Recommendation - Noosa Iconic Panel - 010.2009.00000982.001 [As Published] · 142009.982

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       09/161-2          -      “O” Boats Proposed Extensions        John Norden &      October 2009
                                No.222 Gympie Terrace                Associates
                                Noosaville

2.    All structures associated with the use (jetty and pontoons) must be constructed wholly within
      the lease area as shown on CP908649.
3.    The jetty and pontoons shall be licensed with the Council upon completion of the structural
      work and shall be licensed annually thereafter.
4.    To ensure the safety of persons accessing the approved works and to prevent environmental
      harm, a safety audit of the on-site fuel storage tanks, bowsers and associate pipework, valves,
      vents and systems shall be conducted by a suitably qualified professional and submitted to
      Council for approval. The audit shall demonstrate that the fuel systems are in a safe and
      serviceable condition or, where necessary, identify repair and rectification requirements to
      meet the relevant Australian Standards and industry best practice environmental
      management. Any repair works must be completed, with certification submitted by the auditor
      to Council, prior to the use of the new works (pontoon/jetty extensions).
5.    Structures shall designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall or rock wall.
6.    No posts or vertical supports of the proposed structures are to extend vertically above the height
      of the existing piles.
7.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
      elevating a vessel above the water without Council approval.
8.    The jetty shall be constructed in a manner to render the underside area vermin proof.
9.    The connection point for any electrical reticulation system extending beyond the revetment
      wall must be located above the Q100 flood level.
10.   Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
11.   Boat repair activities will not be permitted on site.
12.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13.   The mooring facility shall not be utilised for live-aboard purposes.
14.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
15.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. The granting of
      the approval does not warrant that the plans and specifications have been checked in detail,
      nor does it absolve the owner of the land from complying with all the conditions of this
      approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
      statutory regulations in the execution and/or performance of the works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
16.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the works have been constructed in accordance with best practice methods, are in accordance
      with Coastal Protection and Management Act 1995, are structurally sound and will have no
      detrimental affect on the river bed or river bank.



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17.     A final inspection and approval of the structure by Council’s Inspector is required prior to the
        return of any bond monies held by Council. Please contact Council’s Planning Assessment
        Section to arrange the inspection.
18.     The Development Permit for Operational Works lapses if the works have not been completed
        by 5 February 2012, unless an application to extend the currency is approved by Council.

5       REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger           Referral Status   Referral Agency              Referral Address

 Tidal Work that is         Concurrence       Qld Transport (Maritime      MacArthur Avenue East
 prescribed tidal work                        Safety)                      PINKENBA QLD 4008

 Tidal Work that is         Concurrence       Department of                EcoAccess
 prescribed tidal work                        Environment & Resource       GPO Box 15155
                                              Management                   CITY EAST QLD 4002

A copy of any referral agency conditions is attached.

6       APPROVED PLANS/DOCUMENTS

The plans and / or documents recommended for approval are listed in the following table:
 Plan / Document No.        Rev.    Plan / Document Name                       Date
                                                                               October 2009
 09/161-1                     -     “O” Boats Proposed Extensions No.222
                                    Gympie Terrace Noosaville - John
                                    Norden & Associates
                                                                               October 2009
 09/161-2                     -     “O” Boats Proposed Extensions No.222
                                    Gympie Terrace Noosaville - John
                                    Norden & Associates

7       ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the Integrated
   Planning Act must be made. Amended plans clearly indicating the changes must be lodged with
   this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
   Local Law No. 12, prevents a builder or building contractor carrying out building work on a
   building site in a way that makes or causes audible noise to be made from the building work:-
      1.0. On a Sunday or public holiday, at any time; or
      2.0. On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.




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3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the
   cost of operational works exceeds $80,000, then a portable long service leave levy is required to
   be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
   form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
   that confirms that the requirements of the Act have been satisfied. A statutory declaration
   outlining the cost of the operational works must be submitted to Council prior to commencement
   of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
0     PROPERTY NOTES

Not applicable

0     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

0     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Not applicable

0     SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

0     SUBMISSIONS
Not applicable

0     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

0     OTHER DETAILS

A copy of all supporting and common material for the application, including Council’s planning
assessment report is available on PD Online at:
http://rrif.noosa.qld.gov.au/masterviewpublic/modules/applicationmaster/default.aspx?page=wrapper
&key=014.2009.00000982.001


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If you have any questions, please do not hesitate to contact me on 5449 5179.

