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2211-31930 SRA_Response with conditions_OPW22-0251
Attached to the e-mail OPW22/0251 - SRA application correspondence.
RA6-N SARA reference: 2211-31930 SRA Council reference: OPW22/0251 17 July 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Mark Lewis Dear Mr Lewis SARA referral agency response—172 Gympie Terrace, Noosaville (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 24 February 2023. Response Outcome: Referral agency response – with conditions Date of response: 17 July 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Operational works prescribed tidal works: revetment wall SARA role: Referral agency SARA trigger: Schedule 10, Part 17, Division 3, Table 1, Item 1 (Planning Regulation South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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Page 2
2211-31930 SRA
2017)
Development application for operational works within coastal
management district
Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation
2017)
Development application for operational works high risk maritime
development zone
Schedule 10, Part 6, Division 3, Subdivision 3, Table 1, Item 1
(Planning Regulation 2017)
Development application for operational works within area of marine
plants
SARA reference: 2211-31930 SRA
Assessment manager: Noosa Shire Council
Street address: 172 Gympie Terrace, Noosaville
Real property description: Lot 164 on CP907410
Applicant name: Pipiriki Pty Ltd
Applicant contact details: PO Box 963
Cooroy QLD 4563
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
State Assessment and Referral Agency Page 2 of 9
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2211-31930 SRA
cc Pipiriki Pty Ltd, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 3 of 9
Page 4
2211-31930 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Development Permit – Operational work
10.17.3.1.1 – Tidal works or work in a coast management district—The chief executive administering
the Planning Act 2016 nominates the Director-General of Department of Transport and Main Roads to
be the enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:
1. The revetment wall reconstruction and stabilisation of eroded backfill For duration of works
and foreshore terrace subgrade soils must be carried out generally in
accordance with the following plans:
(a) Site and general arrangement plan prepared by Long View
Consulting Engineers, dated May 2022, drawing number S010 and
revision P2 (as amended in red by SARA on 17 July 2023)
(b) General arrangement plan and details prepared by Long View
Consulting Engineers, dated Jan 2023, drawing number S020 and
revision P3
(c) Section and details prepared by Long View Consulting Engineers,
dated May 2022, drawing number S030 and revision P2.
2. Maintain the development in accordance with the plans referenced in At all times
Condition 1, and the requirements of any conditions included in this
referral agency response.
3. For the revetment wall reconstruction and stabilisation of eroded For the duration of the
backfill and foreshore terrace subgrade soils works, only use clean works
materials which are free from prescribed water contaminants.
4. Development must prevent the release of sediment to tidal waters. For the duration of the
works
5. Submit “As Constructed drawings” to [email protected] or mail Within 20 business
to: days of the completion
Department of Environment and Science of the works
Permit and License Management
GPO Box 2454
Brisbane Qld 4001
6. (a) In the event that the works cause disturbance or oxidisation of (a) Upon disturbance
acid sulfate soil, the affected soil must be treated and thereafter or oxidisation until
managed (until the affected soil has been neutralised or contained) the affect soil has
in accordance with the current Queensland Acid Sulfate Soil been neutralised or
Technical Manual: Soil management guidelines, prepared by the contained
Department of Science, Information Technology, Innovation and the
Arts, 2014.
(b) Submit certification from an appropriately qualified person on acid (b) At the time the
sulfate soil, confirming that the affected soil has been neutralised or soils have been
contained in accordance with (a) above to [email protected] neutralised or
or mail to: contained
Department of Environment and Science
State Assessment and Referral Agency Page 4 of 9
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2211-31930 SRA
Permit and License Management
GPO Box 2454
Brisbane Qld 4001
Note: Appropriately qualified person(s) means a person or persons
who has professional qualifications, training, skills and experience
relevant to soil chemistry or acid sulfate soil management and can
give authoritative assessment, advice and analysis in relation to acid
sulfate soil management using the relevant protocols, standards,
methods or literature.
