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09/0982 - Concurrence Agency Response - DERM [As Published] · 142009.982

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                                                                                SCRC CORRESPONDENCE
                           Concurrence Agency Response

This notice is issued by the DERM pursuant to sections 3 3 16 and 3 3 18 of the Integrated Planning Act 1997 to advise
of a decision or action

The Chief Executive Officer                                   CC       Noosa River Enterprises Pty Ltd
Sunshine Coast Regional Council                                        222 Gympie Terrace
Locked Bag 72                                                          NOOSAVILLE QLD 4566
Sunshine Coast Mail Centre QLD 4560                                    Attention Rod Baker




                                                                        Your reference 2009/982
                                                                        Our reference IPCCO1683209,
                                                                        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, received 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
      Lot/Plan -         Lot 160 on CP908649
      Waterway -         Noosa River

2.    Details of the recommendation

      Aspect of development
      - Concurrence response for operational work
      - Tidal work that is prescribed tidal work

      Recommendation
      - Granted in full with conditions

      DERM Reference Number
      - IPOCO1683209
3.    Currency period
      This approval will lapse unless substantially started within the currency period/s set by the Assessment
      Manager or the standard currency periods stated in section 3 5 21 of the Integrated Planning Act 1997
      applying to each aspect of development in this response
Page 1 of 2
                                                                          Queensland Government
                                                                          Department of Environment & Resource Management
Department of Environment & Resource Management

www Berm old aov au       ABN 46 640 294 485
Full text of the other 7 pages

Page 2

4.   The approved plan(s)
     The approved plan(s) and/or document(s) for this response
        Plan/Document No.      Plan/Document Name                                            Date
        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 conjunction 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 Regional 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 in this instance,
     DERM has not provided a notification to native title parties


If you require more information, please contact Leonie Crane, the Project Manager, on the telephone
number listed below

Yours sincerely




Ben Sale                                                     Enquiries:
Delegate                                                     DERM South East Region
Department of Environment and Resource                       PO Box 168, Cotton Tree
Management                                                   MAROOCHYDORE QLD 4558
                                                             Phone {07) 5459 6135
Date:     ("   ,^C                                           Fax      (07) 5443 9927
                     Z l




Page 2 of 2                                                        Department of Environment and Resource Management

Page 3

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




DERM Permit number:              IPCCO1683209
Assessment Manager               2009/982
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:                        legislation
Jurisdiction-                    Item 12 of Table 2 of Schedule 2 of the Integrated Planning Regulation 1998

This response attaches to the land described below


Development Description
Applicant                      Noosa River Enterprises Pty Ltd
Lot/Plan                       Lot 160 on CP908649
Waterway                       Noosa River
Details of development         Extension to a commercial jetty in Noosa River for the mooring of vessels

Reasons for inclusion of development conditions
In accordance with section 3 3 18(7) of the Integrated Planning Act 1997 and section 27B 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 Regulation 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

Contaminated Land
It is a requirement of the Environmental 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 carried out on
the land or that the land has been affected by a hazardous contaminant, they must, within 22 days after
becoming so aware, give notice to the DERM




Page 1 of 4
                                                                      Queensland Government
                                                                      Department of Environment & Resource Management
Department of Environment & Resource Management
www Berm old gov au       ABN 46 640 294 485

Page 4

                                                                               Concurrence agency response


                                                            DERM Permit number: IPCCO1683209


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 soils are found to be present through testing of areas subject to excavation in accordance
    with the requirements of State Planning Policy 2/02, then the works must be managed to prevent acid
    sulphate soil development as outlined in the current version of the Queensland Acid Sulphate Soils
    Technical Manual Soil Management Guidelines
3   The disturbance to the bed and banks of the waterway is to be kept to a minimum
4 If as a result of any works, any bank is displaced the permit bolder shall restore the bank to its original
     cal3difian and fake such other action as is necessary   ensure the stability of the bank to the satisfaction of
     the chief executive


Construction
5   All construction works on the jetty are to occur during times which would minimise sediment and
    contaminant dispersal
6   All excavated material shall be transported to an appropriate location outside of the Coastal Management
    District
7   Any material or any debris that falls or is deposited outside of the alignment of the works shown on the
    approved plans must be removed within 48 hours following placement of the material
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 appropriate lawful facility


