 68 of the Planning Act 2016

2 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

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Page 40

Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. 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?

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.

Page 2ot2

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Page 41

 

 

 

 
 

 

 

 

 

 

PLANS AND DOCUMENTS wey
referred to in the REFERRAL
AGENCY RESPONSE =

SARAref: 201 07R4.9R4
Date:

   
 

19 Jernaary 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1:10 000 @ A3 paper sze

° 250 509

750 1,000 rratres

 

Projection: GDA2020 MGA Zone 56

Notes: Derved Reference Foints are provided to assist in the locaton of ares boundaries. Responsibility tor
locating these boundaries lies solely with he lanchoider.
Watercourse and drainage feature locations shown on the
certfied Vegetaton Management Watercourse and
‘only and require ground truthing to identify the exact location of the watercourse or drainage teature.
‘The property boundanes shown on ts plan are APPROXIMATE ONLY. They are NOT an accurate

representation of the legs! boundaries.

This pian must be read In conjunction with conditions attached to 2311-37804 SRA

‘\Vegemtion Management,
Drainage Feature Map. These alignments are approximate

Pian are derived trom the

 

LESEND
4S Deived Reference Ser Points
[7 Satject Lets}

a ne eae C bo | ~SP298776 ©The Suate o Queenziand, 2023
(Steam ender lebe)
\ VMP
2311-37804 SRA
Note: Ths Is © colaur map and must be reproduces in colow N version: 1 | @LVAS Case ID: 2023003938 Sheet 4 oF 4

 

 

Vegetation Management Plan
Plan of Area A (Part A’) in Lot 77 on Plan

bi

 

 

 

 

 

 

 

Document Set ID: 24377726
Version: 13, Version Date: 23/12/2025

VMGS-NRA2S31

Page 41 of 72

Page 42

Document Set ID: 24377726
Version: 13, Version Date: 23/12/2025

RA2o-N

Our reference: 2503-45382 SRA
Your reference: 132005.638.04
Applicant reference: 23026

13 November 2025

The Chief Executive Officer
Noosa Shire Council

PO Box 141

Tewantin Qld 4565
[email protected]

Attention: Mr Matthew Pinese

Dear Sir/Madam

Changed referral agency response—with conditions
(Given under section 28 of the Development Assessment Rules)

SELIVERING
FOR QUEENSLAND

Queensland
*) Government

Department of
State Development,
Infrastructure and Planning

On 23 October 2025 SARA received representations from the applicant requesting SARA change its
referral agency response. SARA has considered the representations and now provides this changed

referral agency response which replaces the response dated 10 October 2025.

 

 

 

Applicant details
Applicant name: Noosa Shire Council
Applicant contact details: C/- Adamson Town Planning Pty Ltd
312 Lake MacDonald Drive
Lake MacDonald QLD 4563
[email protected]
Location details
Street address: 561 Eumundi Noosa Road, Doonan
Real property description: Lot 77 on SP298776
Local government area: Noosa Shire Council
Application details
Development permit Other change to a Material Change of Use to expand the Resource
Recovery Area (Utility Installation).
South East Queensland (North) regional
Level 4, Foundation Place 3 South Sea
Islander Way, Maroochydore
Page 1 of 8 PO Box 1129, Maroochydore QLD 4558

Page 42 of 72

Page 43

(2803-45382 SRA

Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:

« §$10.3.4.3.1 Material change of use that involves clearing native vegetation

«© 10.94.2.4.1 Material change of use near a State transport

corridor

Conditions
Under section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached
to any development approval.

Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

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 Sean Elvines, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely

{ (
Jamaica Hewston
Manager

cc Noosa Shire Council, [email protected]

enc Attachment 1—Changed conditions to be imposed
Attachment 2—Changed reasons for decision to impose conditions
Attachment 3—Changed advice to the assessment manager
Attachment 4—Representations about a referral agency response provisions
Attachment 5—Documents referenced in conditions

State Assessment and Referral Agency Page 2 of &

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2503-45382 SRA

Attachment 1—Changed conditions to be imposed

 

 

No. | Conditions Condition timing
Material change of use

10.9.4.2.4.1 — Material change of use near a State transport corridor—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) Road access is located generally in accordance with the Site Atall times
Master Plan prepared by Covey Associates Pty Ltd, dated 13 Feb
2025, reference 244035, Issue A, as amended in red by SARA on
13 November 2025.

