08/0176 - DNR Referral Agency Response [As Published] · 132008.176

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Department of Natural Resources and Water (NRW)
Referral Agency Response
section 3 3 16 Integrated Planning Act 1997



1. APPLICATION INFORMATION
    1.1   Applicant name                          CBD Settlers Cove Pty Ltd
    1.2   Property description                    Lot 603 SP 188270
    1.3   Development Type                        Material Change of Use
    1.4   Assessment Manager                      Sunshine Coast Regional Council
    1.5   Assessment Manager Reference            2008/176
    1.6   Date application properly referred      1 May 2008
    1.7   Departmental Reference                  IC0508NAM0002


2. CONCURRENCE AGENCY MATTERS
   Vegetation Management Act 1999
   The Chief Executive of the Department of Natural Resources and Water (NRW)
   would like to inform the Assessment Manager, that NRW has no concurrence agency
   requirements in regard to the application

    Reasons for the concurrence agency response
    NRW has assessed the Material Change of Use (MCU) application against the
    Concurrence Agency Policy for Material Change of Use (MCU) 23 August 2007 and
    has determined that the application meets the requirements of Criteria Table B,
    because cleanng as a result of the MCU will only occur
         • for an urban purpose in an urban area on freehold land, and
         • in remnant vegetation that does not contain an endangered regional
             ecosystem, where there is no Property Map of Assessable Vegetation
             (PMAV) for the area subject to the clearing

    Definitions
    Underlined terms have been defined-Schedule A - Glossary

3. ADVICE AGENCY MATTERS
    Acid Sulfate Soils
    The Chief Executive of the Department of Natural Resources and Water (NRW)
    provides the following advice to the Assessment Manager on matters relating to State
    Planning Policy 2/02 - Planning and Managing Development Involving Acid Sulfate
    Soils (SPP 2/02)
    The application suggests that the proposed development will involve the excavation
    of 1000m3 or more of soil or sediment at or below 5m AHD              Based on this
    information, SPP 2/02 - Planning for and Managing Development Involving Acid
    Sulfate Soils (SPP 2/02) requires the applicant to conduct investigations to identify
    the presence of Acid Sulfate Soil (ASS) consistent with SPP 2/02 and associated

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  documents' and, if required, to provide an ASS Management Plan NRW requested
  this information from the applicant in written correspondence dated 15 May 2008
  The period prescribed within the Integrated Planning Act 1997 for the provision of this
  Referral Agency Response is about to expire and NRW has yet to receive adequate
  supporting information from the applicant relating to the identification and
  management of ASS As section 5 3 of SPP2/02 requires an Assessment Manager
  to confirm whether ASS is present within the area to be disturbed by the proposed
  development , NRW suggests that the Assessment Manager may wish to defer any
  decision on the application until an ASS investigation report and, if required, an ASS
  Management Plan is submitted and assessed This will provide an opportunity for
  NRW to give the Assessment Manager appropriate technical advice regarding the
  ability of the proposal to meet Development Outcome 1 enunciated within SPP 2/02

4. THIRD PARTY MATTERS
  The Chief Executive of the Department of Natural Resources and Water provides the
  following advice to assist the Assessment Manager to fully consider the application.
  Aboriginal Cultural Heritage Act 2003
  NRW also takes this opportunity to advise the Assessment Manager of the
  responsibilities of applicants under the Aboriginal Cultural Heritage Act 2003 The
  Assessment Manager may wish to include this information as an Advisory Note on
  the Decision Notice issued for the application
  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 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 in relation to Aboriginal cultural heritage if
  they are acting in accordance with cultural heritage duty of care guidelines gazetted
  under the Aboriginal Cultural Hentage Act 2003, available on the NRW 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 Abonginal Cultural Heritage
  Act 2003
  Applicants are also encouraged to undertake a search of the Aboriginal Cultural
  Heritage Database and the Aboriginal Cultural Heritage Register, administered by the
  Cultural Heritage Coordination Unit, NRW 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) 3238 3838 or on the NRW
  website www nrw cud gov au/cultural heritage




