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Appendix A_2008-18430 SPL - Pre-lodgement advice (1)
PA6-L
Our reference: 2008-18430 SPL
13 October 2020
Noosa Shire Council
C/- BMT Global
Level 8, 200 Creek St
SPRING HILL QLD 4004
[email protected]
Attention: Ms Lisa McKinnon
Dear Ms McKinnon
Pre-lodgement advice
Thank you for your correspondence received on 25 August 2020 in which you sought pre-lodgement
advice from the State Assessment and Referral Agency (SARA) regarding the proposed development
described below.
Reference information
Departmental role: Assessment manager
Departmental jurisdiction: Schedule 10, Part 5, Division 3, Table 1 – Environmentally relevant
activities (Schedule 8, Table 4, Item 1)
Schedule 10, Part 6, Division 3, Subdivision 3, Table 1 – Marine
plants
Schedule 10, Part 17, Division 2, Table 1 – Tidal works or works in a
coastal management district (Schedule 8, Table 4, Item 3(l)(ii))
Schedule 10, Part 17, Division 3, Table 2 – Tidal works or work in a
coastal management district
Location details
Street address: Claude Batten Drive, Noosa Heads
Real property description: Lot 114 on MCH839107
Local government area: Noosa Shire Council (the council)
Pre-lodgement advice The council are proposing to undertake remediation and rehabilitation
request: of erosion that is occurring at the Noosa Spit (along the beach area
known as 'Dog Beach'). The works will involve dredging of sand
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 10 PO Box 1129, Maroochydore QLD 4558
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2008-18430 SPL
material from the Noosa River (unallocated state land), beach
nourishment and installation of two 'sand plugs' to divert flows into the
central channel at the river mouth. Seeking advice about the relevant
State triggers and application requirements.
Details of proposal
Development type: Material change of use AND Operational work
Development description: Environmentally relevant activity – 16(1)(b) and Tidal works involving
beach nourishment
Supporting information
Drawing/report title Prepared by Date Reference no. Version/issue
Noosa Spit Shoreline BMT 31/10/2019 R.B23636.001. 2
Erosion Management Plan 02.SEMP_final
.docx
General Arrangement BMT 02/09/2020 A10342-01- B
Concept Plan 01A
Acid Sulfate Soils and Coffey Geotechnics 17/03/2011 GEOTKPAR01 2
Dredging Assessment Pty Ltd 783AA/A
SARA has carried out a review of the information provided and the impacts of the proposal. The following
advice outlines the matters of interest to the department and matters that should be addressed if you
lodge your development application with the department as the assessment manager.
SARA jurisdiction and fees
1. Based on the information provided, a future development application will require assessment by the
Chief Executive of the Planning Act 2016 (Planning Act), through SARA, under the following
provisions of the Planning Regulation 2017 (Planning Regulation):
Schedule 10, Part 5, Division 3, Table 1 – Environmentally relevant activities (Schedule 8, table
4, Item 1). The applicable fee to be paid in accordance with Schedule 10, Part 5, Division 3,
Table 1, Item 5(b)(i).
Schedule 10, Part 6, Division 3, Subdivision 2, Table 1 – Operational work involving marine
plants. The applicable referral fee to be paid in accordance with Schedule 10, Part 6, Division 3,
Subdivision 2, Table 1, Item 5.
Schedule 10, Part 17, Division 3, Table 1 – Tidal works or work in a coastal management
district. The applicable referral fee to be paid in accordance with Schedule 10, Part 17, Division
3, Table 1, Item 8(a)(i).
Schedule 10, Part 17, Division 3, Table 2 – Tidal works or work in a coastal management
district. The applicable referral fee to be paid in accordance with Schedule 10, Part 17, Division
3, Table 2, Item 8(c).
A formal development application should demonstrate compliance with the performance outcomes
(PO) and acceptable outcomes (AO) of the relevant modules of the State Development Assessment
Provisions (SDAP). SARA recommends the following be submitted with the application at formal
lodgement:
An assessment against the latest version of SDAP:
o State code 7: Maritime safety (State code 7)
o State code 8: Coastal development and tidal works (State code 8)
o State code 11: Removal, destruction or damage of marine plants (State code 11), and
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2008-18430 SPL
o State code 22: Environmentally relevant activities (State code 22).
