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Attachment_A-P-EA-100375359_(MCU__OPW_and_EA_Combined)
Officer: Mark Lewis
Direct Telephone: 07 5329 6290
Our Reference: MCU22/0203 & OPW22/0304
Your Reference: L.A10342.003.01
5 April 2023
Noosa Council
C/- BMT Commercial Australia Pty Ltd
PO Box 23
BRISBANE QLD 4000
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 5 March 2023, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0203 & OPW22/0304
Street address: Claude Batten Drive
Real property description: Lot 114 MCH 839107
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use – ERA 16 (1)(c) dredging
• Operational Works – Prescribed Tidal Works
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
NOOSA COUNCIL PO Box 141
TEWANTIN QLD 4565
P.(07)5329 6500
F.(07)5329 6501
[email protected]
www.noosa.qld.gov.au
ABN: 97 969 214 121
Document Set ID: 22365982
Page 1 of 31
Version: 3, Version Date: 06/04/2023
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Plan No. Rev. Plan/Document Name Date
A10342-02-02 C General Arrangement 26/05/2021
Prepared by BMT
A10342-02-03 B Typical Sections and Volumes 29/01/2021
Prepared by BMT
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 31 March 2025, unless an application to extend the currency period is
approved by Council.
General Conditions
3. 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 2009.
4. All works must be undertaken in accordance with the conditions within the environmental
authority permit: P-EA-100232409.
5. All works and structures associated with the works must be constructed wholly within the
approved area.
6. Lighting associated with the use must be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
7. Safe pedestrian, vehicle and vessel access in the vicinity of the works must be maintained
at all times.
Document Set ID: 22365982
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5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA • Schedule 10 Part 17, The agency provided its
at DILGP Via MyDAS2 Division 3, Subdivision response on 28
at https://prod2.dev- 1, Table 1 (Planning February 2023
assess.qld.gov.au/suite Regulation 2017) – (Reference No. 2212-
/ (for assistance, Operational work that is 32529 SRA). A copy of
contact DILGP at 5352 tidal works or work in a the response is
9701 or coastal management attached
email:SEQNorthSARA [email protected] • Schedule 10 Part 17,
Division 3, Subdivision 2,
Table 1(Planning
Regulation 2017) –
Operational work that is
tidal works or work in a
coastal management
district in tidal waters
• Schedule 10 Part 6,
Division 3, Subdivision
1, Table 1 (Planning
Regulation 2017) –
Operational work
involving removal,
destruction
or damage of marine
plants
• Schedule 10 Part 5,
Division 4, Table 2, Item
1- Environmentally
Relevant Activity
(Planning Regulation
2017)
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. The approval or conditions do not 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
statues and/or statutory regulations in the execution and/or performance of said works.
2. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Document Set ID: 22365982
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4. 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. Also, any
approval granted does not warrant that such 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 said works. The Council does
not accept any responsibility for the accuracy of such plans and specifications as approved.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Mark Lewis
Coordinator - Engineering
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
Document Set ID: 22365982
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Document Set ID: 22365982
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2212-32523 SRA Regulation 2017) —- Operational work that is tidal works or work in a coastal management district * Schedule 10 Part 17, Division 3, Subdivision 2, Table 1(Planning Regulation 2017) — Operational work that is tidal works or work in a coastal management district in tidal waters « Schedule 10 Part 6. Division 3, Subdivision 1, Table 1 (Planning Regulation 2017) - Operational work involving removal, destruction or damage of marine plants « Schedule 10 Part 5, Division 4, Table 2. Item 1- Environmentally Relevant Activity (Planning Regulation 2017) SARA reference: 2212-32529 SRA Assessment manager: Noosa Shire Councd ‘Street address: Claude Batten Drive, Noosa Heads Real property description: Lot 114 on MCH839107 Applicant name: Noosa Council Applicant contact details: Level 5, 348 Edward Street (or PO Box 203) Brisbane QLD 4000 [email protected] Environmental Authority- This referral included an application for an environmental authority under section 115 of the Environmental Protection Act 1994. Below are the details of the decision: « Approved « Reference: P-EA-100375359 « Effective date: 10 February 2023 « Prescribed environmentally relevant activity (ERA): ERA 16- Extraction and Screening 1: Dredging, in a year, the following quantity of material (b) more than 10,000t but not more than 100,000t If you are seeking further information on the environmental authority, the Department of Environment and Science's website includes a register. This can be found at: www.des.ald.gov.au Representations An applicant may make representations to a referral agency, at any time before the application is decided, about changing a matter in the referral agency response (section 30 of the Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Lucy Stenzel, Principal Planner, on 3452 6805 or via email [email protected]. ‘State Assessment and Referral Agency Page 2 of 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 6 of 31
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2212-32529 SRA Yours sincerely, Steve Conner Executive Director cc Noosa Council, sophie [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced in conditions State Assessment and Referrs! Agency Page 30f 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 7 of 31
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Attachment 1—Referral agency conditions
2212-32529 SRA
(Under section 56(1)(){) of the Planning Act 2076 the following conditions must be atiached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment S)
No.
Conditions
Condition timing
Operational work
The chief executive administering the Planning Act 2016 nominates the Director-General of Transport and
Main Roads to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following conditions:
1.
All vessels, structures, plant, and equipment associated with the
construction of the approved works must be lit/marked in accordance
with the following specifications and requirements such that undertaking
the construction works does not cause a risk to the safe navigation of
ships:
{a) any anchors deployed must be marked with yellow buoys and
fitted with FL yellow lights fitted
{b) lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
For the duration of
works and for
operation to be
maintained at ail times
(a) Prepare a Marine Execution Plan (MEP) by an appropriately
qualified person(s). that includes, but not limited to the following:
i. demonstrating that the construction and operation of the
development will not impede the safe navigation of other
vessels or restrict safe access to or from neighbouring
‘structures
i. is consistent with any requirements of Maritime Safety
Queensland guidelines for major development proposal
ai. lighting/marking requirements, any anchors deployed must be
marked with yellow buoys and fitted with FL yellow lights
fitted. Any floating plant, equipment and pipelines shall be
appropriately fit and / or marked to the satisfaction of the
Harbour Master.
(©) Submit to the Marine Execution Plan (MEP) prepared in accordance
with part (a) of this condition to
[email protected].gov_au or mailed to:
Maritime Safety Queensland
PO Box 1094
Mooloolaba 4557
(c) Carry out the construction and dredging as applicable in accordance
with the Marine Execution Plan (MEP) in accordance with part (a) of
this condition.
(a) and (b)
At least 20 business
days prior to the
commencement of
works
(c) For the duration of
works
The chief executive administering the Planning Act 2016 nominates the Director-General of Environment
and Science to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following conditions:
3.