(b) The road access (at the road access location) comprises of a
Rural Property Access Type C sealed to the property boundary
with a 6m throat, Auxiliary Left Turn Treatment (AUL) and
Channelised Right Tum Treatment (CHR).

(c) The road access, referred to in part (b) of this condition, must be

maintained in accordance with:

i) the Department of Transport and Main Roads’ Standard
Drawing 1807, Rural Property Access Type C

(i) the Department of Transport and Main Roads’ Road
Planning and Design Manual, 2nd Edition

(ii) the Department of Transport and Main Roads’ Policies and
Technical Specifications

(iv) the Department of Transport and Main Roads’ Standard
Drawings Roads, and

(v) relevant local government requirements.

2. Carry out the stormwater management of the development generally in | At all times
accordance with ‘Stormwater Quantity’ of the Stormwater Management
Plan, prepared by Covey Associates Pty Ltd, dated Feb 2025,
reference M25-0042Rpt, Issue A, as amended in red by SARA dated
13 November 2025.

10.3.4.3.1 — Material change of use that involves clearing native vegetation—The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of Natural
Resources and Mines, Manufacturing and Regional and Rural Development 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:

3. Clearing of native vegetation associated with the material change of Atall times
use must not occur within Area B (B1-B6), as shown on:

* Vegetation Management Plan, prepared by the Queensland
Government, reference VMP 2503-45382 SRA, sheet 1 of 1,
version 4 2. and

* Attachment: 2503-45382 SRA Derived GPS Reference Points,
prepared by the Queensland Government

4. Built infrastructure associated with the Material Change of Use, other Atall times
than for fences, roads, underground services must not be established,
constructed or located within Area C (C1-G45) as shown on:

* Vegetation Management Plan, prepared by the Queensland
Government, reference VMP 2503-45382 SRA, sheet 1 of 1,
version 42, and

* Attachment: 2503-45382 SRA Derived GPS Reference Points,

 

 

 

 

 

 

 

 

 

 

 

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2803-45382 SRA

 

 

 

prepared by the Queensland Government.

 

 

 

State Assessment and Referral Agency

Document Set ID: 24377726
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Attachment 2—Changed reasons for decision to impose conditions

The reasons for this decision are:

* The application seeks a change (other) to a development permit for a material change of use to
expand the Resource Recovery Area (Utility Installation) at 561 Eumundi Noosa Road, Doonan,
formally described as lot 77 on SP298776.

* SARA assessed the application against the following of the State Development Assessment
Provisions (SDAP v3.2):
° State code 1: Development in a State controlled road environment
° State code 16: Native vegetation clearing.

« SARA determined that the proposed development complies with State codes 1 and 16 of the
SDAP, subject to conditions to ensure the development:

° does not compromise the safety, operational performance or physical integrity of the
State controlled road
© avoids and minimises the clearing of, and impacts to, native vegetation.

Material used in the assessment of the application:

« the development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.2), as published by SARA

the Development Assessment Rules

SARA DA Mapping system

« Section 58 of the Human Rights Act 2019.

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Attachment 3—Changed advice to assessment manager

 

 

 

 

 

 

 

 

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) (version 3.2). If a word remains
undefined it has its ordinary meaning.

State Transport - Public utility works and connections

2 . ; : 4
water/sewer, telecommunication), and in accordance with TMR technical standards (Non-
Tran: Utility Mana, int and Design Manual) Non-Trans; Utility Management and

nual (D. Tran: in Ri “
Approvals must be obtained prior to commencing any utility works within the state-controlled
road reserve. Please contact the public utility team via email at [email protected] for
further information on the application and approval process.
State Assessment and Referral Agency Page 6 of &
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Attachment 4—Representations about a referral agency response

 

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Attachment 5—Documents referenced in conditions

 

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PLANS AND DOCUMENTS.
referred to in the REFERRAL
AGENCY RESPONSE

Amended in red by SARA on
13 Novembor 2025

 

 

 

 

 

 

 

 

 

 

 

 

