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001A709D.001
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rT -oncurrence Agency Response
This notice is issued by the Environmental Protection Agency pursuant fo Sections 3.3.16 and 3.3.18 of the Integrated
Planning Act 1997 to advise of a decision or action.
Sunshine Coast Regional Council CC: Seahaven Development Pty Ltd
PO Box 141 ot C/- Ken Hicks & Associates Pty Ltd
TEWANTIN QLD 4565 PO Box 6380
MAROOCHYDORE QLD 4558
Assessment Manager Reference: 2008/1787 Our reference: 331175 .
Attention: Denis Wallace
Dear Mr Wallace
Re: Referral for Concurrence Agency Response for an MCU within a Coastal
Management District
The Environmental Protection Agency (EPA) wishes to advise that the referral for a concurrence agency
response, received on 19 November 2008, has been assessed, and on 12 February 2009 a decision was
made to issue a response to the assessment manager. .
1. Property/Location: .
Street Address Lot/Plan —
11 Hastings ST NOOSA HEADS | Lot 5 Plan RP893438
QLD 4567
13 Hastings ST NOOSA HEADS | Lot 10 Plan BUP4864, Lot 11 Plan BUP4864, Lot 14 Plan BUP4864, Lot
QLD 4567 15 Plan BUP4864, Lot 16 Plan BUP4864, Lot 17 Plan BUP4864, Lot 22
Plan BUP4864, Lot 23 Plan BUP4864, Lot 24 Plan BUP4864, Lot 28
Ptan SP103607, Lot 29 Plan SP103607, Lot 30 Plan SP103607, Lot 31
Plan SP103607, Lot 32 Plan SP103607, Lot 33 Plan SP103607, Lot 34
Plan SP103607, Lot 35 Plan SP103607, Lot 36 Plan SP103607, Lot 37
Plan SP103607, Lot 38 Plan SP103607, Lot 39 Plan SP103607, Lot 4
Plan BUP4864, Lot 5 Plan BUP4864, Lot 6 Plan BUP4864, Lot 7 Plan
BUP4864, Lot 8 Plan BUP4864, Lot 9 Plan BUP4864, Lot CP Plan
BUP4864, Lot CP Plan SP103607See the original
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Section 2
environmental licences and permits
Notice
19 Hastings ST NOOSA HEADS | Lot 12 Plan RP908660
QLD 4567.
9 Hastings ST NOOSA HEADS Lot 4 Plan RP893438
QLD 4567
2. Details of the recommendations
Aspect of Development
- Concurrence Response for an MCU within a coastal management district
- MCU completely or partly within a coastal management district if the MCU involves certain operational
work
Recommendation
- The attached Concurrence Response with conditions — Permit IPCC01277908 must attach to any
development approval.
EPA Ref Number
- IPCC01277908
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 approval.
4. The approved plans
Ni
5. Codes for self-assessable development
Any self-assessable development for an environmentally relevant activity conducted in conjunction with this
approval, 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 the EPA's concurrence response) for this application
Page 2 of 3 » AF080109 Environmental Protection AgencySection 3
environmental licences and permits
Notice
__ issued by the Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore could you
please send a signed hardcopy to the EPA's Ecoaccess Customer Service Unit, PO Box 15155 CITY EAST
4002 and an electronic copy to [email protected] 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, the EPA has
not provided a notification to native title parties.
If you require more information, please contact Jessica Johnson, the Project Manager, on the telephone
number listed below.
Yours sincerely : ;
Enquiries:
Ben Sale ES - Reg Serv - Bne North - Sunshine Coast -
Delegate EPA .
Environmental Protection Agency PO Box 168 ~ ,
12 February 2009 . COTTON TREE QLD 4558
Phone: (07) 5459 6132
Fax: (07) 5443 9927
Page 3 of 3 * AF080109 Environmental Protection AgencySection 4
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Bee ENS | en 6 ag 6 Mae Section!3:3.16 and|3.3.18 Integrated Planning Act 1997
EPA Permit’ number: IPCC01277908
Our Reference: 331175
EPA Permit’ number: IPCC01277908
Assessment Manager reference: 2008/1787
Date application received by EPA: 19 November 2008
Permit! Type: Concurrence Response for a MCU within a coastal management
district
Applicant: Seahaven Development Pty Ltd.
Date of Decision: 12 February 2009.
Decision: The conditions contained in EPA permit number: IPCC01277908
‘ must attach to any development approval.
soe, Coastal Protection and Management Act 1995 and any
Relevant Laws and Policies: subordinate legislation
Jurisdistion: Item 6 in Table 3 of Schedule 2 of the integrated Planning.