The construction of the dredge channel, sand plugs and beach
nourishment must be undertaken generally in accordance the plans
For the duration of the
works
State Assezsment and Refer: Agency
Document Set ID: 22365982
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2212-32523 SRA No. Conditions Condition timing titled: i General Arrangement i Typical Sections and Volumes. 4. Submit “As Constructed drawings” to [email protected] or mail to: Within two (2) weeks of Department of Environment and Science the rks letion of the Permit and Licence Management wo Implementation and Support Unit GPO Box 2454 Brisbane Qid 4001 5. (a) In the event that the works cause disturbance or oxidisation of acid | (a) Upon disturbance sulfate soil, the affected soil must be treated and thereafter or oxidisation until managed (until the affected soll has been neutralised or contained) the affected soil in accordance with the current Queensland Acid Sulfate Soil has been Technical Manual: Soil management guidelines, prepared by the neutralised or Department of Science, Information Technology, Innovation and the contained Arts, 2014. (b) At the time the (b) Certification by an appropriately qualified person, confirming that soils have been the affected soil has been neutralised or contained, in accordance neutralised or with (a) above is to be provided to [email protected] or mailed contained to: Department of Environment and Science Permit and Licence Management Implementation and Support Unit GPO Box 2454 Brisbane Qid 4001 6. Sand placed under this approval, must not cover any dune vegetation. | At all times 7. Beach nourishment is to be finished to a maximum of 1 vertical: 3 | At all times. horizontal ratio for the material being placed. 8. Sand for beach nourishment must be excavated only from the sand | At all times. extraction zone denoted within General Arrangement, prepared by BMT. Drawing Number A10342-02-02. 2. Sand must have the following characteristics: At all times. (a) the sand used for the work is not finer than the upper beach sand at the site (b) the sediment is clean, free of contaminants and does not contain any building waste or rock. 10. (a) Prepare a hydrographic survey plan by a registered surveyor in | Within one month of accordance with Standards for Hydrographic Surveys within | completion of the Queensland Waters to Class A of the dredge area and the | works immediate adjacent area likely to be affected by the dredging. State Assessment and Referral Agency Page Sof 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 9 of 31
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2212-32529 SRA Conditions Condition timing (b) Submit the hydrographic survey plan to [email protected] or mailed to: Department of Environment and Science Permit and License Management GPO Box 2454 Brisbane Qid 4001 The chief executive administering the Planning Act 2016 nominates the Director-General of Agriculture and Fisheries to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions: 11. Development authorised under this approval is limited as follows: At all times Operational work for the permanent removal, destruction or damage of marine plants for beach nourishment being limited to 244.2m2 of dead marine wood and shown in Figure 2-1 of Dog Beach Sand Nourishment project: Marine Plant Monitoring Plan prepared by BMT, reference R.A10342.002.00.Marine Plant MP.docx Operational work for the temporary removal, destruction or damage of marine plans for beach nourishment being limited to 45.9 m2 of subtidal detritus and shown in Figure 2-1 of Dog Beach Sand Nourishment project: Marine Plant Monitoring Plan prepared by BMT, reference R.A10342.002.00._Marine Plant MP.docx 12. The dredging and beach nourishment must be carried out generally in At all times accordance with the following plans: - General Arrangement prepared by BMT, reference A10342-02- 02; and - Typical Sections and Volumes prepared by BMT reference A10342-02-03. 13. The marine plant monitoring must be undertaken generally in Monitoring: accordance with Dog Beach Sand Nourishment project: Marine Plant Monitoring Plan prepared by BMT. reference R.A10242.002.00 Marine Plant MP.docx A post construction Monitoring reports must be submitted to [email protected] in hn wa y of accordance with Table 2-1 of the Dog Beach Sand Nourishment project: Marine Plant Monitoring Plan. . completion; Six months after the Post-construction survey, and Yearly for a period of three years after completion of the works. State Assessment and Referrs! Agency Page Sof 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 10 of 31
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2212-32523 SRA
No. Conditions Condition timing
Reporting:
Within two months of
construction
completion;
Six months after the
first post construction
monitoring survey, and
Yearly for a period of
three years after
completion of the
works, unless adaptive
measures and
corrective actions are
implemented
14. Development works must only be conducted between April and As indicated
September (inclusive) to minimise the impacts on fish spawning and the
flowering and fruiting of marine plants.
15. Enter into an agreed delivery arrangement to deliver an environmental Prior to commencing
offset in accordance with the Environmental Offsets Act 2014 to any works that impact
counterbalance the significant residual impacts on the matter’s of state | on the marine plants
environmental significance being 244.2 m? of marine plants.
16. Provide written notice to [email protected], when the As indicated
development authorised under this approval:
{a) will start
(b) when it has been completed.
These notices must state this permit number 2212-32528 SRA.
17. Spoil is managed to prevent acid sod development. Atall times
18. This fisheries development (as defined by the Fisheries Act 1994) Atall times
constitutes a place that is required to be open for inspection by an
inspector at all times, pursuant to section 145 of the Fisheries Act 1994.
19. Marine plants that are temporarily removed, damaged or destroyed by =| Within 5 years of
this development must be restored to pre-disturbance condition. removal, damage or
destruction of the
marine plants
20. Other material used in the development (e.g. debris, construction As indicated
material etc.) are to be promptly removed from the intertidal zone.