  Jeff Guinea
  Senior Officer (Planning & Environment)
  Nambour - South East Region
  Authorised Delegate

  12 June 2008
  Attachment 1        Schedule A - Glossary

   SPP 2/02 and the SPP 2/02 Guideline are available from www ipa qid gov au/codes/codespolicies asp
  The associated technical documents are available from http //www nrw qld gov au/land/ass/products html

  Department of Natural Resources and Water IC0508NAM0002                                                  Page 2 of 4

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Schedule A - Glossary
Clearing, for vegetation
 • means remove, cut down, ringbark, push over, poison or destroy in any way
      including by burning, flooding or draining, but
 • does not include destroying standing vegetation by stock, or lopping a tree

Clearing as a result of the MCU includes
  • clearing of assessable vegetation that will result from the change in use,
       consisting of any of the following
         - clearing for infrastructure-including buildings, stormwater management
             systems, water supply and sewerage systems that are proposed as part
             of the MCU application
         - clearing for roads, vehicle parking, vehicle and pedestrian access, utilities
             corridors, services, fences, firebreaks and fire management lines that are
             proposed as part of the MCU application
         - clearing that may not be necessary for developing infrastructure but is
             associated with the use applied for.
And
  • clearing of assessable vegetation that will become exempt if the development
       application is approved This includes any of the following examples
         - clearing for routine management and essential management purposes
             associated with the approved development including clearing to maintain
              proposed infrastructure, facilities, roads, access routes, utilities, services
             and fences, and clearing to maintain the safety of persons and property
             that will be associated with the development
         - clearing for necessary fire breaks and fire management lines associated
             with the development This will be assessed as follows
                  i all built infrastructure other than underground services, roads and
                    fences will be assessed as requiring clearing for firebreaks with a
                    width of 15 times the height of the tallest vegetation adjacent to the
                    infrastructure, or 20m, whichever is the greater However, evidence
                    may be provided to NRW that confirms that an alternative firebreak
                    width is required that is consistent with the State Planning Policy
                    (SPP) 1/03 Guideline
                ii all proposed allotment boundaries will be assessed as requiring
                    clearing for fire management lines with a width of 10m constructed
                    on either side of the allotment boundary, unless NRW is provided
                    with evidence that confirms that an alternative width of fire
                    management line is required or an alternative configuration of fire
                    management lines are required that is consistent with the SPP 1/03
                    Guideline
               ell in the case of evidence being presented that demonstrates
                    alternative fire management guidelines as being sufficient and
                    consistent with the SPP 1/03, NRW may condition the development
                    so that the full extent of exempt clearing prescribed for essential
                    management under Schedule 8 of the IPA cannot be carved out by
                    current or future landholders
        - where there is a concurrent application for Reconfiguring of a Lot (RaL)
             for the same land that has not yet been decided-clearing as a result of
             the RaL as set out in the RaL Policy item 2 will be assessed
Endangered Regional Ecosystem means a regional ecosystem that is prescribed
under a regulation and has either-
(a) less than 10% of its pre-clearing extent remaining, or



Department of Natural Resources and Water IC0508NAM0002                           Page 3 of 4

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(b) 10% to 30% of its pre-clearing extent remaining and the remnant vegetation
remaining is less than 10000ha

Regional Ecosystem means a vegetation community in a bioregion that is
consistently associated with a particular combination of geology, landform and soil

Remnant Vegetation for an area of Queensland within a regional ecosystem map,
means the vegetation mapped as being within remnant endangered regional

regional ecosystems shown
on the map

Urban area is an urban area as defined in the Integrated Planning Act 1997.

Urban Purpose is an urban purpose as defined in the Integrated Planning Act 1997

Vegetation is a native tree or plant other than the following
 • grass or non-woody herbage
 • a plant within a grassland regional ecosystem prescribed under a regulation
 • a mangrove




Department of Natural Resources and Water IC0508NAM0002                       Page 4 of 4

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