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j covey

 

STORMWATER MANAGEMENT PLAN

ele Noosa Shire Council
Project: Doonan Landfill Resource Recovery

Location: 561 Eumundi-Noosa Road, Doonan

  

Amended in red by SARA on
13 November 2025

  
   
 

  

  

PLANS AND DOCUMENTS ~ ¥
referred to in the ey
DEVELOPMENT APPROVAL = =~

SARA ref: 2503-45382 SRA

Date: 13 November 2025

 

 

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Document Set ID: 24377726

STORMWATER MANAGEMENT PLAN

 

Client: Neasa Shire Council Location: Doonan
DOocuMENT IssUE APPROVAL

Project No: 244035

Title: Stormwater Management Plan

Client: Noosa Shire Council

 

Amended in red by SARA on

 

 

 

Date: February 2025
13 November 2025
Issue: A
Distribution: Noosa Shire Council
Covey Associates Pty Ltd

© Copyright Covey Associates Pty Ltd (2025).

This document is the property of Covey Associates Pty Ltd. This document and the information contained in
it are solely for the use of the authorised recipient and this document may not be used, copies of reproduced
in whole or part for any purpose other than that for which it was supplied by Covey Associates Pty Ltd. Covey
Associates Pty Ltd makes no representation, undertakes no duty and accepts no responsibility to any third
party who may use or rely upon this document, or the information contained in it.

COPYRIGHT NOTICE: Parts of this document contain material originally prepared by:
This material is the intellectual property and copyright of Covey Associates Pty Ltd.

 

(oso (Ullaeims : YC opuy
Author: Anna Williams Reviewer: Allister Gaffney
Bsc (env.eng) BEng (Hons) MEng, RPEng, RPEQ
1 Project No: 244035
~_ covey 25-0042 Rpt Issue A

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Document Set ID: 24377726

STORMWATER MANAGEMENT PLAN

 

Client: Neasa Shire Council Location: Doonan
DOocuMENT ISSUE APPROVAL

Project No: 244035

Title: Stormwater Management Plan

Client: Noosa Shire Council

 

Amended in red by SARA on

 

 

 

Date: February 2025
13 November 2025
Issue: A
Distribution: Noosa Shire Council
Covey Associates Pty Ltd

© Copyright Covey Associates Pty Ltd (2025).

This document is the property of Covey Associates Pty Ltd. This document and the information contained in
it are solely for the use of the authorised recipient and this document may not be used, copies of reproduced
in whole or part for any purpose other than that for which it was supplied by Covey Associates Pty Ltd. Covey
Associates Pty Ltd makes no representation, undertakes no duty and accepts no responsibility to any third
party who may use or rely upon this document, or the information contained in it.

COPYRIGHT NOTICE: Parts of this document contain material originally prepared by:
This material is the intellectual property and copyright of Covey Associates Pty Ltd.

 

Claw Willaans WG aofuey
Author: Anna Williams Reviewer: Allister Gaffney
Bsc (env.eng) BEng (Hons) MEng, RPEng, RPEQ
1 Project No: 244035
~ covey 25-0042 Rpt Issue A

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STORMWATER MANAGEMENT PLAN

Client: Noosa Shire Council

Location: Doonan

 

CONTENTS

1.0

INTRODUCTION

2.0 SITE DESCRIPTION

24

22

2.3

Site Location

Existing Land-use, Topography and Drainage

Proposed Land-use

 

4.0 STORMWATER QUALITY

41

42

43

44

Water Quality Monitoring
4.1.1 Treatable Areas
4.1.2 Scenario Method

MUSIC Model Parameters
Proposed Stormwater Treatment Train

MUSIC Modelling Results

5.0 MAINTENANCE PERIOD

5.1

Bioretention Basins

5.1.1 ‘Construction Period’ Maintenance Requirements
5.1.2 ‘Maintenance Period’ Maintenance Requirements
5.1.3 ‘Operational Period’ Maintenance Requirements

6.0 CONCLUSION

7.0 REFERENCES

10

10
10
10
10

11

 