21. Tidal land profiles that are temporarily disturbed by the development As indicated
works (other than those within the permanent development footprint, as
shown on the plan titled General Arrangement. must be promptly
State Asseszment and Refers! Agency Page 7 of 13
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2212-32523 SRA No. Conditions Condition timing restored to pre-work profiles. Material Change of Use — Environmentally Relevant Activities The chief executive administering the Planning Act 2016 nominates the Director-General of Environment and Science to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s): 22. The dredging must be undertaken generally in accordance with the plans titled General Arrangement and Typical Sections and Volumes. For the duration of the works 23. Development authorised under this approval for ERA 16(1)(c) is limited to extraction within USL adjacent to Lot 114 on MCH839107 and placement within the approved land in Lot 114 on MCH839107 and USL adjacent to Lot 114 on MCH839107 for dredging 100,000t to 1,000,000t in a year. At all times State Assessment and Referral Agency Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 8 of 13 Page 12 of 31
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2212-32529 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains undefined it has its ordinary meaning. Removal, destruction, or damage of marine plants 2 The Notice of Election for the Significant Residual Impact should be submitted to [email protected]. An Agreed Delivery Arrangement must be entered into prior to any impact on the matter of State environmental significance. Marine Safety Queensland 3. Repair or replace of any navigational aid that are damaged due to the construction, operation or maintenance of the development will be required. Any replacement or repair of aids to navigation must be carried out at no cost to the Department of Transport and Main Roads and to the satisfaction of the Harbour Master. 4. The dredging operations are to be conducted in a manner that ensures a suitable navigation channel is always open to vessel traffic, 5. All navigation lights, buoys, marks, or signs associated with the development must be supplied, installed, and maintained in accordance with The Department of Transport and Main Roads through Maritime Safety Queensland 's requirements. State Assessment and Referrai Agency Page 3 of 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 13 of 31
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2212-32529 SRA Attachment 3—Reasons for referral agency response Document Set ID: 22365982 (Given under section 56(7) of the Planning Act 2070) * The Operational Work and Material change of use for an ERA achieves compliance with the applicable performance outcomes of State codes 8, 11 and 18 of the SDAP as follows: © will not adversely impact coastal processes © does not significantly increase the risk or impacts to people and property from coastal erosion © conditions will ensure that rehabilitation and long-term management of erosion will be appropriately monitored and managed. Material used in the assessment of the application: The development application material and submitted plans Planning Act 2016 Planning Regulation 2017 The State Development Assessment Provisions (version 2.3), as published by the department The Development Assessment Rules SARA DA Mapping system The reasons for the SARA’s decision are: The proposed development complies with the assessment benchmarks and purpose statement within the following codes: State Code 7 — Maritime Safety as the proposed development is considered to: not distract attention away from, or otherwise reduce the effectiveness of, aids to navigation be designed and constructed to be visible to mariners, to avoid the risk of collision does not interfere with the operation of aids to navigation be conditioned to ensure it does not obstruct the safe movement of vessels in a navigable waterway State Code - Coastal development and tidal works 8 as the proposed development is considered to: protect life, buildings and infrastructure from the impacts of coastal erosion maintain and conserve coastal resources maintain appropriate public use of, and access to and along. State coastal land account for the projected impacts of climate change avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated « does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided State code 11- Removal, destruction, or damage of marine plants as the proposed development is considered to: * maintains the extent, distribution. diversity and condition of marine plant communities and protects the ecological functions to which they contribute maintains the health and productivity of fisheries resources and fish habitat minimises impacts on the management, use, development and protection of fisheries resources and fish habitat « is designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated through conditions State Assessment ang Referral Agency Page 10 0f 13 Version: 3, Version Date: 06/04/2023 Page 14 of 31
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2212-32523 SRA State code 22- Environmentally relevant activities as the proposed development is considered to: * be located and designed to avoid or mitigate environmental harm on environmental values of the natural environment, adjacent sensitive land uses and sensitive receptors * are designed and located to avoid impacts or. where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated through conditions of approval * does not result in a significant residual impact on a matter of state environmental significance Material used in the assessment of the application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.0). as published by SARA the Development Assessment Rules SARA DA Mapping system State Planning Policy mapping system [celete it nct used] section 58 of the Human Rights Act 2019 ‘State Assessment and Referral Agency Page 11 of 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 15 of 31
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8 y 12-32529 SRA Attachment 4—Representations about a referral agency response provisions (page lef intentionally bank) State Assezsment and Referra Agency Page 12 of 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 16 of 31
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2212-32523 SRA Attachment 5—Documents referenced in conditions (page Jef intentionally bank) State Assessment and Referrai Agency Page 13 0f 13 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 17 of 31
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules! regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. Aconcurrence agency may change its referral agency response at any time before the application is decided it#— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response ? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. ‘ Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30. and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. Page 12 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 18 of 31
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. An applicant may make representations to a concurrence agency at any time before the application is decided, about changing a matter in the referral agency response * > An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. Page 202 Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 19 of 31
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PLANS AND DOCUMENTS ep referred to inthe REFERRAL (= AGENCY RESPONSE = em 4 oo SARA ref; 221232522 SRA ‘ww? BMT Le _ = Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan Reference: R.A10342.002.00.Marine Plant MP.docx Date: June 2021 Confidential Document Set ID: 22365982 Page 20 of 31 Version: 3, Version Date: 06/04/2023 9
