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2008-18281 SRA Information request

Attached to the e-mail SARA Information Request - RAL20/0012.

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GE33-N




SARA reference:      2008-18281 SRA
Applicant reference: 93/223
Council reference: RaL20/0012



10 September 2020

 Geoff Black
 C/- Max Watterson & Associates
 PO Box 639
 COOROY QLD 4563
 [email protected]


Attention:        Mr Max Watterson



Dear Mr Watterson


SARA information request - 352 Eastern Branch Road and
103 Williams Road Kin Kin
(Given under section 12 of the Development Assessment Rules)

This notice has been issued because the State Assessment and Referral Agency (SARA) has identified
that information necessary to assess your application against the relevant provisions of the State
Development Assessment Provisions has not been provided.

 Koala Habitat
 Background:
 An assessment against State code 25: Development in South East Queensland koala habitat areas
 (Sate code 25) was not provided with the application material. Performance outcomes (POs) PO1 to
 PO6 within State code 25 have not been addressed.
 PO1 - Retaining koala habitat areas
 1.      Issue:
         PO1 of State code 25 requires that development is sited, designed, constructed and/or operated
         to ensure impacts to koala habitat areas are avoided to the greatest extent possible and any
         impacts that cannot be avoided must be minimised to the greatest extent possible with impacts
         to koala habitat values mitigated to the greatest extent possible.


         The proposed development interferes with koala habitat area by placing the proposed new
         boundary line within mapped koala habitat area. The application material has not discussed

                                                                      South East Queensland (North) regional
                                                                      office
                                                                      Mike Ahern Building, Level 3, 12 First
                                                                      Avenue, Maroochydore
 Page 1 of 5                                                          PO Box 1129, Maroochydore QLD 4558
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                                                                                                 2008-18281 SRA



       whether the koala habitat area will be cleared to create the boundary fence and resulting
       vegetation buffer.

       Action:
       Provide an assessment against PO1 that demonstrates that:
             alternative development options to retain koala habitat areas have been considered (i.e.
              through siting and design of the proposed development) but were not reasonably
              practicable (note justification should be provided on why alternative options with no or less
              impacts were not reasonably practicable)
             there is no alternative other than interfering with koala habitat areas for the development
              to occur (note justification will need to be provided of why koala habitat areas could not be
              retained)
             the minimum amount of koala habitat area will be cleared (note this includes refining
              clearing to areas of koala habitat areas that provide the lowest koala habitat value) (note
              alternative designs considered should be provided along with justification of why this is the
              chosen siting and design results in the smallest impact on koala habitat area possible),
              and
             actions to mitigate impacts on koala habitat values are included in the planning and design
              of the development (justification will need to be provided on why the proposed mitigation
              measures are considered appropriate).
       It is advised that any impacts to koala habitat are refined to areas of the site that provide the
       lowest koala habitat values. This should be supported by a report that provides an assessment
       on the quality of koala habitat across the development site. The report must be prepared by a
       suitably qualified ecologist that identifies the methodology undertaken for the assessment and
       address the following:
              use or potential use of the site or parts of the site by koalas (e.g., koala survey, literature
                 review (identifying preferred habitat types))
              the location of koala habitat trees that are being used by koalas (identified through site
                 survey and supported by evidence of koala use (e.g., scats, scratches or koala sittings)
              the location of other koala habitat trees
              existing and potential connectivity between koala habitat areas inside and outside the
                 site, and
              waterways and drainage lines.

PO2 and PO3 - Fragmentation, connectivity and safe koala movement
2.     Issue:
       PO2 and PO3 of State code 25 ensure that koala habitat areas are not fragmented as a result of
       the proposed development and that the proposed development ensures connectivity and safe
       koala movement opportunities are incorporated into the siting, design, construction and operation
       of the proposed development.
       The proposed development could impact connectivity on the site by clearing previously un-
       fragmented areas of koala habitat area, and erecting fences that will restrict koala movement
       through the site (the design of any fencing is unknown). The application should detail any fencing
       proposed as a result of the reconfiguration and consider koala sensitive fencing as outlined the
       Koala Sensitive Design Guideline available here:
       https://environment.des.qld.gov.au/__data/assets/pdf_file/0025/102859/koala-sensitive-design-
       guideline.pdf.


       Action:


State Assessment and Referral Agency                                                                Page 2 of 5

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                                                                                                 2008-18281 SRA




       Provide material to demonstrate that koala habitat areas are not fragmented as a result of the
       proposed development and that vegetation between patches of koala habitat areas (which act as
       corridors or ‘stepping stones’ for koala movement) are maintained. If this cannot be achieved,
       justification for this will need to be provided along with alternative solutions to provide
       connectivity and safe koala movement. Justification why alternative solutions are considered to
       be appropriate should also be provided.
       An assessment of the existing connectivity values and safe koala movement opportunities,
       undertaken by a suitably qualified ecologist, must be provided along with the connectivity values
       and safe koala movement opportunities that will remain as a result of the proposed development.
       The application material should detail any fences that are intended as a result of the
       reconfiguration and consider incorporating koala sensitive design principles that allow koalas to
       safely move through the area.