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LIST OF FIGURES

Figure 2-1 Site Locality (courtesy of Nearmap, accessed February 2025) ..... — — |
Figure 3-1 Proposed Development Concept ..........-..-...-..-» >
Figure 4-1 Overall Stormwater Catchment (extract from report no. M25-0045Rpt) ... .6
Figure 5-1 Site Stormwater Quality Catchment Plan .. 8
UST OF TABLES

Table 5-1 Pollutant Reduction Targets for Southeast Queensland .............-..ssee0n in woe aes F
Table 5-2 MUSIC Source Node Characteristics................... 8
Table 5-3 MUSIC Details for the Proposed Treatment Train... 9
Table 5-4 MUSIC Mode! Results for the Overall Treatment Train....... 9

LST OF APPENDICES

 

 

 

 

 

 

APPENDIX A Engineering Plans
APPENDIX B MUSIC Mode! (Electronic Copy)
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1.0 INTRODUCTION

This Stormwater Management Plan (SMP) contains information regarding the stormwater management
strategies for the proposed redevelopment of the Noosa Shire Council Doonan Landfill Resource at 561
Eumundi-Noosa Road, Doonan. This SMP refers to the proposed stormwater quantity and quality
management for the site and is in support of the ‘Change application’ for the Doonan Landfill Resource
Recovery Redevelopment Stage 1A.

Noosa Shire Council (NSC) requires that stormwater quality and quantity be appropriately managed and
treated prior to discharge from the site. The Queensland State Planning Policy (SPP, 2017) also requires that
urban development projects demonstrate how the potential impacts to receiving environments are
mitigated. This SMP outlines the requirements for effective stormwater management for the proposed
development.

2.0 SITE DESCRIPTION

2.1 Site Location

The proposed development site is located at 561 Eumundi-Noosa Road, Doonan. The real property
description is Lot 77 $P298776. The property has an area of approximately 192 ha and is bounded by Hollett
Road to the north, Walter Hay Drive to the east, Emu Mountain Arterial Road to the south and Eumundi-
Noosa Road to the west. More than half of the property is vacant land with grassland and vegetation. Refer
to Figure 2-1 for the site locality.

 

Figure 2-1 Site Locality (courtesy of Nearmap, accessed February 2025)

 

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2.2 Existing Land-use, Topography and Drainage

The site in its existing state is the Noosa Resource Recovery Centre which is mainly covered with
maintained bushland in the northem portion of the site and existing buildings and land fill areas in the
southern portion. The site is surrounded by bushland to the east, west and south. There are residential lots
and a golf course to the north.

The site slope is approximately 1.5%, with gradual changes in elevation from 30 m AHD to 16 m AHD. The
site slopes from south to north and discharges over the northern boundary to the northern road reserve
before flowing through the golf course.

3.0 Proposed Land-use

The development is a Recycle and Transfer Station Centre and associated infrastructure which is replacing
the Solid Waste Depot and Reviva Noosa Reuse Shop buildings. Refer to Figure 3-1.

Earthworks have been proposed to accommodate the development of the site and to facilitate efficient
drainage. Appropriate drainage infrastructure has been proposed in the design, including overland flow

swales to discharge local flows from the site and to convey runoff from external catchments around the
site.

 

Figure 3-1 Proposed Development Concept

 

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4.0 STORMWATER QUANTITY

Stormwater quantity management for the site ensures a “no-actionable nuisance” design for the proposed
development. Development of the site will result in an increase in impervious area and a corresponding
increase in peak stormwater runoff. However, as the proposed development area (2.24 ha) is much smaller
than the overall catchment (287 ha) the minor increase in the fraction impervious has a negligible effect on
the overall catchment peak discharges. As the proposed development has a fraction impervious higher than
the overall catchment and is located closer to the downstream boundary (outlet) the peak discharge will
arrive at the outlet much sooner than the overall catchment. Therefore, the increase in the peak discharge
for the overall catchment will be negligible. Further, stormwater detention is not required for the proposed
development.

Refer to Figure 4-1 for the overall stormwater catchment. Refer to the Flood Impact Assessment (Report No.
M25-0045Rpt Issue A) prepared by Covey Engineers for further details.