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Document Control Sheet Document: R.A10342.002.00.Marine Plant MP.docx BMT Commercial Australia Py Lid ~ eu se coeed cnet Title: Dog Beach Sand Nourishment Project: Australia ~ PO Box 203, Spring Hill 4004 Project Manager: Lisa McKinnon ie seh 7 Sea Tae Author: Suanne Richards meee Client: Noosa Shire Council ABN 54010 830.421 Client C : wunupobon Client Reference: Synopsis: This Monitoring Plan details procedures to assess long term impacts on marine plants and fisheries resources following installation of the proposed sand plugs and sand nourishment works at Dog Beach. REVISION/CHECKING HISTORY Revision Number | Date Checked by Issued by 00 20" June 2021 [LCM | A Wi Pex, | LOM | AN DISTRIBUTION Destinatl Revisi 0 1 2 3 4 5 7 8 3 10 NSC PDF BMT File PDF BMT Library PDF Copyright and non-disclosure notice ‘The contents and layout of this report are subject to owned by BMT Commercial Australia Pty Lid (SMT CA) save to the extent that copyright nas been legally assigned by us to another party or Is used by BMT CA under licence. To the extent that we own the copynght in ts report, It may not be copied or used without cur prior witien agreement for any purpose other fan the purpose ‘The methodology (if any) contained in this report Is provided to you in confidence and must not be disclosed or copled to third parties weout the prior written agreement of BMT CA. Disciosure of that Information may consttute an actionable breach of confidence or may omensise Subject to the Third Party Disciaimer set out below ‘Third Party Discialmer our commercial Interests. Any third party who obtains access to this report by any means wil, In any event, De Any disciosure of this report to a third party is subject to this discialmes. The report was prepared by BMT CA at the Instruction of, and for use by, uF cllent named on this Document Control Sheet. ft does not In any way constitute advice to any third party who Is able to access It by any means. BMT CA exctudes to the fullest extent iawfuly permitied af liability whatsoever for any loss or damage howsoever arising from relance on the contents of this report. Commercial tems BMT requests the ability to discuss and negotlate in good faith the terms and conditions of the proposed terms of engagement, to facilitate successful project outcomes, to adequately protect both parties and to accord with normal contracting practice for engagements of tis type. (G\gdmin-share\AdminiA 10342 g.mpb_NoosaSpitSEMPdesignR.A 10342 002.00.Marine Plant MP.docx Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Bom Page 21 of 31
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Pian Contents Contents 1 Introduction 1 2 =‘ Monitoring Plan 2 2.1 Scope 2 2.2 Objectives 5 2.3 Responsibilities and Obligations 5 2.4 Qualifications 5 2.5 Timing 5 2.6 Monitoring 5 2.7 Evaluation and Adaptive Management 6 2.8 Corrective Actions 6 2.9 Reporting 7 2.10 Finalisation 7 List of Figures Figure 2-1 —_ Location of Marine Plant Disturbance 4 List of Tables Table 2-1 Monitoring Report Requirements 7 G:\gdmin-share\AdmintA10342.q.mpb NoosaSpitSEMPdesignR.A10342.002.00. Marine Plant & MP .docx BMT Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 22 of 31
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan 1 Introduction 1 Introduction Noosa Shire Council submitted a Development Application for Operational Works to remove, destroy or damage Marine Plants associated with the proposed Beach Nourishment Project at Dog Beach, Noosa Spit Recreation Reserve. This Technical Memorandum addresses the following items of the information request for the application (State Assessment and Referral Agency - SARA reference 2103-21744 SRA: Council reference: OPW21/0049)- * Item 1: provide plans showing the location and area (in m*) of ail marine plants fo be impacted by the proposal, including dead wood and wrack. Plans should include areas to be both directly and indirectly impacted and clearly delineate areas of permanent and temporary disturbance * Item 2: provide 2 monitoring plan detailing how marine plant restoration will be monitored, including an alert action plan to address any issues that may arise. G\admin-share-AdminA 10342. g.:mpb_NoosaSpitSeMPdesigiR A 10342 002.00. Marine Pant MP.doox BMT Document Set ID: 22365982 Page 23 of 31 Version: 3, Version Date: 06/04/2023 ‘age 23 1
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan 2 Monitoring Plan 2.1 Monitoring Plan This Monitoring Plan (the plan) details procedures to assess long term impacts on marine plants and fisheries resources associated with the construction and operation of sand nourishment works at Dog Beach. The plan will be maintained for a period of 3 years after completion of the works unless corrective actions are implemented. The plan provides the following elements: * Scope: activities and locations the plan applies to * Objectives: purpose of the monitoring plan * Responsibilities and obligations for monitoring and evaluation * (Qualifications: mandatory qualifications for persons undertaking monitoring and evaluation * Timing: sets the frequency and intervals for monitoring events * Monitoring: monitoring procedures to be implemented post-construction including measures of vegetation cover and composition; ground/substrate/tidal conditions * Evaluation and Adaptive Management procedures to evaluate monitoring results and implement adaptive measures * Corrective actions: procedures to implement restoration and/or offsets * Reporting: requirements for monitoring and evaluation reporting. Scope Figure 2-1 shows the concept design for the proposed works in relation to marine plant communities. The dune woodland adjacent to the proposed sand nourishment area comprises terrestrial vegetation, sits above Highest Astronomical Tide and is not considered to support direct fisheries values. However, the foredune supports sparse Cynodon dactyion and Melaleuca quinquenervia, which can be considered marine plants under the Fish Habitat Management Operational Policy. The proposed sand nourishment fronting the dune will be placed to avoid vegetation and will not directly impact on living marine plants within the foreshore. The sand plug and sand nourishment at the eastern end of Dog Beach will occur directly adjacent to marine plants. Based on the concept design for the proposed works it is anticipated there will be no direct impacts to marine plants within this area. Fallen, dead trees on Dog Beach occur on tidal land and are considered marine plants for the purposes of the Fisheries Act 1994. The fallen trunks will be smothered during sand nourishment resulting in the permanent removal of approximately 244.2m? of marine plants. G:iaamin-share AdmiriA10342.q mpb NoosaSpltSEMPdesigniR.A10342.002.00.Marine Prant & BMT MP.docx Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 24 of 31
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Pian 3 Monitoring Plan Document Set ID: 22365982 ‘The western sand plug may Impact on 45.9m* of subtidal detritus which is considered a mare piant for the purposes of the Fisheries Act 1994. It Is anticipated detritus will re-establish following works and the Impacts are likely to be temporary. In summary, the proposed works as Illustrated In Figure 2-1 may impact on the following marine plants: * permanent removal of 244.2m? of fallen dead trees on tidal lands = temporary disturbance to 45.9m? of subtkial detritus. it is not anticipated marine piants associated with the dune woodland or in interti¢al zones at the eastem end of Dog Beach will be directly Impacted by the works. ‘This pian will be Implemented to monitor impacts associated with the sand nourishment works on land-based, live marine plants and to alert an action pian to address any Issues that may have long term Impacts on fisheries resources. Version: 3, Version Date: 06/04/2023 Page 25 of 31
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ines XOOP'dIN Wiig GULP 00'Z00'ZPE OLY UU ErsepgiNa SudSesCON qdw'6 ZPE OL y\uIUpY\ ar ey s-uILUpR SOUR GIN; S}Q JUL}q BUY JO UOHeI0] 4-7 aunBy 4 LWH peddewy ones: SHIN pao ms E euro ove va os [—] i tag REGS 4 oon panes smosuew pus unuins seroiton, ~~ Dempoom sun ‘peyuMuWwoD LORE Eb, ueid Buyo}u0W ue|d Buoyuow weld eupeW 3e/o1g WeUWYsLNON pues yeeg Bog Page 26 of 31 Version: 3, Version Date: 06/04/2023 Document Set ID: 22365982
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan 5 Monitoring Plan 2.2 Objectives The objective of this plan is to measure and evaluate the extent, condition and composition of live marine plants following construction of the beach nourishment works and to implement adaptive measures and/or corrective actions, as required, to ensure living marine plants in the disturbance area are consistent with pre-construction conditions or better. Refer to Noosa Spit Coastal Protection Environmental Assessment for pre-construction marine plant conditions within the study site (BMT 6™ January 2021: R.A1032.002.00_Environmental Assessment.docx). 2.3. Responsibilities and Obligations Noosa Shire Council is responsible for implementing and reporting on this plan. 2.4 Qualifications Monitoring and associated reporting shall be performed by a qualified ecologist with experience in marine plant and fisheries habitat site assessments in south-east Queensland. 2.5 Timing The monitoring schedule will consist of the following site surveys: * A post construction monitoring survey within two months of construction completion * Survey conducted six months after the post-construction survey * Yearly for a period of three years after completion of the works. Program timing may be adjusted in the event adaptive management measures and/ or corrective actions are required. The monitoring programme can conclude after a period of three years following completion of the works and once it is demonstrated there is no, to very low, potential for long-term impacts on living marine plants associated with sand nourishment. Conclusion of the program shall be approved by the Queensiand Department of Agriculture and Fisheries (DAF). 2.6 Monitoring Monitoring assessments of the study site will be undertaken by a suitably qualified ecologist to measure and evaluate live marine plants and fisheries resources following construction and to identify any potential management issues. Site record sheets and permanently established photo monitoring points will be used for recording and monitoring marine plant condition. The assessment will involve traverses of the entire study site to describe and map the presence of land-based marine plant communities and evidence of associated fisheries habitat values. Site data will be recorded at representative locations and will include: * Photographs at established monitoring points G:\admin-share\AdminiA 10342.9.mpb.NoosaSpitSEMPdesigniR.A 10342.002.00.Marine Piant & MP.dock BMT Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 27 of 31