. Regulation 1998
. MCU completely or partly within a coastal management district if
Aspect of Development: the MCU involves certain operational work
Development Description
Property = [Lot/Plan
11 Hastings ST,NOOSA [Lot 5 Plan RP893438
HEADS QLD 4567 .
13 Hastings ST,NOOSA |Lot 10 Plan BUP4864, Lot 11 Plan BUP4864, Lot 14 Plan BUP4864, Lot 15 Plan
HEADS QLD 4567 BUP4864, Lot 16 Plan BUP4864, Lot 17 Plan BUP4864, Lot 22 Plan BUP4864, Lot
23 Plan BUP4864, Lot 24 Plan BUP4864, Lot 28 Plan SP103607, Lot 29 Plan
P103607, Lot 30 Plan SP103607, Lot 31 Plan SP103607, Lot 32 Plan SP103607,
Lot 33 Plan S$P103607, Lot 34 Plan SP103607, Lot 35 Plan SP103607, Lot 36 Plan
: P103607, Lot 37 Plan SP103607, Lot 38 Plan SP103607, Lot 39 Plan SP103607,
Lot 4 Plan BUP4864, Lot 5 Plan BUP4864, Lot 6 Plan BUP4864, Lot 7 Plan
' Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as
required by legislation administered by the Environmental Protection Agency and the Queensland Parks and
Wildlife Service
Page 1 of 6 .
. ‘ Queensland Government
Environmental Protection Agency Environmental Protection Agency
www.epa.qid.gov.au ABN 87 221 158 786 Queensland Parks and Wildlife ServiceSection 5
EPA Permit number: IPCC01277908 _
BUP4864, Lot 8 Plan BUP4864, Lot 9 Plan BUP4864, Lot CP Plan BUP4864, Lot CP
Plan SP103607
19 Hastings ST,NOOSA [Lot 12 Plan RP908660
HEADS QLD 4567
9 Hastings ST,NOOSA __ [Lot 4 Plan RP893438
HEADS QLD 4567
Reasons for inclusion of Development Conditions
In accordance with section 3.3.18(8) 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 Environmental Protection Agency 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.
The Activity for which this development approval is issued is simply a restatement of the activity as prescribed
in the legislation at the time of issuing this development approval. Where there is any conflict between the
above description of the Activity for which this development approval is issued and the conditions as specified
in this development approval as to the scale, intensity or manner of carrying out of the Activity, then such
conditions prevail to the extent of the inconsistency.
This development approval authorises the Activity. It does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authorises that harm. Where there is
no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not be
construed as authorising harm.
Additional information for applicants
Itis a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 3 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within twenty
two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental
Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection
Act 1994,
This concurrence response pursuant to the /ntegrated Planning Act 1997 and assessed against section 104 of
the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals 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.
Currently the area for the proposed works has been developed to a scale and intensity that the preferred option
of retreat from an erosion prone area in not achievable. In such developed area, structural engineering and
stabilisation works will be initiated only as a last resort where erosion presents an immediate threat to public
safety or property and infrastructure that is not expendable. These works are the responsibility of the landholder
and are to be implemented within the landholders property boundary at their own expense.
Additional information for the Assessment Manager
The Environmental Protection Agency referral agency jurisdiction for the development application is confined to
that aspect of the application involving the triggers identified in the response. EPA has no referral agency
jurisdiction in relation to other aspects of the development application.
in this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state
planning policy. The assessment manager is required to give due consideration to the relevant State planning
policies when deciding the application.
Page 2 of 6 Environmental Protection AgencySection 6
\ EPA Permit number: iPCC01277908
If you require more information, please contact Jessica Johnson, the Project Manager, on the telephone number
listed below.
Yo cerely
‘
Ben Sale Enquiries:
Delegate ES - Reg Serv - Bne North - Sunshine Coast -
Environmental Protection Agency EPA
12 February 2009 PO Box 168
COTTON TREE QLD 4558
Phone: (07) 5459 6132
Fax: (07) 5443 9927
Page 3 of 6 : Environmentat Protection AgencySection 7
EPA Permit number: '!PCC01277908
CONDITIONS OF APPROVAL
Agency Interest — General
General
1. All excess materials associated with the construction of the works are to be removed from the site at the
completion of the works and all wastes shall be collected from the site and disposed of at a licensed
waste facility.
2. Your attention is drawn to the provisions of the Environmental Protection Act 1994 and the genera!
environmental duty of care not to pollute the environment or create a contaminated site when undertaking
works.