Yours faithfully,




Denis Wallace
Senior Development Planner




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Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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j Referral Agency Conditions
S U NS h | N € Coast INTEGRATED rane vy 1997 & 1998 REGULATION
Regional Council

 

Queensland
Government
30 November 2009 eee
River Ente Pry Lid Queensland Transport
222 Gympie Terrace

Noosaville Qld 4556

Dear Sir

Tidal Works — Request for comments — Extensions to Commercial Jetty, 222 Gympie Terrace
Noosaville. Application Number 2009/982.

Thank you for your emails of 18 and 19 November 2009 about your application to extend the jetty at
the location mentioned above.

As a concurrence agency under the Integrated Planning Act 1997 and Coastal Protection
Management Act 1995, Maritime Safety Queensland has no objection to the proposal provided the
following navigation and marine safety conditions are addressed.

1.

The construction must comply with Andrew McKellar Design, Drawing 02.00709.1.1A, attached
to your email dated 18 November 2009,

No part of the structure or any ship berthed at this structure is to extend beyond the boundaries of
the lease area as shown on the submitted water allocation plan 02 00709.1 1A

You, or your agent, must advise the Harbour Master, in writing, of the commencement date,
proposed timetable, and contractor contact details at least two weeks before commencing
construction.

You, or your agent, must issue any notices the Harbour Master requires

You, or your agent, must advise the Harbour Master, in writing, when you have completed
construction,

You or your agent must supply, install and maintain any navigation lights, buoys, marks or signs
the Harbour Master considers necessary. Any lights, buoys, marks and signs must accord with
Maritime Safety Queensland's requirements.

Mamime Safety Queensiand Ourref 7 10101645(3) P34868 EIS086 FIG
Marine Opsrabons (Brabene) Your ref

MacArtwr Avenue East Enquines Glenn Hale

Pinkenba Queensiand 4008 Telephone +61 7 3860 3665

Faceimie +61 7 3860 2671

‘ABN 43 200 330 620 Website waw meq qld gov au

Email glen n hale@maq qd gov au

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7. You must adequately light the structure. The contractor must position all lighting so it does not
cause a risk to the safe navigation of other vessels, Any freestanding piles must have retro-
reflective tape fitted.

8. You, or your agent, must remove any obstructions and debris encountered during construction,
and dispose of them, as the Harbour Master requires.

9, Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marme Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.

10. The contractor must complete construction within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.

The above conditions must be included in your application to the assessment manager

Yours sincerely

Z2Zz.

Gf « Captain Richard C Johnson
Regional Harbour Master (Brisbane)

Martime Satoty Quoensiand Page 2 0f2

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ecoaccess scx comesrnem

vineniat hearers ard ©

   

$0032451

Concurrence Agency Response

This notice 1s issued by the DERM pursuant fo sechons 3 3 16 and 3 3 18 of the Integrated Planning Act 1997 to advise
of @ decision or achon

The Chief Executive Officer cc Noosa River Enterprises Pty Ltd
Sunshine Coast Regional Council 222 Gympye Terrace

Locked Bag 72 NOOSAVILLE QLD 4566
Sunshine Coast Mail Centre QLD 4560 Attention Rod Baker

Your reference 2009/982
Our reference IPCC01683209,
MCY2217

Attention Denis Wallace

 

Dear Sir or Madam

Re: Referral for Concurrence Agency Response

The Department of Environment and Resource Management (DERM) wishes to advise that the referral for a
concurrence agency response, recerved on 16 November 2009, has been assessed, and the response to
the application is detailed below

1. Property/Location:

Street address - 222 Gympie Terrace, NOOSAVILLE
LovPian - Lot 160 on CP908649
Waterway - Noosa River

2. Details of the recommendation

Aspect of development
- Concurrence response for operatonal work
~ Tidal work that 1s prescribed tidal work

Recommendaton
~ Granted in full wath conditions

DERM Reference Number
- 1PCC01683209

3. Currency period
This approval will lapse unless substantially started vathin the currency period/s set by the Assessment
Manager or the standard currency penods stated in section 3 5 21 of the Integrated Planning Act 1997
applying to each aspect of development in thes response

cao Queensland Government
“Depertmert of Envronment 8 Resource Management
Department of Environment & Resource Managemert

wwe deem ald gov au ABN 46 640 294 485

 

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ecoaccess

erence iS lrervos art partrals

4. The approved plan(s)

The approved plan(s) and/or document(s) for thrs response

 

Plan/Document No. | Plan/Document Name

 

02 00709 1 1A Site Plan

 

 