A Shoreline Erosion Management Plan.
The State Development Assessment Provisions are available at:
https://planning.dsdmip.qld.gov.au/planning/better-development/the-development-assessment-
process/the-states-role/state-development-assessment-provisions
Further guidance on what information needs to be supplied with a formal development application can
be obtained from the Department of Transport and Main Roads’ State Development Assessment
Provisions (SDAP) Supporting Information available at
https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Planning-and-
development-assessment-under-the-Planning-Act/Assessable-development
Environmentally Relevant Activity (ERA) 16
1. Based on the information provided, it is advised that the proposed development constitutes:
• ERA 16(1)(b) dredging more than 10,000t but not more than 100,000t in a year.
Based on the information provided, the proposed dredging activity will include both the removal of
dredge spoil and land/sea based disposal of dredge spoil.
This ERA threshold is classified as a concurrence ERA under the Environmental Protection
Regulation 2019 (EP Reg) and therefore will trigger a material change of use (MCU), which also
requires a development approval under the Planning Act 2016.
2. The development application will also be taken as an Environmental Authority (EA) application under
section 115 of the Environmental Protection Act 1994.
Please refer to https://www.business.qld.gov.au/running-business/environment/licences-
permits/applying/technical for a number of technical guidelines, which outline the technical
information requirements for applications for an environmental authority.
It should be noted, multiple Environmental Authorities (EAs) can exist over the one site, as long as
they are different operators, i.e. the same operator cannot hold multiple EAs for the same ERA.
For further information on combining or amalgamating environmental authorities, please refer to the
following website:
https://www.business.qld.gov.au/running-business/environment/licences-permits/change-
combine/combine
3. In the EA application please provide information on, but not limited to, the following:
Operational plans for the removal of dredge spoil including:
o the proposed footprint of the dredge area
o the method by which the dredge spoil will be removed
o the volume of dredge spoil to be removed
o the proposed depth of extraction, and
o physical and chemical characteristics of the dredge spoil including potential
contaminants in accordance with the National Assessment Guidelines for Dredging
2009.
Operational plans for the disposal of dredge spoil including:
o the proposed location for disposal of dredge spoil
o the method by which the dredge spoil will be transported and placed in the area
o the method by which the spoil is to be contained within the area
o the method by which the spoil will be dewatered
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o expected water quality parameters for the discharge
o the current and intended land use of the proposed disposal site, and
o detail on how the dredge spoil disposal area will be made fit for future land use.
An acid sulfate soil management plan detailing how any acid sulfate soils are to be managed.
An ecological report identifying any significant ecological values (particularly matters of State
environmental significance) within or adjacent to the proposed dredge footprint and disposal area
that could be impacted as a result of the activity.
4. The application must address the PO’s for the environmental objectives of the operational
assessment prescribed in Schedule 8, Part 3, Division 1 of the EP Reg.
The application must include a technical assessment of the environmental risks to the receiving
environment in relation to air, water, noise, land and waste associated with the activity/ies. The
application must show how the PO’s for each environmental objective are met. Technical guidelines
detailing the minimum information that should be supplied to support an application are available on
the Business and Industry Portal:
• Air: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-air-impacts.pdf
• Land: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-land-impacts.pdf
• Noise: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-noise-impacts.pdf
• Water: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-water-impacts.pdf
• Waste: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-waste-impacts.pdf
5. Please address the standard criteria as defined in Schedule 4 Dictionary of the Environmental
Protection Act 1994 in regards to the proposed activity (including the dredging aspects and disposal
of dredge spoil aspects).
6. The diagnostic tool function (link below) can be used to generate a report that will include how and
where to apply, the application and annual fees that apply, how to determine environmental
impacts/relevant Environmental Protection Policies, guidance materials to assist in the preparation of
supporting information and additional resources.
https://www.business.qld.gov.au/business/running/environment/licences-permits/form-fees-finder
7. Concurrence ERA
Any development application made should provide a response to the latest version of the SDAP
State code 22, in its entirety, identifying how the proposed development meets each PO by
addressing all applicable AO’s.