Site Based Management Plan
3. Prior to the commencement of works, a Site Based Management Plan (SBMP) must be prepared and be
implemented during construction of the works. The SBMP must identify all sources of environmental
harm, including but not limited to the actual and potential release of all contaminants, the potential impact
of these sources and what actions will be taken to prevent the likelihood of environmental harm being
caused. The SBMP must also provide for the review and ‘continua! improvement in the overall
environmental performance of activities to which this approval relates.
The SBMP must address the following matters:
(a) environmental commitments - a commitment by senior management to achieve specified and
relevant environmental goals;
(b) identification of environmental issues and potential impacts;
(c) control measures for routine operations to minimise likelihood of environmental harm;
(d) contingency plans and emergency procedures for non-routine situations (including but not limited to
the emergency protocol when spills occur and the amount of neutralising agent to be kept onsite);
(e) organisational structure and responsibility;
(f) effective communication;
{g) monitoring of contaminant releases;
(h) conducting environmental impact assessments;
(i) staff training;
(j) record keeping; and
{k) periodic review of environmental performance and continual improvement.
4. The SBMP must not be implemented or amended in a way that contravenes any condition of this
approval.
Prevent Release of Contaminants
5. You must ensure that all appropriate measures are taken to prevent the release of contaminants as a
result of silt runoff, chernical spills, concrete truck washout and alike. Concrete agitator wash out shall
only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill.
Wastewater from cleaning equipment shall not be discharged directly or in-directly to any waters.
Land
6. Any areas disturbed by the works are to be immediately stabilised against wind erosion and rainwater
run-off erosion.
7. All rock, stone, gravel, sand or other material used in the construction of the works must be:
(a) clean and free of silt;
(b) suitable for the purpose having regard to the location of the land and to the proposed use of the
land; and
(c) free from contaminants.
Page 4 of 6 , Environmental Protection AgencySection 8
en: EPA Permit number: _IPCC01277908
8. Any erosion or loss of sand surrounding the works that occurs because of changes caused by the works
must be immediately rectified. ,
Acid Sulfate Soils
9. The latest edition of the Queensland Environmental Protection Agency's INSTRUCTIONS FOR THE
TREATMENT AND MANAGEMENT OF ACID SULFATE SOILS, 2001, must be complied with when
treating and managing acid sulfate soils.
10. Acid sulfate soils must be managed such that contaminants are not directly or indirectly released to any
waters.
Water Quality
11. Contaminants must not be released from the site to any waters or the bed and banks of any waters.
12. All appropriate measures must be taken to prevent the release of contaminants (including but not limited
to sediment runoff, fuel, oil and hydraulic fluid) to any waters or the bed and banks of any waters during .
construction of the works.
13. Any excavation or filling on site must be constructed, installed and maintained:
(a) so as to maintain the local and regional drainage or hydrological systems;
(b} so that changes in water chemistry will not impact on ecological values on or off site;
(c) so that any changes in surface water hydrology do not result in any adverse impacts to surrounding
environmental values.
Storm Water
14. Design and construction of works stormwater drainage must ensure that all contaminants are captured
and retained within the works area.
15. Any stormwater outlet from the site must be constructed and maintained to prevent the release of
contaminants and localised erosion or scouring. Any erosion or scouring that occurs must be repaired
immediately.
Coastal Management
16. The works must not result in any adverse impacts on the surrounding environment, nor cause any long-
term maintenance and management implications.
17. Should the works be damaged as a result of sea erosion or storm tide inundation, the approval holder .
shall be responsible for the removal of all debris.
18. The chief executive administering the Coastal Protection and Management Act 1995 may order the works
to be removed or modified, within a reasonable time, if the works have or are likely to have a significant
effect on coastal management because the works:
(a) create a danger to the public; or
(b) cause erosion or land degradation; or
(c) are unstable.
Page 5 of 6 | Environmental Protection AgencySection 9
EPA Permit number: iIPCC01277908 | _
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.
“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 development approval.
“commercial place" means a place used as an office or for business or commercial purposes. -
“Environmental Protection Agency” means the department or agency (whatever called) administering the
Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994.
“land” in the “land schedule” of this document means land excluding waters and the atmosphere.
“noxious” means harmful or injurious to health or physical well being.
“nuisance sensitive place” includes —
« adwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises; or
* amotel, hotel or hostel; or
»® a kindergarten, school, university or other educational institution; or
= amedical centre or hospital; or
" aprotected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World
Heritage Area; or
«= a public thoroughfare, park or gardens; or
= aplace 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.
“offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive.
“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.
“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.
"works" or “operation” means the development approved under this development approval.
“you" means the holder of this development approval or owner / cccupier of the tand which is the subject of
this development approval.
7
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