Water Quality
10 Construction of the works are to be carried out only by means of suitable plant and equipment and
    measures are to be taken to limit turbidity 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-directly 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 contamination 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 effectively managed and discharged
    without causing adverse impact on the wetlands adjoining the subject land


Completion
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 debris and significant
   sedimentation has not occurred outside of the construction footprint



Page 2 of 4                                                        Department of Environment and Resource Management

Page 5

                                                                             Concurrence agency response


                                                          DERM Permit number: I POO01683209


Demolition
15 All demolition materials that are to be removed shall be transported to an appropriate location outside of the
   Coastal Management District or other approved location




Ben Sale
Delegate
Department of Environment and Resource Management

Date:
         s, ((2 (M




Page 3 of 4                                                     Department of Environment and Resource Management

Page 6

                                                                                                  Concurrence agency response


                                                                           DERM Permit number: IPCCO1683209

DEFINITIONS
Words and phrases used throughout this permit' are defined below Where a definition for a term used in this permit' is sought and the term
is not defined within this permit the definitions provided in the relevant legislation shall be used

"administering authority" means the DERM or its successor
"approval" means'notice of development application decision' or 'notice of concurrence agency response' under the Integrated Planning
Act 1997
"approved plans" means the plans and documents listed in the approved plans section in the notice attached to this concurrence
response
"artificial waterway" means an artificial channel, lake or other body of water Artificial waterway includes -
      n     an artificial channel that is formed because the land has been reclaimed from tidal water and is intended to allow boating access
            to allotments on subdivided land,
      •     other artificial channels subject to the ebb and flow of the tide, and
      n     any additions or alterations to an artificial waterway
"canal" means an artificial waterway surrendered to the State A canal is an artificial waterway connected, or intended to be connected, to
tidal water, and from which boating access to the tidal water is not hindered by a lock, weir or similar structure
"coastal dune" means a ridge or hillock of sand or other material on the coast and built up by the wind
"commercial place" means a place used as an office or for business or commercial purposes
"dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other equipment designed for use in
extraction of earthen material
"dwelling" means any of the following structures or vehicles that is principally used as a residence -
    •    a house, unit, motel, nursing home or other building or part of a building,
    •    a caravan, mobile home or other vehicle or structure on land,
    n    a water craft in a manna
"Department of Environment and Resource Management (DERM)" means the department or agency (whatever called) administering
the Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994
"erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal Protection and Management
Act 1995
"high water mark" means the ordinary high water mark at spring tides
"land" in the "land schedule" of this document means land excluding waters and the atmosphere
"permit" includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the DERM and the Queensland Parks and Wildlife
"ponded pasture" means a permanent or periodic pondage of water in which the dominant plant species are pasture species used for
grazing or harvesting
"protected area" means -
     n    a protected area under the Nature Conservation Act 1992, or
     n    a marine park under the Marine Parks Act 1992, or
     n    a World Heritage Area
"quarry material" means material on State coastal land, other than a mineral within the meaning of any Act relating to mining Material
includes for example stone, gravel, sand, rock, clay, mud, silt and soil, unless it is removed from a culvert, stormwater drain or other
drainage infrastructure as waste material
"site" means land or tidal waters on or in which it is proposed to carry out the development approved under this development approval

"f^dal water" moans tha saa anri anv Hart of a harbour or watercourse ordmanly within the ebb and flow of the tide at sonna tides.

"watercourse" means a river, creek or stream in which water flows permanently or intermittently-
         in a natural channel, whether artificially improved or not, or
    n    in an artificial channel that has changed the course of the watercourse
"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial
watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain,
roadside gutter, stormwater run-off, and groundwater and any part-thereof
"waterway" includes a river, creek, stream, watercourse or inlet of the sea
"works" or "operation" means the development approved under this development approval
"you" means the holder of this development approval or owner / occupier of the land which is the subject of this development approval


                                                            END OF CONDITIONS




Page 4 of 4                                                                        Department of Environment and Resource Management

Page 7

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                Queensland Government                           Paid
                                                             Australia

Registered Post     AUSTRALIA

Prepaid Label     4) POST
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Page 8

Department of Environment
and Resource Management
  PO Box 168, Cotton Tree
 Queensland 4558 Australia
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                             V

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