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan 6 Monitoring Plan * identification of dominant plant species, including native and exotic taxa estimates of vegetation and species cover * description of habitat features, including fisheries resources and tidal influence * georeferencing of significant features. 2.7 Evaluation and Adaptive Management Adaptive management measures will be developed if the monitoring identifies: * direct disturbance to living marine plant communities associated with sand nourishment works * a reduction in living marine plant condition and/or extent compared with pre-construction vegetation communities (refer Section 2.2) within a year of completion of the works; and/or * modified site conditions associated with sand nourishment works which may reduce the long-term values or extent of marine plants, such as weeds and habitat modifications rendering conditions no longer suitable for marine plant growth. Adaptive management measures may include pest control and/or ground works to promote conditions suitable for local marine plants. This plan will be updated as required to reflect adaptive management measures implemented. Any changes to the monitoring plan shall be made in consultation with and approved by DAF. 2.8 Corrective Actions Corrective actions may be required if the monitoring results indicate works associated with the beach nourishment project could have a long-term impact or significant residual impact on living marine plants. Significant residual impacts on marine plants include: * Private works impacting on more than 17sqm of fish habitat; and © there is a reduction in the extent of marine plants through removal, destruction or damage of marine plants; or © fragmentation or increased fragmentation of a marine ecological community; or © adverse changes affecting survival of marine plants through modifying or destroying abiotic (non-iving) factors (such as water, nutrients, or soil) necessary for a marine plant's survival; or © alteration in the species composition of marine plants in an ecological community, that causes a decline or loss of functionally important species; or © interference with the natural recovery of marine plant communities. Site-specific corrective actions will be determined in consultation with, and to be approved by, DAF. This monitoring plan will be updated to address remediation measures which may include: G:\admin-share\Admin\A 10342.g.mpb.NoosaSpitSEMPdesigniR.A 10342.002.00.Marine Ptant & MP-.dock BMT Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Page 28 of 31
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Dog Beach Sand Nourishment Project: Marine Plant Monitoring Plan Monitoring Plan 2.9 2.10 * Site restoration (ground works to reinstate conditions suitable for marine plants; revegetation; pest control); * Direct offsets (onsite/offsite fish habitat enhancement/ restoration’ rehabilitation’ connectivity! creation); and/ or * Indirect financial offsets. Any changes to this monitoring plan shall be made in consultation with and approved by DAF. Reporting Table 2-1 outlines reporting requirements under this plan. All reports are to be submitted to and signed off by DAF. Table 2-1 Monitoring Report Requirements eae ary] Prepared By Marine plant and fisheries « Within two months of Qualified ecologist resource assessment in construction being accordance with this plan. completed; « Six months following the first post construction monitoring survey; « Yearly for a period of three years after completion of the works unless adaptive measures and corrective actions are implemented. Update of this plan to reflect As required Qualified ecologist adaptive management measures taken, if required. Update of this plan to refiect As required Qualified ecologist corrective actions taken, if required, such as: * Site Restoration Plan, and/or + Offset Delivery Plan. Final Report: summary and Once it is demonstrated after a Qualified ecologist conclusion of the monitoring minimum of three years there is plan. no to very low potential for long- term impacts on living marine plants Finalisation The monitoring plan can conclude after a period of three years following completion of the works and once it is demonstrated there is no, to very low, potential for long-term impacts on live marine plants. Conclusion of the program shall be approved by DAF. G:\admin-share\AdminiA 10342.9.mpb.NoosaSpitSEMPdesigniR.A10342.002.00.Marine Piant MP.docx Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 Gam Page 29 of 31
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BMT has a proven record in addressing today’s engineering and environmental issues. Our dedication to developing innovative approaches and solutions enhances our ability to meet our client’s most challenging needs. our @ EMT in Environment Brisbane Level 5, 348 Edward Street Brisbane Queensland 4000 PO Box 203 Spring Hill Queensland 4004 Australia Tel +61 7 3831 6744 Fax +61 7 3832 3627 Email [email protected] Melbourne Level 5, 99 King Street Melbourne Victoria 3000 Australia Tel +61 3 86206100 Fax +61 3 86206105 Email [email protected] Newcastle Level 1, 161 King Street Newcastle New South Wales 2300 Tel +61 2.4940 8882 Fax +61 24940 8887 Email environmentgbmtglobalcom Adelaide 5 Hackney Road Hackney Adelaide South Australia 5069 Australia Tel +61 8 8614 3400 Email [email protected] Document Set ID: 22365982 Version: 3, Version Date: 06/04/2023 (© Other BMT offices Northern Rivers Suite 5 20 Byron Street Bangalow New South Wales 2479 Australia Tel +61 2.6687 0466 Fax +61 26687 0422 Email [email protected] Sydney Suite G2, 13-15 Smail Street Ultimo Sydney New South Wales 2007 Australia Tel +61 2 89607755 Fax +61 2 89607745 Email environmentebmtglobal.com Perth Level 4 20 Parkland Road Osborne Park Westem Australia 6017 PO Box 2305 Churchlands Western Australia 6018 Australia Tel +61 8 6163 4900 Email [email protected] London Zig Zag Building, 70 Victoria Street Westminster London, SW1E 6SQ UK Tel +44 (0) 20 8090 1566 Email [email protected] Leeds Platform New Station Street Leeds, LS1 4JB UK Tet: +44 (0) 113 328 2366 Email envis Aberdeen 11 Bon Accord Crescent Aberdeen, ABII 6DE UK Tel: +44 (0) 1224414 200 Email environment.ukgbmtglobalcom Asta Pacific Indonesia Office Perkantoran Hijau Arkadia Tower C, P Floor Ji: T.B. Simatupang Kav.88 Jakarta, 12520 Indonesia Tek +62 21 782 7639 Email asiapacificebmtglobal.com Arlington - 2900 South Quincy Street, Suite 210 Arlington, VA 22206 United States Tek +1 703 920 7070 Email inquiresadand; Page 30 of 31
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Document Set ID: 22365982
Page 31 of 31
Version: 3, Version Date: 06/04/2023
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Permit
Environmental Protection Act 1994
Environmental authority P-EA-100375359
This environmental authority is issued by the administering authority under Chapter 5 of the Environmental
Protection Act 1994.
Environmental authority number: P-EA-100375359
Environmental authority takes effect on the date that your related development approval takes effect
(MCU22/0203). This is the take effect date.
Environmental authority holder(s)
Name(s) Registered address
Noosa Shire Council Level 1, 9 Pelican St, Tewantin QLD
Environmentally relevant activity and location details
Environmentally relevant activity/activities Location(s)
ERA 16 - Extraction and Screening 1: Dredging, in a Lot 114 on MCH839107; and
year, the following quantity of material (c) more than
Unallocated State Land adjacent to Lot 114 on
100,000t but not more than 1,000,000t.