8. As part of the application supporting documentation, a Shoreline Erosion Management Plan (SEMP)
that has been reviewed and supported by the Department of Environment and Science (DES) will
need to be provided. Please ensure the SEMP has been sent to [email protected] for
technical review.
Please note, DES does not endorse SEMPs, however it is critical to have it reviewed and supported
by DES as it will be a key document to support any future development applications.
Tidal works or work is a coastal management district
9. State code 8
Please provide a response to the latest version of the SDAP State code 8, in its entirety, identifying
how the proposed development meets each PO.
10. Matters of State environmental significance (MSES)
Following a preliminary investigation, the proposed works are within the following MSES:
• Regulated Vegetation (defined watercourse).
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The proposed works are adjacent to the following MSES:
• Regulated Vegetation (essential habitat)
• Wildlife Habitat (special least concern animal)
• Wildlife Habitat (endangered or vulnerable)
• Declared High Ecological Value Waters (wetland)
• Declared Fish Habitat area (A and B areas)
• Protected Area (estates)
• High Ecological Significance Wetlands
11. To address PO16 of State code 8, it will be required to determine if there are any MSES on or
adjacent to the proposed development site. A definition of MSES is available in Schedule 2 of the
Environmental Offsets Regulation.
12. Environmental Reports Online (https://apps.des.qld.gov.au/report-request/environment/) can be used
to conduct a desktop analysis to identify any mapped MSES that exists on (using the lot on plan
option to search) and near the proposed site/s (using the central coordinates option to search).
Where MSES are identified:
Provide a targeted assessment to ground truth any MSES identified.
Demonstrate how the development avoids adverse impacts on each MSES to the greatest extent
practicable.
Where the above is not reasonably possible, demonstrate how impacts on MSES have or will be
minimised and/or mitigated to the greatest extent practicable.
Demonstrate whether the development will have a Significant Residual Impact (SRI) on any
identified MSES using the Queensland Treasury’s Significant Residual Impact Guideline
(http://www.dlgrma.qld.gov.au/resources/guideline/planning/dsdip-significant-residual-impact-
guideline.pdf). An assessment will need to be undertaken for each MSES to determine whether
the proposed development will result in a SRI.
Identify any potential offset obligation as per PO16 (3) of State code 8. For further advice on
environmental offsets please visit the following website
http://www.qld.gov.au/environment/pollution/management/offsets/ or contact DES to organise a
meeting to discuss this.
Please refer to the Guideline: State Development Assessment Provisions, State code 8: Coastal
development and tidal works (https://environment.des.qld.gov.au/coastal/development/pdf/state-
code8-coastal-development-tidal-works.pdf) in responding to State code 8.
The guideline contains information on how to respond to particular PO’s and outlines specific
information requirements. It should be noted that if the PO has no relevance to the proposed
development a response of “not applicable” and a statement as to why it is not relevant is required.
For this application, the following PO’s will require a detailed response: PO2 – PO5, PO8, PO11,
PO13, PO16 and PO19- PO21.
The following tools may be helpful for a desktop analysis and assessment:
DES Environmental Reports Online
https://apps.des.qld.gov.au/report-request/environment/
DNRME Regulated Vegetation Mapping
https://www.qld.gov.au/environment/land/management/vegetation/maps/map-request
DES Map of Referable Wetlands
https://environment.des.qld.gov.au/ecosystems/wetlands/referable-wetlands-form.php
DES WetlandInfo
https://wetlandinfo.des.qld.gov.au/wetlands/
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DES Protected Plants Flora Survey Trigger Map
https://environment.des.qld.gov.au/licences-permits/plants-animals/protected-plants/map-request.php
DES Species List
https://apps.des.qld.gov.au/report-request/species-list/
Queensland Wetland Buffer Guideline
https://wetlandinfo.des.qld.gov.au/resources/static/pdf/resources/reports/buffer-guide/wetland-buffer-
guideline-14-04-13.pdf
Queensland Treasury SPP Interactive Mapping
https://planning.dsdmip.qld.gov.au/planning/spa-system/plan-making-under-spa/state-planning-
under-spa/state-planning-policy
13. Acid Sulfate Soils
It is likely that acid sulfate soils will be present at this location. An application must also consider the
risk of disturbing acid sulfate soils, as well as providing a statement about how the risk is intended to
be managed. Issues regarding acid sulfate soils should be addressed when responding to SDAP
State code 8, especially with regard to PO11.