 

July 09

 

 

5. Codes for self-assessable development

Any self-assessable development for an environmentally relevant activity conducted in congunction with
this response, must comply with the relevant code of environmental compliance

6. Assessment Manager Responsibilities

Please note that it is a requirement under Sections 3 5 15 and 3 5 17 of the Integrated Planning Act
1997 that a copy of the final Decision Notice (which includes DERM’s concurrence response) for this
application issued by the Sunshine Coast Regsonal Council, be forwarded to each referral agency

 

In addition, the State's Native Title Work Procedures indicate that responsibility for assessment of native
title issues for an IDAS application rest with the Assessment Manager Therefore wn this instance,
DERM has not provided a notification to native title partes

If you require more informabon, please contact Leome Crane, the Project Manager, on the telephone

number ksted below

Yours sincerely

Ben Sale

Delegate
Department of Environment and Resource
Management

Date: Oye (Ht.

Enquiries:

DERM South East Region

PO Box 168, Cotton Tree
MAROOCHYDORE QLD 4658
Phone (07) 5459 6135

Fax

(07) 5443 9927

 

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Department of Environment and Resource Management

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Concurrence Agency Response
Section 3.3.16 and 3.3.18 of the Integrated Planning Act 1997

 

 

 

 

 

 

 

 

DERM Permit number: 1PCC01683209

Assessment Manager 2009/9882

reference:

Date application 16 November 2009

received by DERM:

Permit Type Concurrence response for operational works

Relevant Laws and Coastal Protection and Management Act 1995 and any subordinate
Policies: legisiation

Jurisdiction: Item 12 of Table 2 of Schedule 2 of the Integrated Planning Regulation 1998

 

 

This response attaches to the land described below

Descri

   

River Ltd
1 CP908649

River
of to a commercial in Noosa River for the of vessels

Reasons for inclusion of development conditions
In accordance with section 3 3 18(7) of the integrated Planning Act 1997 and section 278 of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are

The Department of Environment and Resource Management (DERM) is a concurrence agency under the
Integrated Planning Regulabon 1998 for coastal management under the Coastal Protection and Management
Act 1995, excluding amenity or aesthetic significance or value

Additional information for applicants

Other approvals
This concurrence response pursuant to Section 104 of the Coastal Protection and Management Act 1995 does

not remove the need to obtain any further approval for this development which may be required pursuant to this
or other legislation, both State and Commonwealth Applicants are advised to check with all relevant statutory
authorities for such approvals as may be required

Contammated Land

ites a requirement of the Envwonmental Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 3 of the Environmental Protection Act 1994) is being carned out on
the land or that the land has been affected by a hazardous contaminant, they must, within 22 days after
becoming so aware, grve notice to the DERM

 

ee Queensland Government

Department of Enwronment & Resource Management Department of Envrorenent & Resource Management

swwew deem gid gow au ABN 46 640 24 435

 

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Concurrence agency response

DERM Permit number: IPCC01683209

CONDITIONS OF APPROVAL

General
1 All works are to be constructed in accordance with the approved drawings and the specifications as detailed
on these drawings

2. If acid sulphate sols are found to be present through testing of areas subyect to excavation in accordance
with the requirements of State Planning Policy 2/02, then the works must be managed to prevent acd
sulphate soi development as outlined in the current version of the Queensland Acid Sulphate Sods
Technical Manual Soil Management Guidelines

3 The disturbance to the bed and banks of the waterway 1s to be kept to a minimum
4 Ifas a result of any works, any bank 1s displaced the perntit holder shall restore the bank to tts original

 

5 All construcbon works on the jetty are to occur during times which would minimise sediment and
contammmant dispersal

6 All excavated matenal shall be transported to an appropnate location outside of the Coastal Management
Distnet

7 Any material or any debris that falls or 1s deposited outside of the alignment of the works shown on the
approved plans must be removed within 48 hours following placement of the matenal

8 All temporary works associated with the construction of the works are to be removed from the site at the
completion of the works

9 All wastes shall be collected and disposed of at an appropnate lawful facility

Water Quality
10 Construction of the works are to be carned out only by means of surtable plant and equipment and
measures are to be taken to limit turbedity in tidal waters as a result of the construction

11 All reasonable and practicable measures must be taken to prevent pollution of the waterway as a result of
silt run-off, oil and grease spills from machinery, concrete truck washout and alike Wastewater from
cleaning equipment must not be discharged chrectly or in-directly to any watercourses