MCH839107.
Additional information for applicants
Environmentally relevant activities
The description of any environmentally relevant activity (ERA) for which an environmental authority (EA) is issued
is a restatement of the ERA as defined by legislation at the time the EA is issued. Where there is any inconsistency
between that description of an ERA and the conditions stated by an EA as to the scale, intensity or manner of
carrying out an ERA, the conditions prevail to the extent of the inconsistency.
An EA authorises the carrying out of an ERA and does not authorise any environmental harm unless a condition
stated by the EA specifically authorises environmental harm.
A person carrying out an ERA must also be a registered suitable operator under the Environmental Protection Act
1994 (EP Act).
Contaminated land
It is a requirement of the EP Act that an owner or occupier of contaminated land give written notice to the
administering authority if they become aware of the following:
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Page 1 of 14 ABN 46 640 294 485
Page 33
Permit
Environmental authority P-EA-100375359
- the happening of an event involving a hazardous contaminant on the contaminated land (notice must be
given within 24 hours); or
- a change in the condition of the contaminated land (notice must be given within 24 hours); or
- a notifiable activity (as defined in Schedule 3) having been carried out, or is being carried out, on the
contaminated land (notice must be given within 20 business days);
that is causing, or is reasonably likely to cause, serious or material environmental harm.
For further information, including the form for giving written notice, refer to the Queensland Government website
www.qld.gov.au, using the search term ‘duty to notify’.
Take effect
Please note that, in accordance with section 200 of the EP Act, an EA has effect:
a) if the authority is for a prescribed ERA and it states that it takes effect on the day nominated by the holder
of the authority in a written notice given to the administering authority-on the nominated day; or
b) if the authority states a day or an event for it to take effect-on the stated day or when the stated event
happens; or
c) otherwise-on the day the authority is issued.
However, if the EA is authorising an activity that requires an additional authorisation (a relevant tenure for a
resource activity, a development permit under the Planning Act 2016 or an SDA Approval under the State
Development and Public Works Organisation Act 1971), this EA will not take effect until the additional
authorisation has taken effect.
If this EA takes effect when the additional authorisation takes effect, you must provide the administering authority
written notice within 5 business days of receiving notification of the related additional authorisation taking effect.
If you have incorrectly claimed that an additional authorisation is not required, carrying out the ERA without the
additional authorisation is not legal and could result in your prosecution for providing false or misleading
information or operating without a valid environmental authority.
Amanda Gray Enquiries:
Department of Environment and Science Coastal and Marine Assessment
Delegate of the administering authority Department of Environment and Science
Environmental Protection Act 1994
Phone: 1300 130 372
Email: [email protected]
Date issued: 10th February 2023
_____________________________________________________________________________________________________________
Page 2 of 14 ABN 46 640 294 485
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Permit
Environmental authority P-EA-100375359
Obligations under the Environmental Protection Act 1994
In addition to the requirements found in the conditions of this environmental authority, the holder must also meet
their obligations under the EP Act, and the regulations made under the EP Act. For example, the holder must
comply with the following provisions of the Act:
- general environmental duty (section 319)
- duty to notify environmental harm (section 320-320G)
- offence of causing serious or material environmental harm (sections 437-439)
- offence of causing environmental nuisance (section 440)
- offence of depositing prescribed water contaminants in waters and related matters (section 440ZG)
- offence to place contaminant where environmental harm or nuisance may be caused (section 443)
_____________________________________________________________________________________________________________
Page 3 of 14 ABN 46 640 294 485
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Permit
Environmental authority P-EA-100375359
Conditions of environmental authority
Location: Lot 114 on MCH839107; and Unallocated State Land adjacent to Lot 114 on MCH839107.
Activity: ERA 16 - Extraction and Screening 1: Dredging, in a year, the following quantity of material (c) more
than 100,000t but not more than 1,000,000t.
The environmentally relevant activitie(s) conducted at the location(s) as described above must be conducted in
accordance with the following site-specific conditions of the approval.
Agency interest: General
Condition Condition
number
G1 The quantity of material removed under this permit must not exceed 180,000 tonnes per year.
G2 The activity under this environmental authority must only be undertaken between the months of April
and September (inclusive).
G3 The activity under this environmental authority must be conducted in accordance with Typical
Sections and Volumes, prepared by BMT, dated 04/01/2023, Drawing Number A10342-02-03,
revision C.
G4 The activity under this environmental authority must be undertaken within the sand extraction zone
denoted in General Arrangement, prepared by BMT, dated 26/05/2021, Drawing Number A10342-02-
02, revision C.
Note: This authority does not permit dredging outside of the sand extraction zone.
G5 Dredge material is authorised for placement on Lot 114 on MCH839107 (Dog Beach) and the
Unallocated State Land directly adjacent to Lot 114 on MCH839107, as per General Arrangement,
prepared by BMT, dated 26/05/2021, Drawing Number A10342-02-02, revision C.
G6 All reasonable and practicable measures must be taken to prevent or minimise environmental harm
caused by the activity.
G7 Any breach of a condition of this environmental authority must be reported to the administering
authority as soon as practicable and within 24 hours of becoming aware of the breach. Records must
be kept including full details of the breach and any subsequent actions taken.
G8 Other than as permitted by this environmental authority, the release of a contaminant into the
environment must not occur.
G9 Environmental monitoring results must be kept until surrender of this environmental authority. All other
information and records that are required by the conditions of this environmental authority must be kept
for a minimum of five (5) years. All information and records required by the conditions of this
environmental authority must be provided to the administering authority, or nominated delegate
upon request, within the required timeframe and in the specified format.
G10 An appropriately qualified person(s) must monitor, record and interpret all parameters that are
required to be monitored by this environmental authority and in the manner specified by this
environmental authority.
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Page 4 of 14 ABN 46 640 294 485
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Permit
Environmental authority P-EA-100375359
G11 All analyses required under this environmental authority must be carried out by a laboratory that has
National Association of Testing Authorities (NATA) certification, or an equivalent certification, for such
analyses. The only exception to this condition is for in situ monitoring of water quality parameters.
G12 When required by the administering authority, monitoring must be undertaken in the manner
prescribed by the administering authority, to investigate a complaint of environmental nuisance
arising from the activity. The monitoring results must be provided within 10 business days to the
administering authority upon its request.
G13 At least five (5) business days prior to commencing a dredge operation, written notification must be
provided to the administering authority of the following:
1. Commencement date of the dredge operation.
2. Expected end date of the dredge operation.
G14 The characterisation of sediments and suitability for land-based disposal of dredged material must be
submitted to the administering authority in accordance with methodology provided in the latest edition
of the:
• National Environment Protection (Assessment of Site Contamination) Amendment Measure;
and
• Queensland Acid Sulfate Soil Technical Manual …and any other relevant guideline specified
by the administering authority, at 20 business days prior to the commencement of the
dredging activity.
