2016-12-12 General Committee - Attachments 1, 2, 3 to Item 10 - Oyster Restoration Project

                                               CONDITIONS


1     The resource allocation authority for the prescribed development purpose restoring fish habitat
      or natural processes must be held and current for works to be carried out under a development
      permit issued under the Sustainable Planning Act 2009.
2     The authority holder must ensure all relevant approvals are held prior to the commencement of
      development or activities requiring approval.
3     The authority holder must lodge a valid application for a Development Approval for the
      nominated works within this approved allocated area within twelve (12) months of the issue
      date of this Resource Allocation Authority or this Authority will lapse.
4     Works are only authorised if the holder provides written notice to [email protected]
      of the commencement of works at least five (5) business days but no more than twenty (20)
      business days PRIOR to the commencement of those works. Any works commenced without
      prior notification are deemed not to be authorised.
5     The oyster reef units as detailed in Attachment 1 can only be placed within the boundaries of
      the approved area detailed in Attachment 1.
6     This authority is issued for necessary disturbances within the approved area only, and the
      works and any activities involved must be performed in such a manner as to not cause direct or
      indirect disturbance or damage to adjacent tidal land, fish habitats, marine plants or
      unnecessary disturbance within the approved area.
7     The approved areas must be marked as determined by the Regional Harbour Master
      (Queensland Transport). All devices used for marking of the approved area shall be inspected
      by the holder at regular intervals, as determined by the Regional Harbour Master, and any
      repairs or maintenance required is to be carried out promptly to ensure all equipment is
      maintained in good order and condition at all times.
8     At least one (1) dual facing sign must be displayed in each of the 15 restoration sites detailed
      in Attachment 1, in positions that enable the highest level of public visibility by vessel (and/or
      foot and/or vehicle where applicable). The signs must be maintained for the life of this
      Resource Allocation Authority. Each sign must clearly state in text at least 60mm high ‘Trial
      Oyster Reef Restoration Area. This area is part of the Noosa River declared Fish Habitat Area.
      Fishing is permitted’ and also state ‘To provide comments on this trial please contact Noosa
      Shire Council on’ <insert multiple contact methods including phone number and email address
      > ‘and reference 2016CA0575’.
9     The authority holder must provide a monitoring report to the Department of Agriculture and
      Fisheries (DAF) via [email protected] in 12 monthly intervals following the installation
      of the oyster reef units. The monitoring report must detail how the trial is meeting the
      performance objectives outlined in Table 2. Monitoring Schedule of Attachment 2. Each
      response to the performance outcomes must be sufficiently detailed to allow an evaluation by
      the Chief Executive or delegate to take place against the ongoing progress of the project and
      the viability of the oyster reef units to function as self-sustaining fish habitats on completion of
      the restoration trail period.
10    The entity or entities conducting works under this authority must indemnify the State acting
      through DAF including agents of the State) from and against any loss, damage or expense
      arising from any claim, demand, action, suit or proceeding that may be made or brought by any
      persons against the State in respect of:
            (i) the death of or injury to any persons; and
            (ii) the loss of or damage to any property where such death, injury, loss or damage arises
                 out of or in connection with the Noosa Shire Council’s works or activity within the
                 approved area managed by DAF and is caused by the negligent act or omission of the
                 Noosa Shire Council or an employee, member, agent, invitee or client of the Noosa
                 Shire Council.

                                                                                      ……………………………………

                                                                                        Delegate of the
                                                                                        Chief Executive

Department of Agriculture and Fisheries                                                           Page 2 of 5