The Queensland Acid Sulfate Soil Technical Manual outlines relevant scientific information and
guidelines for Acid Sulfate Soil Management (https://publications.qld.gov.au/dataset/acid-sulfate-soil-
management-guidelines).
14. Development Description
Any application made should include a detailed description of the proposed development and a
description of the existing site conditions of the proposed development location. In particular, the
following documentation should be provided:
Description of the land intended to be developed, including:
o the property address, tenure and real property description of the land, and
Description of the development, including:
o location of all built structures, or structures to be modified or demolished, as a result of the
proposed development
o description of any operational works occurring on site including expected timeframes;
o any machinery to be used or stored on the site
o staging of the development if applicable, and
Detailed and appropriately scaled drawings and/or plans which clearly identify the location of
proposed development, including:
o adjacent real property boundaries
o adjacent riverbanks, walls, sandbanks, structures, the limit of vegetation, and/or other
principal features of the immediate area
o relevant tidal planes (e.g. Highest Astronomical Tide (HAT), Mean High Water Springs)
o the location and setting out details for cross-sections, and
o any other information required to accurately define the area and to allow the site to be
readily identified from the plan.
All plans/drawings should include title, date and numbering suitable to identify the plan and should be
mapped to GDA94 projection.
Removal destruction or damage of marine plants
15. The proposed works are likely to involve the removal, destruction or damage of marine plants.
Marine plants include:
o any plant (a tidal plant (including marine algae) that usually grows on or adjacent to tidal
lands whether it is living, dead, standing or fallen, or
o any plant material on tidal land (up to the level of HAT).
Plants such as mangroves, mangrove fern, saltcouch or samphire species are considered marine
plants regardless of whether or not they are above or below the level of HAT.
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- Marine plants do not include:
a plant that is prohibited matter or restricted matter under the Biosecurity Act 2014,
or
a plant that is controlled biosecurity matter or regulated biosecurity matter under the
Biosecurity Act 2014.
Marine plant protection applies irrespective of the tenure (e.g. unallocated state land and all state
tenured lands, including private freehold and leasehold lands) of the land on which the plant occurs,
the time the plant has been growing at the location, or the degree of or purpose of the disturbance.
Under the Planning Regulation 2017, works involving the removal, destruction or damage of marine
plants must be undertaken in accordance with the relevant accepted development requirements
(ADR) or under a development approval (assessable development).
The proposed works will not comply with the ADR as the proposal does not constitute any of the
prescribed work types. A development approval will be required for assessable development that is
the removal, destruction or damage of marine plants.
If possible, avoiding marine plant disturbance would remove the need for an approval and potential
fees for this component of the works.
If the works require marine plant disturbance but cannot comply with the ADR, the applicant will need
to provide the following in an application for a development approval:
- Completed copy of DA form 1
- A full response to the relevant sections of State code 11 of SDAP. Particular attention should
be paid to the following POs:
All development – PO1 to PO15 and PO31
Erosion control structures and beach replenishment – PO17 to PO22
Dredging – PO23 to PO25
Temporary works – PO26 to PO28, and
- Relevant plans as per SARA’s DA Forms guide: Relevant plans, including:
the total amount of marine plants that will be disturbed, identifying portion of
permanent and/or temporary disturbance (in square meters or hectares)
the location of the marine plants to be disturbed in relation to the development works
the level of HAT, mean high water spring tide, and low water spring tide, and
location and extent of fish habitat within the development area, including creeks,
sand and/or yabby banks, drainage lines, lagoons and marshes.
Note: All plans should be able to be read to scale at A3 size.
16. PO1 to PO25 of State code 11, address critical issues relating to coastal development proposals
which create the need to remove, destroy or damage marine plants. The applicant will need to
respond to all relevant PO’s. Particular attention should be paid to the following PO’s.
