Davis Rd Cootharaba DA Planning Report

6       CURRENT PLANNING CONTROLS

6.1     Commonwealth Legislation – The Telecommunications Act
The Telecommunications Act 1997 has been operative since 1 July 1997. This legislation
establishes the criteria for ‘low impact’ telecommunication facilities. If a proposed facility satisfies
the requirements of a ‘low impact’ facility, the development is exempt from the planning approval
process.

Further clarification of the term ‘low impact’ is provided in the Telecommunications Act 1997 and
the Telecommunications (Low Impact Facilities) Determination 1997, which was gazetted
subsequent to the Act. The Telecommunications (Low Impact Facilities) Determination 1997
establishes certain facilities, which cannot be considered low impact facilities.

The proposed facility is not considered to be low impact under the definitions contained in the
Commonwealth legislation as it involves the construction of a new tower. Therefore, it is subject
to the Sustainable Planning Act 2009 and requires a development approval under the provisions of
the Sunshine Coast Planning Scheme 2014.


6.2     State Legislation – Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the SPA) is the legislation that governs planning in
Queensland. The SPA seeks to achieve ecologically sustainable outcomes for development within
Queensland by coordinating and integrating planning mechanisms at local, regional and state
levels, managing the effects of development on the environment, and managing the process by
which development takes place.

Where a telecommunications facility is not considered a low-impact facility, it is subject to the
provisions of the relevant local government planning provisions. As the proposal involves the
installation of a new Telecommunication Facility and is not a ‘low-impact’ facility; the provisions of
the Planning Scheme apply.

This development report has been compiled to accompany an Impact Assessable application to
Noosa Shire Council under the provisions of The Noosa Plan 2009. The development proposal is
assessed against the provisions of the Planning Scheme in Section 7.0 below.


6.2.1 Referral Agencies

A referral agency is an agency that has jurisdiction over a matter in a Development Application if
referral to that agency is triggered under Schedule 7 of the Sustainable Planning Regulation 2009
(SP Reg).

The State Assessment and Referral Agency (SARA) established on 1 July 2013, made the
Department of State Development, Infrastructure and Planning (DSDIP) the single referral agency


NBN-4BBZ-4GYM-5125 – David Cootharaba                                               Page 24