 

 

 

 

 

 

 

 

 

 

Figure 4-1 Overall Stormwater Catchment (extract from report no. M25-0045Rpt)

 

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5.0 STORMWATER QUALITY

This section of this SMP will demonstrate how the proposed stormwater quality management strategy will
comply with the requirements of the NSC and the SPP (2017) by demonstrating how the relevant stormwater
pollutant reduction objectives will be met.

Stormwater runoff generated from the site must achieve the required pollutant reduction targets required
under the State Planning Policy (2017) and the Noosa Shire Council's Planning Scheme (2020). These targets
are listed in Table 5-1. MUSIC modelling software version 6.3.0 was used to demonstrate compliance with
these pollutant reduction targets in this assessment.

Table 5-1 Pollutant Reduction Targets for Southeast Queensland

     

 

 

 

ee ae to Tet ee) sores
Total Suspended Solids (TSS) 80% reduction in average annual load of pollutants
Total Phosphorus (TP) 60% reduction in average annual load of pollutants
Total Nitrogen (TN) 45% reduction in average annual load of pollutants
Gross Pollutants (GP) 90% reduction in average annual load of pollutants

 

 

 

 

5.1 Water Quality Monitoring
Treatable Areas

The total treatable area for this water quality assessment is approximately 2.24 ha. The total treatable area
includes the existing development and associated road and carpark areas, as shown on Figure 5-1.

5.1.2 Scenario Method

The proposed development was modelled in MUSIC using split catchment source nodes. Three (3) industrial
source nodes were identified, comprising of road, ground cover and roof nodes. The proposed development
was modelled as two (2) sub-catchments (A and B).

 

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Figure 5-1 Site Stormwater Quality Catchment Pian

The areas used to model the source nodes were extracted from the proposed development plan. The
nominated fraction impervious for each source node modelled in MUSIC was therefore:

e Road source node: 100% impervious

* Ground cover source node: 0% impervious

¢ Roof source node: 100% impervious

5.2 MUSIC Model Parameters

The MUSIC Modelling Guidelines - South East Queensland Version 1.0 (WBD, 2010) was used to source base
and storm flow concentrations and runoff generation. The model was calibrated using the Bureau of
Meteorology (BoM) data from Cooroy, 1973 - 1983 at a 6-minute time step in accordance with the W8D
(2010) guidelines. All source nodes were set up in accordance with this guideline, specifically for split
catchments. No routing of drainage links was applied as a conservative approach. This approach assumes
that the flow through the drainage system is instantaneous, which likely overestimates the pollutant load.

Refer to Table 5-2 for the split catchment source node characteristics for each sub-catchment. A copy of the
MUSIC model is found in Appendix B.

Table 5-2 MUSIC Source Node Characteristics

 

 

 

 

 

 

 

 

 

0.778 0.168 0.400 1.346
8 0.600 0.110 0.186 0.896
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5.3 Proposed Stormwater Treatment Train

Stormwater runoff from the proposed development will be treated by two (2) bioretention basins prior to
discharging into the receiving environment. The proposed Bioretention Basin A will treat Sub-catchment A,
and Bioretention Basin B will treat Sub-catchment B. Table 5-3 details the associated bioretention basin
parameters used for the proposed treatment train.

Table 5-3 MUSIC Details for the Proposed Treatment Train

 

 

ee ee ree er ved tor ed er la
Pret 2 " fen) bry
ae p ‘
aie i] aay
A 122 122
o7 03
80 80

 

 

 

Refer to the engineering plans in Appendix A for further details.

5.4 MUSIC Modelling Results

MUSIC modelling of the proposed catchments was performed to ensure the nominated treatment strategy
achieves the required pollutant reduction objectives listed in Table 5-1. The target reductions in stormwater
pollutants are based on a comparison of an unmitigated scenario, having no treatment on site, and the
mitigated scenario, which has stormwater treatment measures incorporated onto the site.

As per the SPP (2017), MUSIC modelling is performed to demonstrate the environmental values of receiving
waters are not negatively impacted through the release of nutrients and sediments into waterways. Table
5-4 provides the modelling results for the proposed development being treated by the proposed bioretention
basins. Table 5-4 provides MUSIC modelling results for the overall catchment and considers all sub-
catchments in Table 5-2 and the overall proposed treatment train.