PO1 - The proposal must be justified in terms of need and alternative designs or locations that avoid
or have a lesser impact on marine plants. Within an application it is recommended to provide
evidence that demonstrates the utility of the dog beach is threatened and alternative solutions have
been considered. Where an options analysis is used, provide a discussion detailing why the
proposed works are the preferred solution.
PO4 – the spatial extent of disturbance to marine plants is minimised. To meet this PO provide
evidence that demonstrates the dredging and nourishment works have been designed to minimise
the spatial extent of marine plant disturbance. Provide a marine plant disturbance plan that clearly
shows all marine plant communities in the vicinity of all aspect of the works, the extent and area of
permanent and temporary marine plant disturbance in relation to the construction footprint, and the
level of HAT.
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PO5 The timing of works avoids marine plant flowering, fish spawning and fish migration periods.
The proposed works will need to be scheduled to avoid the peak spawning and migration times
for common recreational and commercial fish species (incl. Whiting, flathead, sea mullet and
some prawn species) that are known to spawn in / migrate through, estuarine waters.
PO6 – To meet this PO provide evidence that demonstrates the impacts arising from the dredging
and nourishment works have been considered and will be managed to avoid the unnecessary loss,
degradation or fragmentation of marine plants, fish and fish habitats in the vicinity of the works.
An application should discuss buffer zones and the proximity of the declared Noosa River Fish
Habitat Area to the dredge channel; beach replenishment and sand plug design; and the
management of dredge plumes and water quality.
PO7 – Development does not increase the risk of mortality, disease or injury, or compromise the
health, productivity, marketability or suitability for human consumption of fisheries resources, having
regard to (but not limited to):
a) biotic and abiotic conditions, such as water and sediment quality
b) substances that are toxic to plants or toxic to or cumulative within fish
c) design of structures
d) impacts on reproductive success
e) effect on fish energy reserves
f) whether fish may be physically damaged, killed, trapped or stranded
g) fish passage and access to habitats generally, and
h) the impacts of pest fish and other relevant pest species.
Given the proximity of the proposed dredge extraction area to a declared FHA, management ‘A’ area,
information must be provided detailing how the proposed dredge and beach nourishment operations
will be managed to avoid impacts in relation to items 1, 2, 4 and 6 in particular (ties in with PO’s 5, 6 &
9).
PO9 – If acid sulfate soils are present within the proposed dredge footprint provide evidence that
demonstrates they will be managed according to current best practice. If necessary, discuss soil
transfer and treatment locations.
PO10 and PO11 – The proposed works will modify tidal and freshwater inundation patterns and the
natural processes of accretion and erosion. To meet these PO’s it will be necessary to provide a
performance solution that demonstrates the proposed works are:
justifiable in terms of project outcomes
the least impact option with respect to fish habitats
are designed to minimise construction and future impacts on marine plant and fish habitats, and
include a post-works monitoring plan that provides for marine plants in the vicinity of the works
demonstrate that the proposed sand extraction and beach nourishment will not result in the
transfer of severe erosive conditions to a new part of the estuary, and
demonstrate that the proposed design is sustainable i.e. will result in the least frequent
maintenance requirements of all considered options.
In accordance with PO12 the proposed works will need to be designed, sited and constructed to
ensure its long-term use and operability will not result in on-going (or new) adverse impacts or
additional development including dredging to maintain access.
Dredging and beach nourishment works should not cause or require further works to be conducted
that will have adverse ongoing or additional impacts on marine plants. An application is required to
demonstrate that the proposed works have considered and avoided / mitigated ongoing impacts to
marine plants and fish habitat post construction, e.g. Via ongoing maintenance to ensure works
achieve the required need. A post-works monitoring plan with an alert/action commitment should be
discussed here.
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PO13, PO14 and PO15 – The works have the potential to affect the community accessing fisheries
resources. To meet these PO’s, provide evidence that demonstrates that safe access to fisheries
resources will be maintained for the duration of the works.
PO17 – An application is required to provide evidence that demonstrates the dog beach is
undergoing significant erosion. Further response to this PO should discuss the value of the beach to
the community, the loss of utility, infrastructure and any safety issues arising from the proximity of
motorised vessels to beachgoers.