12 If there are any signs of sediment loss, a filter fence or other erosion device to contain sediment
contaminated water and prevent contaminabon of tidal waters, is to be installed and maintained until
completion of the works

Stormwater

13 Stormwater drainage systems are to be constructed to include quality improvement devices (sediment
removal, gross pollutant traps) to ensure that stormwater can be effectvely managed and discharged
without causing adverse impact on the wetlands adjoining the subject land

Compistion

14 Within ten (10) days following completion of the works, notify the DERM so that an inspection can be
undertaken to ensure that disturbed areas have been reinstated, are clear of all debns and significant
sedimentation has not occurred outside of the construction footprint

 

 

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Concurrence agency response

DERM Permit number: IPCC01683209

Demolition

15 All demolition matenals that are to be removed shall be transported to an appropnate location outside of the
Coastal Management Drstnct or other approved location

GGL

Ben Sale
Delegate
Department of Environment and Resource Management

ae Oy [624

 

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Concurrence agency response
DERM Permit number: IPCC01683209

DEFINITIONS

Words and phrases used throughout ths permit’ are defined below ‘Where a definition for a term used in this permet! is sought and the term
1S not defined wathun this permet the definibons prowded in the relevant legislabon shail be used

“administering authonty” means the DERM or mts successor

I" means Nobee of pene n oF ‘noboe of under the infagrated Planning

 

 

“approval
Act 1997

“approved plans” means the plans and documents isted m the approved plans secon m the notice attached to tus concurrence
response
“artfhcral waterway” meane an arbficial channel, lake or other body of water Artifical waterway includes —
* an artifical channel that 1 formed because the land has been reclaimed from bdal water and 1s intended to allow boahng access
to allotments on subdivided land,
* — other artifical channels sutyact to the eb and fow of the nde, and
* any addtons of attersbons to an artificial waterway

“canal™ means an artical waterway surrendered to the State A canals an artficial waterway connected, of intended to be connected, to
(dal water, and from which boating access to the bdal water es not hindered by a lock, wer or similar structure

 

“coastal dune” means a ndge or hillock of sand or other matenal on the coast and bull up by the wind
“commercial place” means 3 place used as an office or for business or commercial purposes:

“dredge spod™ means matenal taken fram the bed or banks of waters by using dredging equipment or other equipment designed for use in
extracton of earthen matenal

“dwelling” means any of the following structures or vehicles that & pnnapally used a a residence —
* a house, unit, motel, nursing home or other buticing or part of a buriding,
* a caravan, mobile home or other vehicle or structure on kand,
* a water cram a manna

“Department of Environment and Resource Management (DERM)” means the department or agency (whatever called) admenstenng
the Coastal Protectan and Management Act 1995 of the Enwronmental Protechon Act 1994

“erosion prone area” means an area declared to De an erosion prone area under secton 70(1) of the Coastal Profecton and Management
Act 1995

“high water mark" means Me ordmary high water mark at spnng bdes:
“land” in the “land schedule” of thes document means land excluding waters and the atmosphere
ons of equivalentisméar as required by legistation

 

“permet” licences, apy cer
edmurestered by the DERM and the Queensland Parks and Whidiife
“ponded pasture” means a permanent or penodc pondage of water wn which the dominant plant speces are pasture species used for
gramng oF harvesting
“protected area” means —

* a protected area under the Nature Conservation Act 1992, or

* amanne park under the Marne Parks Act 1992, or

* a World Hentage Area.
“quarry material” means matenal on State coastal land, other than a mineral within the meaning of any Act relating to mining Matenal
includes for example stone, gravel, sand, rock, clay, mud, sit and soll, unless # ss removed from a cuivert, stormwater drain or other
dranage infrastructure as waste maternal

“site means land or bdal weters on or in which @ 1s proposed to carry out the development approved under this development approval

 

 

“watercourse” means a river, creek or stream mn wench waler flows parmanenty or intermittently-
* mm anatural chamel, whether artificially improved or not, or
* man artfaal channel that has changed the course of the watercourse

“waters” includes nver, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water nabural or artical
watercourse, bed and bank of any waters, dams, non-bdal or bdal waters (inclucing the sea), stormwater channel, stormwater drain,
roadside gutter, stormwater run-off, and groundwater and ary part-thereof

“waterway” includes a nver, creek, stream, watercourse or inet of the sea
“works” or “operation” means the development approved under tvs Gevelopment approval
“you” means the holder of this development approval or owner / occupier of the land wich es the subject of tus development approval

END OF CONDITIONS

 

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