Table 5-4 MUSIC Model Results for the Overall Treatment Train

 

 

 

 

Unmitigated Mitigated toe Toads) ts Tat Ly
en A = pT
(ean) ren Pete ts en eat)
TSS 9590 1310 B11 30 Y
™. 16.7 4.39 73. 60 Y
1™N 72.6 37.2 48.8 45 Y
GP 666 0 100 30 Y

 

 

 

 

 

 

 

The MUSIC modelling results in Table 5-4 demonstrate that the stormwater management strategy proposed
for the development site meets or exceeds the target reduction rates for major pollutants required by the
NSC and the SPP (2017).

 

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6.0 MAINTENANCE PERIOD

The proposed bioretention basins will require management during both the construction period and
maintenance period of the development. To establish vegetation and treatment functions in the bioretention
systems, the filter media will require protection from the common pollutants generated in the construction
phases of the development. During the operational phase, regular maintenance is required to ensure a
comprehensive vegetation establishment, a critical component in stormwater pollutant uptake. Section 6.1
provides details for the general maintenance periods and the requirements for the bioretention basins.

6.1 Bioretention Basins
6.1.1 ‘Construction Period’ Maintenance Requirements

Erosion and sediment control devices will be installed at the commencement of the works to capture and
treat runoff during construction works. The sediment control devices should be cleaned out as required and
at the end of the works. During the construction stage, all sediment control devices are to be inspected
weekly, after runoff generating rain events and prior and after prolonged site shutdowns (e.g. holiday
periods). Proposed bioretention basins may be excavated and used as a sediment basin, where appropriate.

Any sediment basin will require weekly inspection to prevent scour and sediment build up. Basins should be
inspected regularly and cleaned out when 1/3™ full. At the completion of construction, the sediment basins
will be removed. The bioretention basin will be installed at the end of the construction phase when the site
is stabilised.

6.1.2 ‘Maintenance Period’ Maintenance Requirements

The bioretention basin on ground level may be temporarily turfed if required during the maintenance period.
Once construction of 80% of the site in the catchment of the development is complete, the turf will be
removed, and the basin will be vegetated appropriately.

6.13 ‘Operational Period’ Maintenance Requirements
Maintenance is to be carried out as needed to ensure continued functionality of the system. Maintenance

includes initial watering plants in new system, removal of litter or plant debris and reparation of eroded
areas.

 

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7.0 CONCLUSION

This SMP demonstrates the stormwater management strategies proposed for redevelopment of the Doonan
Landfill Resource Recovery at 561 Eumundi-Noosa Road, Doonan satisfy Noose Shire Council (NSC) and
Queensland State Planning Policy (SPP, 2017) requirements.

As described in Section 3.0, the change to the overall catchment peak flows within the overall catchment will
be negligible since the proposed development area is insignificant compared to the overall catchment area
discharging downstream. Further, the peak discharge of the proposed development will arrive at the outlet
well before the overall catchment peak discharge. Ultimately, this ensures no actionable nuisance to the
surrounding properties due to the proposed development and therefore no detention measures are required
for the site.

As described in Table 5-4, the stormwater treatment measures selected for the proposed development
achieve the performance criteria set by the NSC and by the SPP (2017). Annual load reductions of TSS, TP
and TN between the unmitigated and mitigated MUSIC model scenarios have been met or exceeded. It is
considered that a conservative approach has been taken as no routing in the drainage links has been adopted.

Sufficient consideration of stormwater controls has been demonstrated by:
* Compliance with the requirements of the Noosa Shire Council's Planning Scheme (2020);

© Compliance with the State Planning Policy (2017); and
* Compliance with QUDM (2017).

 

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8.0 REFERENCES

Department of State Development, Infrastructure and Planning (2017) State Planning Policy Brisbane,
Queensland.

Institute of Public Works Engineering Australasia, Queensland Division Ltd (2017) Queensland Urban
Drainage Manual, Fourth Edition 2017.

Noosa Shire Council, Noosa Plan 2020.

Water by Design (2010) MUSIC Modelling Guidelines, South East Queensland Version 1.0.