PO5 Matters of State Environmental Significance
4.     Issue:
       PO5 of State code 25 requires impacts to matters of state environmental significance (MSES) to
       be avoided, minimised and mitigated to the greatest extent possible. If there will still be a
       significant residual impact to a MSES that is a prescribed environmental matter, an
       environmental offset may be required if an offset is a suitable outcome.
       Development which does not avoid or minmise impacts on koala habitat and other MSES may
       not be approved if the application cannot demonstrate how development avoids, minmises
       and/or mitigates impacts on these values.
       The application material has not discussed impacts to MSES, and therefore has not sufficiently
       demonstrated how the development has avoided or minimised and mitigated impacts to MSES.
       A desktop assessment of the development site shows that the area contains the following MSES:
       The site is mapped as containing the following MSES:
           Koala habitat area – core (SEQ)
           Koala habitat area - locally refined (SEQ)
           High Ecological Significance wetlands on the map of Referable Wetlands
           Regulated vegetation – Essential habitat:
                     Phascolarctos cinereus – koala – vulnerable (V) under the Nature Conservation
                       Act 1992 (NCA)
                     Xanthostemon oppositifolius - southern penda - (V) under the NCA,
           Threatened (endangered or vulnerable) wildlife:
                     Rhodomyrtus psidioides - native guava – Endangered (E) under the NCA
                     Xanthostemon oppositifolius - southern penda – (V) under the NCA,
           Special least concern animal:
                     Ornithorhynchus anatinus – platypus,
           Regulated Vegetation – Of Concern in Category B (remnant) - RE: 12.3.2
           Regulated Vegetation – Endangered in Category C (regrowth):
                     RE: 12.11.10/12.11.3/12.11.16/12.11.2
                     RE: 12.11.10/12.11.2/12.11.16/12.11.3
                     RE: 12.3.11/12.3.2/12.3.1a/12.3.4, and
           Regulated Vegetation - intersecting a watercourse.

       Action:
       Provide a report prepared by an appropriately qualified ecologist that:
        identifies all MSES that is known to exist, or is likely to exist, on or within proximity to the site


State Assessment and Referral Agency                                                                Page 3 of 5

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                                                                                              2008-18281 SRA



           demonstrates how impacts to the identified MSES have been avoided to the greatest extent
            possible
           where all or part of a MSES cannot be avoided, demonstrates how any impacts to MSES
            that cannot be avoided have been minimised and mitigated to the greatest extent possible
           provides a significant residual impact assessment for each MSES (after all avoidance,
            minimisation and mitigation) in accordance with:
                o Chapter 2A of the Queensland Environmental Offsets Policy for koala habitat:
                    https://www.environment.des.qld.gov.au/__data/assets/pdf_file/0018/102834/offsets-
                    policyv1-8.pdf, and
                o DSDMIP Significant Residual Impact Guideline provides for all other MSES:
                    (http://www.dlgrma.qld.gov.au/resources/guideline/planning/dsdip-significant-
                    residual-impact-guideline.pdf) and
                o identifies any potential offset obligation as per PO5 (3) of State code 25.


 PO6 Category C and R vegetation
 4.     Issue:
        The development application is proposing to impact on Category C vegetation, including from
        clearing.

        Action
        Submit a report prepared by a suitably qualified ecologist that identifies:
            areas of Category C vegetation proposed to be cleared or otherwise impacted (including
               as a result of exempted development created from the proposed development)
            why impacts to Category C vegetation cannot be avoided, and
            if Category C vegetation cannot be completely avoided, measures that have been or will
               be taken to minimise and mitigate impacts on Category C vegetation.


How to respond
You have three months to respond to this request and the due date to SARA is 10 December 2020.

You may respond by providing either: (a) all of the information requested; (b) part of the information
requested; or (c) a notice that none of the information will be provided. Further guidance on responding to
an information request is provided in section 13 of the Development Assessment Rules (DA Rules).

It is recommended that you provide all the information requested above. If you decide not to provide all
the information requested, your application will be assessed and decided based on the information
provided to date.

You are requested to upload your response and complete the relevant tasks in MyDAS2.

As SARA is a referral agency for this application, a copy of this information request will be provided to the
assessment manager in accordance with section 12.4 of the DA Rules.




 State Assessment and Referral Agency                                                             Page 4 of 5

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                                                                                                                     2008-18281 SRA



If you require further information or have any questions about the above, please contact Luke Farrelly,
Senior Planning Officer, on (07) 53529774 or via email [email protected] who will be
pleased to assist.

Yours sincerely




Danika Cowie
Principal Planning Officer

cc        Noosa Shire Council, [email protected]

 Development details

 Description:                Development permit                  Reconfiguring a lot for Boundary Realignment (2 Lots and Common
                                                                 Property into 2 Lots and Common Property)

 SARA role:                 Referral agency

 SARA trigger:              10.3.4.2.1 (Planning Regulation 2017) - Clearing native vegetation
                            10.10.3.3.1.1(Planning Regulation 2017) - Koala habitat area in SEQ region

 SARA reference:            2008-18281 SRA

 Assessment criteria:       State code 16: Native vegetation clearing
                            State Code 25: Development in South East Queensland koala habitat areas




 State Assessment and Referral Agency                                                                                    Page 5 of 5

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