PO18 – Provide evidence that demonstrates the proposed beach replenishment works are on a high
energy sandy sediment shoreline and the biological communities are adapted to mobile sediments.
PO20 – Show that the proposed works preclude the need for other erosion control activities or works.
See also PO1, PO7 and PO12.
PO21 – Discuss the design of the proposed works and the duration of the replenishment cycle, see
PO12.
PO23 – The works constitute capital dredging as the works will result in a new boat channel. Provide
a discussion detailing why the current access to the river bar or public infrastructure is not suitable.
PO25 – To meet this PO show that the placement of sand will avoid adverse impacts on marine
plants.
PO26 - PO28 – If temporary works are needed, it is necessary to show that any such works:
will be in place for a specified period and as short a time as possible,
will be completely removed once they are no longer required, and
the area impacted by temporary works will be restored to at least pre-works condition.
Matters of state environmental significance (MSES) – PO31. Marine plants are a MSES under the
Environment Offsets Act 2014. All applications impacting MSES must comply with PO31, which
outlines the ‘avoid, minimise (mitigate), offset’ framework.
This framework requires in the first instance that impacts to marine plants are avoided. Where
avoidance cannot be achieved, it must be demonstrated that impacts have been carefully managed
and minimised. Notwithstanding any measures to avoid or mitigate impacts to marine plants, the
works may still result in a SRI, in which case an offset will be required. Offsets will not be considered
until it has been demonstrated that all reasonable measures to firstly avoid and/or mitigate impacts to
marine plants have been taken. Any rehabilitation of marine plants on site may help to reduce the
scale of the SRI. Options to mitigate the SRI to marine plants must be pursued before an offset can
be considered. In accordance with the Significant Residual Impact Guideline, removal, destruction or
damage to marine plants may result in a Significant Residual Impact (SRI) if the marine plants will not
return to their pre-disturbed extent and condition within 5 years of the impact (this includes impacts to
marine plants that are permanent and those that may be temporary and meet this criterion (see
Section 3.9).
Maritime Safety
17. The works will require a Marine Execution Plan and Vessel Traffic Management Plan to ensure
the safety of mariners during the period of works. This should outline what vessels are being
used, mooring arrangement, periods of work and so on.
Repair or replace of any navigational aid that are damaged due to the construction, operation or
maintenance of the approved development will be required. Any replacement or repair of aids to
navigation must be carried out at no cost to the Department of Transport and Main Roads and to the
satisfaction of the Harbour Master.
The dredging operations are to be conducted in a manner that ensures a suitable navigation channel
is open to vessel traffic at all time.
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All navigation lights, buoys, marks or signs associated with the development must be supplied,
installed and maintained in accordance with The Department of Transport and Main Roads through
Maritime Safety Queensland ’s requirements.
Any ships, plant or equipment that deploy anchors in open waters, and in and near shipping channels
must have the anchors marked with yellow buoys and fitted with FI lights.
All floating plant, equipment and pipelines shall be appropriately lit and/or marked to the satisfaction
of the Harbour Master. Any anchors deployed to be marked with yellow buoys and fitted with FI
Yellow lights.
Owner’s consent
18. An application for a development permit for MCU on premises below high-water mark and outside a
canal under the Planning Act 2016 will require owner’s consent from the Department of Natural
Resource, Mines and Energy (DNRME) to lodge a properly made application. Find out more
information including how to apply here: https://www.qld.gov.au/environment/land/state/owner-
consent.
19. Owner’s consent cannot be granted until the appropriate tenure or interest in state land that supports
the proposed development is secured by the applicant under the Land Act 1994. More information is
available at https://www.qld.gov.au/environment/land/state. Please contact the State Land Asset
Management Team Senior Land Officer Matthew Halls on [email protected] or Ph.
(07) 5352 4209 to discuss options and to begin proceedings under the Land Act 1994.
This pre-lodgement advice is valid for a period of 9 months from the date on this letter. This pre-
lodgement advice does not constitute an approval or an endorsement that SARA supports the
development proposal. Additional information may be required to allow SARA to properly assess the
development proposal when a formal application has been lodged.
For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
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