 

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APPENDIX A

ENGINEERING PLANS

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aa

La

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX B

MUSIC Mobet (ELECTRONIC Copy)

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PLANS AND DOCUMENTS ep
referred to in the tear
DEVELOPMENT APPROVAL sf

os SARA ref: 2503-45382 SRA

 

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. = 0 70 1.000 meets

 

 

 

 

 

 

 

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oo ~ Caaring mast nose 77 on Plan SP298776
(Ate C - Fisatreaunatety suter
(oedy conta intusiuctsre sennited) A VMP
‘TD: Warucnuna ane crag ea ‘i 2503-45382 SRA
Note Tha a colour reap and rent be sepeactvond in colour Werson:2 | @LVAS Case ID: 2025/001316 Sheet 1 of 1
Tee

 

 

 

 

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Page 69

 

 

Attachment: 2503-45382 SRA
Derived Reference Points
Datum: GDA2020, Projection: MGA Zone 56

 

 

Document Set ID: 24377726

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13 November 2025

 

 

 

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Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules’
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any

further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application

is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response.”

28.3. A concurrence agency may give a late referral agency response before the application is decided,

if the applicant has given written agreement to the late referral agency response.

28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),

the concurrence agency must—

(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and

(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

Pursuant to Section 68 of the Planning Act 2016

In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

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Document Set ID: 24377726

Version: 13, Version Date: 23/12/2025

Page 70 of 72

Page 71

Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. 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*

* An applicant may elect, under section 32, to stop the assessment manager's decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.

Page 2.02

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Version: 1, Version Date: 14/11/2025

Document Set ID: 24377726 Page 71 of 72

Version: 13, Version Date: 23/12/2025

Page 72

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –                                              1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and                                                application; and
                   (b) The person-                                                                (e) each person who may elect to become a co-respondent for the
                                                                                                      appeal, other than an eligible submitter who is not a principal
                         (i)   who may appeal a matter (the appellant); and
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and                 (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and             (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the                 person who the registrar considers appropriate.
                              matter.                                                         (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.                     (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –                                                             Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the          (5) A notice of appeal given to a person who may elect to be a co-
                       agency; or                                                                 respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the         (6) A person elects to be a co-respondent by filing a notice of election,
                       deemed refusal happens; or                                                 in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter            appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of        231 Other appeals
                       premises – 20 business days after a notice us published under
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or
                                                                                                  the Supreme Court decides a decision or other matter under this
                   (d) for an appeal against an infrastructure charges notice – 20                Act is affected by jurisdictional error, the decision or matter is non-
                       business days after the infrastructure charges notice is given             appealable.
                       to the person; or
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                   (e) for an appeal about a deemed approval of a development                     matter to the extent it is affected by jurisdictional error.
                       application for which a decision notice has not been given –
                                                                                              (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                   (f) for any other appeal – 20 business days after a notice of the              statement of reasons in relation to the decision or matter.
                       decision for the matter, including an enforcement notice, is
                                                                                              (4) In this section –
                       given to the person.
                                                                                                  decision includes-
               Note –See the P&E Court Act for the court’s power to extend the appeal
                       period.                                                                    (a) conduct engaged in for the purpose of making a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard                   (b) other conduct that relates to the making of a decision; and
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                   withdraw from the appeal.                                                      (e) a deemed refusal.

               (6) To remove any doubt. It is declared that an appeal against an                  non-appealable, for a decision or matter, means the decision or
                   infrastructure charges notice must not be about-                               matter-

                   (a) the adopted charge itself; or                                              (a) is final and conclusive; and

                   (b) for a decision about an offset or refund-                                  (b) may not be challenged, appealed against, reviewed, quashed,
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
               230 Notice of appeal                                                                   on any ground.
               (1) An appellant starts an appeal by lodging, with the registrar of the        232 Rules of the P&E Court
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                   (a) is in the approved form; and                                               rules of the court that apply to the appeal.
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
               (2) The notice of appeal must be accompanied by the required fee.                  the person has not complied with the rules of the P&E Court




                                                                PO Box 141                      P. (07) 5329 6500               [email protected]
                                                                TEWANTIN QLD 4565               F. (07) 5329 6501               www.noosa.qld.gov.au
                                                                                                                                                 Page 72 of 72
Document Set ID: 24377726
Version: 13, Version Date: 23/12/2025

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