Appendix A_2008-18430 SPL - Pre-lodgement advice (1)

                                                                                                 2008-18430 SPL



        -    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.



 State Assessment and Referral Agency                                                              Page 7 of 10