08/0252 - Referral Agency Response - EPA [As Published] · 142008.252

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Notice

Notice of Decision - Concurrence Agency Response

 

\f you require more information, please contact Jackie Mahon, the Project Manager, on the telephone number

listed below.

Yours sincerely

 

 

 

 

2.15 /oX”

 

 

Ben Sale

Team Leader

Brisbane North — Environmental Operations
Environmental Protection Agency

Enquiries:

Brisbane North — Environmental Operations
Environmental Protection Agency

PO Box 168

COTTON TREE QLD 4558

‘Telephone: 07 5459 6132

Facsimile: 07 5443 9927

 

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Environmental Protection Agency

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Response

 

Concurrence Agency Response - Coastal development

 

 

This notice is issued by the Environmental Protection Agency pursuant to Sections 3.3.16 and 3.3.18 of the Integrated
Planning Act 1997.

EPA Reference Number: MCY1963/BNE9336

EPA Project Number: 322754

Approval type: Development Approval - Concurrence Agency Response
EPA application date: 6 MARCH 2008

 

Relevant Laws

woe Coastal Protection and Management Act 1995 and subordinate legislation
and Policies:

 

Concurrence Agency

sn de pin Item 12 in Table 2 of Schedule 2 of the Integrated Planning Regulation 1998.
Jurisdiction:

 

EPA Permit Number: IPCC00934508

 

Assessment Manager 2008/252 — Sunshine Coast Regional Council

 

 

Reference:
Applicant: CBD Settlers Cove, C/- The Jetty Specialist, 2 Industrial Avenue, Caloundra
Activity Description: Operational Works carried out within a coastal management district that is

prescribed tidal works; being construction of a pontoon

 

Description of Subject Noosa Inlet, adjacent to Lot 603 Plan SP188270

Land:

 

 

Lot 603 Plan SP188270

 

 

 

Response to Development Application

The Environmental Protection Agency (EPA), acting as a concurrence agency under the Integrated Planning Act
1997, provides its response to the application (detailed above). The condition(s) listed below must attach to any
approval for the development.

Conditions:

Agency Interest: Coastal
4. The works must be undertaken in accordance with the plans listed below.

 

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Queensland Government

Environmental Protection Agency Environmental Protection Agency
www.epa.qid.gov.au ABN 87 221 158 786 Queensland Parks and Wildtife Service

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Response

Concurrence Agency Response

 

Plans:

Drawing Numbers:
Drawing No: JSP-CP-490 prepared by Cardno (Qld) Pty Ltd dated 20/08/01
Drawing No: JSP-CP-491 prepared by Cardno (Qid) Pty Ltd dated 20/08/01
Drawing No: JSP-CP-492 prepared by Cardno (Qld) Pty Ltd dated 20/08/01

Reasons for the inclusion of development conditions

In accordance with Section 3.3.18(7) of the Integrated Planning Act 1997 and Section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:

. The Environmental Protection Agency is recognised as a concurrence agency under the Integrated _
Planning Amendment Regulation (No. 1) 1998 for coastal management, other than amenity and aesthetic
significance or value. Development conditions placed on the development approval for the application are
in accordance with section 106 of the Coastal Protection and Management Act 1995.

Additional information for applicants

It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site
becomes aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994)
is being carried out on this land or that the land has been affected by a hazardous contaminant, they must,
within twenty two (22) business days after becoming aware the activity is being carried out, give notice to the
Environmental Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the
Environmental Protection Act 1994.

This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104
of the Coastal Protection and Management Act 1995 does not remove the need to obtain any further
approvals for this development which may be required pursuant to this or other legislation, both State and
Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as
may be required. :

Additional information for the Assessment Manager:

The Environmental Protection Agency referral agency jurisdiction for the development application is confined
to that aspect of the application involving the triggers identified in the response. EPA has no referral
agency jurisdiction in relation to other aspects of the development application.

In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a
state planning policy. The assessment manager is required to give due consideration to the relevant State
planning policies when deciding the application.

