Davis Rd Cootharaba DA Planning Report

6.4     State Legislation – Nature Conservation Act 1992
The Nature Conservation Act 1992 (NC Act) provides for the conservation and management of
nature through two mechanisms:

 •    the declaration and management of protected areas; and
 •    the protection of native wildlife that is not found within a protected area.
The NC Act provides for orders to conserve, protect or manage wildlife, habitat or areas subject to
a threatening process likely to have a significant detrimental effect.

Part 3 of the Nature Conservation (Wildlife Management) Regulation 2006 outlines exemptions
which apply to the clearing of protected plants. The clearing of ‘least concern’ species are exempt
under the NC Act. However, the clearing of Endangered, Vulnerable or Near Threatened (EVNT)
species will require a clearing permit. Areas identified at ‘high risk’ of containing EVNT species
require a pre-clearing flora survey prior to confirming requirements under the NC Act (as per
Section 265 of the Nature Conservation (Wildlife Management) Regulation 2006).

The site is identified within the DEHP flora survey trigger mapping as being within a ‘high risk’
area. Consequently, a protected plant flora survey was undertaken on 23 March 2015 by Aurecon
in accordance with the Flora Survey Guidelines – Protected Plants. No EVNT species were
observed within the clearing impact area during the flora field inspection.

As there were no EVNT plant species identified in the clearing impact area, a clearing permit is not
required under the NC Reg (Section 261ZA). However, as the clearing impact area is within a ‘High
risk area’ on the Flora Survey Trigger Map this flora survey report has been provided to DEHP in
order to gain an exemption under section 261ZA of the NC Reg.

A fauna survey was also undertaken at the same time as the flora survey and no EVNT fauna
species were present in the clearing impact area.

The findings of the flora and fauna survey are attached as Appendix 4. The exempt clearing permit
obtained from DEHP is also attached as Appendix 4.


6.5     Local Government Regulatory Framework
6.5.1 Planning Scheme Use Definition

The proposed development is defined within The Noosa Plan 2009 2009 as follows:
•      Primary Use: ‘Infrastructure Uses’
•      Use Class: ‘Service and utility’
•      Use: ‘Type 3 Tower’

Type 3 Tower is defined as: ‘The use of premises for a tower, antennas or mast and supporting
shelter or equipment, in the provision or supply of electricity or telecommunications. The use



NBN-4BBZ-4GYM-5125 – David Cootharaba                                                Page 29