23117 DA COMPILED Decision Notice [As Published] · 132002.220609.3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          5


         Environmental Covenant

17.      An environmental covenant as defined by Part 6, Division 4a of the Land Title Act 1994, shall be
         registered in favour of Council on the title of proposed Lot 7 having an area described by metes and
         bounds on Drawing No. 881128/E M & B dated 30/06/04, described as Private Open Space Conservation
         & Waterway Protection area.

18.      The environmental covenant shall cater for the requirements of the conditions of approval by protecting
         vegetation described as the ‘Retained and Enhanced Vegetation’ as shown on the Vegetation Clearing
         Plan dated 23 July 2004.
         Private Open Space for Conservation & Waterways Protection

19.      The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’ area on
         Drawing No. 881128/E M & B and dated 30/06/04 shall be:

         19.1. Managed to protect and reinforce its environmental values, particularly its Koala habitat and
               corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and water quality
               protection function.

         19.2. Managed and maintained in accordance with the approved Environmental Management Plan,
               Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.

         19.3. Separated from adjacent development by a 1.2 m high fence. The fence shall be ‘fauna-friendly’
               but shall deter unauthorized people from entering the area. A suitably located lockable gate may
               be provided to allow appropriate access by authorised personnel subject to the reasonable
               satisfaction of the Manager – Land Use.

         19.4. Have signs placed on the fence to inform people that the ‘Private Open Space for Conservation &
               Waterways Protection’ area is for conservation and waterway protection purposes and access is
               prohibited.

         19.5. Maintained by authorized people only permitted in this area as appointed by the owner responsible
               for the management and protection of the ‘Private Open Space for Conservation & Waterways
               Protection’.

         19.6. Protected from infrastructure, tracks, drainage, water control devices, etc. or other development.

         19.7. Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or
               otherwise adversely affected without written approval from Council’s Manager – Environmental
               Services.

         19.8. The ‘Private Open Space for Conservation & Waterways Protection’ area shall be restored and
               managed in accordance with the Ecological Restoration Plan.
         Vegetation Removal, Disposal and Protection in the Development Area

20.      Vegetation protection, removal and disposal within the development area shall be undertaken in general
         accordance with the Fauna Management Plan by James Warren & Associates (dated May 2003) and the
         Vegetation Management Plan by Greening Australia (dated May 2003).

21.      Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to
         avoid damaging surrounding vegetation, trees and habitat.

22.      Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If
         wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.

23.      All cleared vegetation shall be suitably processed or removed from the site by a method approved by
         Council.

24.      Environmental weed species cleared from the site shall not be mulched. Vegetation material from
         environmental weed species shall be removed from the site and disposed of in a Council approved refuse
         tip.




SEP o:\database\onestop\decision.doc