Note: It is the responsibility of the operator to determine whether previous characterisation of sediments are suitable for assessing
risks to environmental values associated with the dredging campaign to which this environmental authority relates.
G15 Chemicals and fuels in containers of greater than 15 litres must be stored within a secondary
containment system.
G16 Any containment area specified in condition G15 must be certified by appropriately qualified
person(s) (e.g. registered professional engineer of Queensland) and maintained to that condition.
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Page 5 of 14 ABN 46 640 294 485
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Permit
Environmental authority P-EA-100375359
G17 Prior to the commencement of the dredging activity, a Dredge Management Plan (DMP) for the
activity must be developed and implemented, and the DMP must contain the following:
1. Clearly stated aims and objectives.
2. Description of dredging operation including:
a. type of equipment to be used in dredging;
b. volume of dredged material to be removed, and duration and timing of the dredging
campaign;
c. methods to be utilised for transporting dredged material; and
d. dredged material disposal methods.
3. Maps or plans showing:
a. legend, north arrow and scale;
b. boundaries of dredging operation;
c. estimated or modelled zone of influence of sediment plumes;
d. location of designated disposal sites;
e. location of sensitive receptors; and
f. all monitoring locations.
4. A detailed description of sediment plume-associated monitoring program including:
a. sampling regime and methods; and
b. monitoring sites.
5. A detailed description of the assessment methodology to provide data in relation to trigger
values that will define alert levels.
6. Clearly set out data handling and evaluation procedures that demonstrate how exceedance of
alert levels will be determined.
7. Management actions to be initiated if alert levels are exceeded.
8. Measures to ensure no permanent impacts to sensitive receptors outside the approved
dredge footprint.
G18 The DMP must not be implemented or amended in a way that contravenes or is inconsistent with any
condition of this authority.
G19 The DMP must be provided to the administering authority at either of the addresses below:
[email protected]; or
Department of Environment and Science
Permit and License Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
G20 The DMP must be submitted to the administering authority at least 20 business days prior to the
commencement of dredging and amended in accordance with any comments made by the
administering authority.
G21 If the DMP is amended, it must be provided to the administering authority at least 20 business days
prior to commencing activities under the amended DMP.
G22 Any comments made by the administering authority on the amended DMP provided in accordance with
condition G21 must be addressed to the satisfaction of the administering authority prior to implementing
the amended DMP.
G23 Condition G21 and G22 applies each time the DMP is amended.
G24 The dredging activity must be undertaken in accordance with the DMP required in condition G17.
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Page 6 of 14 ABN 46 640 294 485
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Permit
Environmental authority P-EA-100375359
Agency interest: Air
Condition Condition
number
A1 Odours or airborne contaminants must not cause environmental nuisance to any sensitive place or
commercial place.
Agency interest: Water
Condition Condition
number
WT1 The only contaminants to be released to surface waters are:
1. Sediment necessarily disturbed during dredging at locations indicated in condition G3.
WT2 Where the zone of influence of a sediment plume generated by the activity encroaches upon a
sensitive receptor, slightly disturbed or high ecological value waters, sediment plume associated
monitoring (SPAM) is to be undertaken as follows:
1. continuous visual monitoring1, and
2. spot-checking (weekly and event-based concern site monitoring with control site-based
checking).
1.
The continuous visual monitoring methodology includes a subjective monitoring component, but must also be supplemented
with daily, non-subjective (i.e. objective, empirical) data collection that must occur at the most appropriate times to report the full
extent of the sediment plumes being generated (e.g. mid-ebb and flood tides whilst actively dredging) as detailed in the DMP.
WT3 Monitoring of contaminant releases to waters must be undertaken in accordance with condition
WT2 and records of the results must be kept.
WT4 In addition to WT1, the release to waters must not:
1. Have any other properties at a concentration that is capable of causing environmental harm.
2. Produce any slick or other visible evidence of oil or grease, nor contain visible floating oil, grease,
scum, litter or other visually objectionable matter.
WT5 If the plume encroaches within 50 metres of a mapped Fish Habitat Area or Declared High Ecological
Value Waters (wetland), dredging must cease until the plume subsides.
Agency interest: Land
Condition Condition
number
L1 Other than as permitted within this environmental authority, contaminants must not be released to land.
L2 Treatment and management of acid sulfate soils must comply with the guidance provided in the current
edition of the Queensland Acid Sulfate Soil Technical Manual.
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Agency interest: Noise
Condition Condition
number
N1 Noise generated by the activity must not cause environmental nuisance to any sensitive place or
commercial place.
Agency interest: Waste
Condition Condition
number
W1 All waste generated in carrying out the activity must be reused, recycled or removed to a facility that
can lawfully accept the waste.
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Definitions
Key terms and/or phrases used in this document are defined in this section and bolded throughout this document.
Applicants should note that where a term is not defined, the definition in the Environmental Protection Act 1994,
its regulations or environmental protection policies must be used. If a word remains undefined it has its ordinary
meaning.
Activity means the environmentally relevant activities, whether resource activities or prescribed activities, to
which the environmental authority relates.
Administering authority means the Department of Environment and Science or its successor or predecessors.
Alert levels represent tiers in a hierarchy of increasing environmental risk and are defined by trigger values.
Three alert levels (low, moderate, and high) are typically used in a management action framework to indicate
adverse conditions and guide management responses that aim to prevent and minimise environmental harm.
Appropriately qualified person(s) means a person or persons who has professional qualifications, training,
skills or experience relevant to the nominated subject matter and can give authoritative assessment, advice and
analysis to performance relative to the subject matter using the relevant protocols, standards, methods or
literature.
Commercial place means a place used as a workplace, an office or for business or commercial purposes and
includes a place within the curtilage of such a place reasonably used by persons at that place.
Completion of dredging means dredged material has been removed from the dredged basin in accordance
with the plans outlined in condition G3 and G4.
Concern site means a site where a sensitive receptor occurs within the zone of influence of a sediment plume.
Continuous visual monitoring means visual appraisal of the sediment plume extent and intensity as performed
by the dredge crew throughout the day on an ad hoc basis (i.e. whenever it is safe and nondisruptive to do so).
The continuous visual monitoring requirement is intended to facilitate an early response feature in the dredge
management plan, so that the dredge operator remains cognisant of the extent and intensity of the sediment
plume being generated and reacts according to the dredge management plan accordingly. This requirement must
be supplemented with empirical data (e.g. photography, when water quality instruments are not in use) taken at
key indicative points in the tidal cycle (where applicable) to demonstrate the extent and intensity of the sediment
plume.