Additional comments or advice about the application
Values

A Biodiversity Planning Assessment undertaken by the Environmental Protection Agency (EPA) identified the
following values for Lot 603 on Plan SP188270:

 

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Concurrence Agency Response

« Palustrine referable wetland consisting of regional ecosystem (RE) 12.3.4, Melaleuca quinquenervia,
Eucalyptus robusta open forest on or near coastal alluvial plains, located immediately to the west of the
pontoon site. This is considered an ‘of concern’ remnant vegetation community. It is core habitat for the
acid frogs Crinia tinnula and Litoria freycineta and non-core for Litoria olongburensis; and core habitat
for koala, Phascolarctos cinereus under the SEQ Threatened Species Habitat layer. It is of State
biodiversity significance for Endangered, Vulnerable and Rare (EVR) taxa.

e RE12.2.1/ 12.2.5, containing palustrine wetland, described as 70/30 notophyll/evergreen notophyll vine
forest and; open-forest to low closed forest. This complex is located within the development footprint
along the foreshore. This RE is described as of ‘very high’ conservation value and poorly conserved
within the subregion. it contains ‘special biodiversity values’ consisting of a riparian bioregional corridor.
It is core habitat for the acid frogs Crinia tinnula, Litoria freycineta and Litoria olongburensis and non-
core for Litoria cooloolensis; and non-core habitat for koala, Phascolarctos cinereus.

« RE 12.2.5 comprises the bulk of the site and is listed as a referable wetland (51 -80% wetland
vegetation).

« A South East Queensland (SEQ) riparian corridor of State biodiversity significance traverses the site.

e The site is classified as both Regional Landscape and Rural Production Area and Urban Footprint under
the SEQ Regional Plan, 2005- 2026. The location of works appears to be on the boundary however
should be entirely within the urban footprint.

e The western portion of the site is designated as Koala Conservation Area under the Nature
Conservation (Koala) Conservation Plan, 2006. The tocation of the pontoon appears to be very close to
this boundary.

Advice relating to Biodiversity Matters:

Policy 2.1.5, Maritime Infrastructure, of the State Coastal Management Plan — Queensland's Coastal Policy
2001 (SCMP) does appear to allow the construction of new pontoons connected to State land under (e) such
facilities were clearly identified as being intended as part of an assessment for new urban development on
adjacent land and the facilities are connected to that land. The original development application approved by the
Noosa Council on 13 July 2005 including plan 1128 RHD OA, Amendment A indicates the proposed pontoon
and catwalk (Refer to Environment & Planning Committee Reports 30/11/07, pg. 2).

The EPA acknowledges that the pontoon is to be designated as a public facility once constructed, as stated in
Noosa Council correspondence to the Department of Natural Resources and Water dated 11 December 2007.
This outcome appears to be supported by Policy 2.1.5, Maritime Infrastructure of the SCMP, which states that a
public facility would be the most appropriate arrangement for a pontoon connected to State fand on the coast.

Based on the significant environmental attributes identified on Lot 603 Plan SP188270, an ecological!
assessment of the site should have been provided to demonstrate that there are to be no adverse impacts on
the ecological values and functioning of the area. Additionally, information on how the pontoon will be
constructed and accessed was not provided.

The referable wetland is described as a ‘significant coastal wetland’ under the criteria of Policy 2.8.1 Areas of
state significance (natural resources) (a) (vi) State and Regional Coastal Management Plans — Queensland's
Coastal Policy — Implementation Guideline for Development Assessment November 2007. A policy outcome
against which development is to be assessed is that “Future land uses are !ocated outside areas of state
significance”. Only existing urban, maritime and rural land uses can expand provided that there will be no
adverse impacts on coastal resources. Significant coastal wetlands may need a buffer area greater than 200m
(refer to Regional Vegetation Management Code for SEQ Bioregion, 2006: Part P, PR P.2 Wetlands for RE
12.3.4; does not apply if pontoon is located in RE 12.2.1/ 12.2.5).

Construction of proposed pontoon

The construction of the maritime infrastructure may involve the clearing of riparian vegetation which would
trigger Policy 2.8.2 Coastal Wetlands of the SCMP. Should this occur the applicant would need to demonstrate
how the development maintains coastal wetland functions to provide habitat for threatened species (including
acid frogs and koalas). Similarly, Policy 2.8.3 Biodiversity requires the retention of riparian vegetation along
waterways of sufficient width to provide for a self-sustainable, linked network (i.e. maintenance of aquatic and
terrestrial habitats and movement corridors for native animals).

 

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Response

Concurrence Agency Response

 

Should you have any queries in relation to this Response, please contact Jackie Mahon, the Project Manager,
on the telephone listed below.

Yours sincerely

4

‘Ow 2.1 6s[oX.

 

 

 

 

 

 

 

 

Signature Decision Date
Ben Sale Enquiries:
Team Leader Brisbane North — Environmental Operations
Brisbane North — Environmental Operations Environmental Protection Agency
Environmental Protection Agency PO Box 168

COTTON TREE QLD 4558
Telephone: 07 5459 6132
Facsimile: 07 5443 9927

 

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