7. Remove and dispose of the existing access ramp at an appropriately Within three months of
licenced facility that accepts such waste. commencement of the
demolition
10.6.3.3.1.1 – Operational work involving marine plants— The chief executive administering the
Planning Act 2016 nominates the Director-General of Department of Agriculture and Fisheries to be
the enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:
8. Development is limited to permanently remove, damage, destroy At all times
marine plants within 22.5m2 as shown in Table 1: Permanent impacts
to marine plants and Figure 2: Proposed marine plant impacts at
Catalina Jetty of the report titled Marine Plant Assessment – Catalina
Jetty, Gympie Terrace, Noosaville Retaining Wall Upgrade prepared
by Native Foresters, dated 27th April 2023 and document no 230427
(as amended in red by SARA on 17 July 2023).
9. Development is limited to temporarily remove, damage, destroy At all times
marine plants within 209.15 m2 as shown in Table 2: Temporary
impacts to marine plants and Figure 2: Proposed marine plant
impacts at Catalina Jetty of the report titled Marine Plant Assessment
– Catalina Jetty, Gympie Terrace, Noosaville Retaining Wall
Upgrade prepared by Native Foresters, dated 27th April 2023 and
document no 230427 (as amended in red by SARA on 17 July 2023).
10. The revetment reconstruction and sediment stabilisation must be At all times
carried out generally in accordance with the following plans:
(a) General Arrangement Plan and Details prepared by Long View
Consulting Engineers, dated Jan 2023, drawing number S020 and
revision P3
(b) Sections and Details prepared by Long View Consulting
Engineers, dated May 2023, drawing number S030 and revision P2.
11. Maintain the development in accordance with the plans referenced in At all times
condition 10, and the requirements of any conditions included in this
referral agency response.
12. Submit written notice to the Department of Agriculture and Fisheries (a) At least 5 business
at [email protected] advising when the development days but no greater
authorised under this referral agency response: than 20 business days
prior to the
(a) will start commencement of the
works
(b) when it has been completed.
(b) Within 15 business
Any notice must state the application’s reference number: 2211- days of the completion
31930 SRA. of the fisheries
development works
13. Spoil is not disposed of on tidal lands or within waterways and is At all times
State Assessment and Referral Agency Page 5 of 9
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2211-31930 SRA
managed to prevent acid soil development.
14. Restore the marine plants that are temporarily removed, damaged or Within 5 years of
destroyed by this development. removal, damage or
destruction of marine
plants
15. Dispose of all material associated with the development (e.g., debris, As soon as reasonably
construction material, soil, etc.) from the intertidal zone at an practicable
appropriate licensed facility.
16. Restore tidal land profiles that are temporarily disturbed by the Within 10 business
development works to pre-work profiles. days of completion of
the works and prior to
post works notification
17. Works within a waterway must be avoided during times of: For the duration of the
works
(a) elevated flows
(b) large tidal events that encroach on the temporary works area
shown in Figure 2: Proposed marine plant impacts at Catalina Jetty
of the report titled Marine Plant Assessment – Catalina Jetty, Gympie
Terrace, Noosaville Retaining Wall Upgrade prepared by Native
Foresters, dated 27th April 2023 and document no 230427 (as
amended in red by SARA on 17 July 2023).
18. This fisheries development (as defined by the Fisheries Act 1994) At all times
constitutes a place that is required to be open for inspection by an
inspector, pursuant to section 145 of the Fisheries Act 1994.
State Assessment and Referral Agency Page 6 of 9
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2211-31930 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.
State Assessment and Referral Agency Page 7 of 9
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2211-31930 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
The proposal is for a development permit for operational works below high-water mark, prescribed
tidal works: revetment wall reconstruction and stabilization of eroded backfill and foreshore terrace
subgrade soils.
The subject site is located in an area of coastal protection, high risk maritime development zone and
marine plants.
SARA assessed the development application against State code 7: Maritime Safety, State code 8:
Coastal development and tidal works and State code 11: Removal, destruction or damage of marine
plants of the SDAP, version 3.0 and determined that with conditions, the development achieves
compliance with the performance outcomes of the State codes.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 8 of 9
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2211-31930 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 9 of 9