Control site refers to a monitoring site located beyond the anticipated zone of influence of sediment plumes
and has site pairing with one or more test sites or sentinel sites. In monitoring programs, control sites serve
the same role as do reference sites but only for a defined subset of parameters.
Dredge Management Plan (DMP) is an environmental management plan for the dredging activity. It defines
and describes the:
• scope, timing and duration of the dredging operation
• sediment plume-associated monitoring programs
• assessment of data, trigger values and alert levels, and
• management actions that may be required in response to adverse monitoring results.
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The DMP includes an aim to prevent and minimise environmental harm to sensitive receptors as a result of the
dredging activity.
Dredged material means mud, sand, coral, shingle, gravel, clay, earth and other material removed by dredging.
Dredged material includes dredge spoil and extracted quarry material.
Dredge footprint is the area being dredged including batters.
Dredging includes extraction of mud, sand, coral, ballast, shingle, gravel, clay, earth and other material from the
bed of Queensland tidal and non-tidal waters. Dredging does not include the banks of a waterway.
Environmental harm as defined in Chapter 1 of the Environmental Protection Act 1994.
Environmental Nuisance as defined in Chapter 1 of the Environmental Protection Act 1994.
Environmental value means
• a quality or physical characteristic of the environment that is conducive to ecological health or public
amenity or safety; or
• another quality of the environment identified and declared to be an environmental value under an
environmental protection policy or regulation.
High ecological value (HEV) is the ‘management intent’ for the ‘ecosystem condition’ as defined in Schedule 1
of the Environmental Protection Policy (Water) 2019 for scheduled waters, or the Australian and New Zealand
Guidelines for Fresh and Marine Water Quality 2000 (ANZECC & ARMCANZ 2000) for non-scheduled waters.
HEV ecosystems are intact and typically exhibit relatively insignificant levels of anthropogenic impacts.
Land means any land, whether above or below the ordinary high-water mark at spring tides (i.e. includes tidal
land).
Measures has the broadest interpretation and includes:
• Procedural measures such as standard operating procedures for dredging operations, environmental
risk assessment, management actions, departmental direction and competency expectations under
relevant guidelines
• Physical measures such as plant, equipment, physical objects (such as bunding, containment systems
etc.), ecosystem monitoring and bathymetric surveys.
NATA means National Association of Testing Authorities.
Nominated delegate means another government agency that provides services to the administering
authority.
Records include breach notifications, written procedures, analysis results, monitoring reports and monitoring
programs required under a condition of this authority.
Reference site refers to a monitoring site located not only beyond the anticipated zone of influence of a sediment
plume, but also beyond other sources of environmental impacts, and has site pairing with one or more test sites
or sentinel sites. In monitoring programs, reference sites serve the same role as do control sites but can
generally be suitable for a broader set of parameters.
Release of a contaminant into the environment means to:
• deposit, discharge, emit or disturb the contaminant
• cause or allow the contaminant to be deposited, discharged, emitted or disturbed
• fail to prevent the contaminant from being deposited, discharged emitted or disturbed
• allow the contaminant to escape
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• fail to prevent the contaminant from escaping.
Sediment plume-associated monitoring (SPAM) means environmental monitoring associated with risk
management of sediment plume-associated impacts.
Sediment plume-associated impacts are impacts associated with sediment plumes including turbidity and
suspended solids concentrations, light attenuation or sedimentation rates elevated above either control site or
reference site readings or baseline conditions for an equivalent time of year. Where dredge material possesses
acid sulfate soil-related properties, sediment plume-associated impacts may also include pH, dissolved oxygen
and metal and metalloid-related toxicity impacts.
Sentinel site is a test site that is situated between the disturbance source and the sensitive receptor and
serves to provide earlier warning of developing adverse conditions than does a test site.
Sensitive place includes the following and includes a place within the curtilage of such a place reasonably used
by persons at that place:
• a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises; or
• a motel, hotel or hostel; or
• a kindergarten, school, university or other educational institution; or
• a medical centre or hospital; or
• a protected area under the Nature Conservation Act 1992, the Marine Parks Act 2004 or a World
Heritage Area; or
• a public park or garden; or
• for noise, a place defined as a sensitive receptor for the purposes of the Environmental Protection
(Noise) Policy 2019.
Sensitive receptor includes biological sensitive receptors together with other environmental values
sensitive to the effects of dredge-generated sediment plume-associated impacts.
Site pairing refers to monitoring sites that have a functional control-impact relationship, for example, Control
site A is referenced to assess monitoring data collected from Concern Sites AA and AB, thus, Concern Sites AA
and AB share site pairing with Control Site A.
Slightly disturbed is the ‘management intent’ for the ‘ecosystem condition’ as defined in Schedule 1 of the
Environmental Protection (Water and Wetland Biodiversity) Policy 2019. Slightly disturbed ecosystems should
generally be regarded as high ecological value ecosystems in all respects except for some relatively minor
disturbances (usually water-quality related e.g. nutrient concentrations exceeding the water quality objective).
Spot-checking refers to a non-continuous monitoring approach performed at a fixed distance and direction from
a mobile impact source (in the context of this guidance, dredging vessels) or at other key points of interest. Spot-
checking may be routine or event-based, and may also include monitoring at fixed monitoring sites, such as
reference sites or control sites and test sites or sentinel sites, although the same sites need not necessarily
be monitored on every sampling event.
Test site is a concern site that functions as a test point for compliance, is a monitoring site situated within the
area where a sensitive receptor occurs and where environmental monitoring-related assessment criteria (e.g.
trigger values) apply.
Tidal land means land that is submerged at any time by tidal water.
Trigger values are physicochemical, parameter-specific measurement values used to indicate a condition where
an environmental value or sensitive receptor may be at low, moderate or high risk, or some other risk related
indicator.
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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.
Zone of Influence of a sediment plume is, in its broadest application, defined by the dredge footprint and the
area beyond the dredge footprint where at least some level of sediment plume-associated impacts are
expected to occur. The overall zone of influence may be broken down into more risk-relevant sub-categories,
such as the Zone of Unavoidable Loss (the dredge footprint and immediately adjacent areas), the Zone of
Moderate Impact, or the Zone of Marginal Impact, with each zone being defined according to its purpose or role
in environmental management.
Attachments
• General Arrangement, prepared by BMT, dated 26/05/2021, Drawing Number A10342-02-02, revision
C.
• Typical Sections and Volumes, prepared by BMT, dated 04/01/2023, Drawing Number A10342-02-03,
revision C.
END OF PERMIT
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General Arrangement, prepared by BMT, dated 26/05/2021, Drawing Number A10342-02-02, revision C.
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Typical Sections and Volumes, prepared by BMT, dated 04/01/2023, Drawing Number A10342-02-03, revision
C.
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