RFI - Attachment D - Assessment of Environmental values - Callaghan and Toth

Ecological Assessment Report for Proposed Hinterland Adventure Playground – Noosa Shire Council
August 2109 by Noosa & District Landcare


4. Legislation Assessment for Proposed Development.

4.1 EPBC Act 1999

Under the Commonwealth EPBC Act, in conjunction with the Approval Bilateral Agreements
Queensland, self-assessment by the proponent or representatives would deem the proposal
(including the installation of 2 x viewing platforms) to NOT pose a Significant Impact to Threatened
species, Ecological Community or other Matter of National Significance such as a Heritage Place, or
Wetlands of National Significance. Therefore the proposal does not require referral to the
Commonwealth Environment Department.

4.2 Vegetation Management Act 1999

Under the VMA, the area of Cooroy Creek in the Lower Mill Site is identified to contain ‘Category R’
area vegetation on the Regulated Vegetation Management Map (RVMM). This category of
vegetation is known as: native woody vegetation on freehold land, Indigenous land or leasehold land
granted for agriculture or grazing purposes, located within 50 metres of a watercourse in the
Burdekin, Mackay, Whitsunday and Wet Tropics Great Barrier Reef catchments.

The construction of viewing platforms on the Cooroy Creek involving the clearance of existing
vegetation (and regrowth) and excavation of the creek bed, is only possible if an exemption is
granted under schedule 21 of the Planning Regulation 2017 or through an Accepted Development
Vegetation Clearing Code (ADVCC) under the Vegetation Management Act 1999 and the Planning
Act 2016. The reserve tenure and freehold tenure have different requirements for exemptions to be
granted.


In regards to land held by Council as trustee, the Cooroy Creek is mapped as non-tidal boundary
watercourse under the Land Act and clearing for the platforms will require authorisation from the
Chief Executive administering the Land Act as per schedule 21, part 2, section 7(a) of the Planning
Regulation 2017 and then clearing could occur under schedule 21, part 2, section 7(b) (iv) of the
Planning Regulation 2017.

Noosa Council will be required to submit a request for exemption which can be made to:

         [email protected]

Clearing native vegetation for the platforms in ‘Category R’ areas on the adjacent freehold land
owned by Noosa Shire is likely to be able to occur under the routine management exemption—

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