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Concurrence Agency Response - DERM

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                                                                                                    60334849


Department of Environment
and Resource Management                                                                             Notice
                                                                   Concurrence Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to section 287
(concurrence agency response) of the Sustainable Planning Act 2009 (`the Act').




Sunshine Coast Regional Council                              cc.      Bayeno Pty Ltd
Locked Bag 72                                                         c\o Noosa Mapping
Sunshine Coast Mail Centre                                            PO Box 257
QLD 4560                                                              Tewantin QLD 4565

Attn: Mark Lewis                                                      Attn: Jim Toovey


                                                                      Our reference: 355664

Re:       Concurrence Agency Response for Operational Works - Prescribed Tidal
          Works at Lot 158 on Plan SP233178 (256 Gympie Terrace, Noosaville)


1.        Application Details

          Assessment Manager ref.:          ML011:MXM:OPW10\2192

          Date application referred to DERM:

                                            6 January 2011
          Development approval applied for:

                                            Development permit
         Aspect of development:
                                            Operational work that is tidal works or works within a coastal
                                            management district: Sustainable Planning Regulation 2009
                                            Schedule 3, Part 1, Table 4, Item 5(a)


         Development description:

                                            Operational works - Prescribed Tidal Works
         Property/Location description:

                                           Lot 158 on Plan SP233178, 256 Gympie Terrace, Noosaville QLD
                                           4566 on Noosa River



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Page 1 of 2 •091217
Department of Environment and Resource Management
                                                                              0
                                                                                       Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485
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Page 2

                                                                                                         Notice
                                                                   Concurrence Agency Response

2.        The Chief Executive, Department of Environment and Resource Management (DERM) concurrence
          agency response, for the aspect of development involved with the application the subject of this
          Notice is to tell the assessment manager as follows.

(a)       Conditions must attach to any development approval, and those conditions are attached to this
          Notice.

(b)       Any approval must be for only part of the development, and that approved part of the development
          is described as follows;

          (i) Addition of a roofed deck to existing jetty - 3.5m x 4.Om (approx)


5.        General advice to assessment manager

Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice issued
by the assessment manager must be forwarded to DERM as a referral agency for the relevant application at
Department of Environment and Resource Management PO Box 168 Maroochydore QLD 4558 and an
electronic copy to eco.access(derm.gld.pov.au.

The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the
relevant application has not provided notification to native title parties.

6.       Additional comments or advice about the application
Nil

7.       Additional information for applicants
It is 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 and Schedule 4 of the Environmental
Protection Act 1994) is being carried out on this land or that the land has been, or is being contaminated
by a hazardous contaminant, the owner or occupier must, within twenty two (22) business days after
becoming so aware give written notice to .




Ben Sale                                                          Enquiries:
Delegate                                                          Rod Garner
Chief Executive administering the Coastal Protection and          Department of Environment and Resource
Management Act 1995 and Environmental Protection Act              Management
1994                                                              PO Box 168 Maroochydore QLD 4558
                                                                  Phone: (07) 54 596 132
Department of Environment and Resource Management
17 January 2011                                                   Fax:    (07) 54 439 927
                                                                  Email: [email protected]

Attachment(s)
DERM Permit Number SPCC01470411




Page 2 of 2 • 091217                                           Department of Environment and Resource Management

Page 3

Department of Environment
and Resource Management

                                                                                              Sustainable Planning Act 2009


                                                               DERM Permit 1 number:                                SPCCO147O411

    Assessment manager reference:                       ML011:MXM:OPW10/2192


    Date application received:                          6 January 2011

    Permit type:                                        Concurrence Agency response, Development permit

    Date of decision:                                    17 January 2011


    Decision:                                            For a concurrence agency response

                                                        conditions that must attach to any development approval


    Relevant laws and policies:                          Environmental Protection Act 1994, Coastal Protection and
                                                         Management Act 1995 and any related statutory instruments
                                                         and subordinate legislation

    Jurisdiction(s):                                     Operational work that is tidal works or works within a coastal
                                                         management district: Sustainable Planning Regulation 2009
                                                         Schedule 3, Part 1, Table 4, Item 5(a)



Development Description(s)


                     Property/Location                                                           Development

    256 Gympie Terrace,                  Lot 158 on Plan             Operational works - Prescribed Tidal Works
    Noosaville QLD                       SP233178


Reason(s) for inclusion of conditions

In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
stated in this permit required by the concurrence agency response for the application are as follows;

The conditions are included pursuant to section 73B of the Environmental Protection Act 1994 and section 106
of the Coastal Protection and Management Act 1995.


1
  Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.



Page 1 of 2 • 091217
Department of Environment and Resource Management                                                      Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485

Page 4

                                                           DERM Permit number: SP0001470411


CONDITIONS
Cl: The works must not have any direct or indirect impact upon the environmental values of the coastal
management district within the site and the environmental values of the waterway are to be maintained-

C2: Should the works have any adverse environmental impacts upon the coastal management district,
the holder of this approval will be responsible at their expense for any rectification works necessary
and\or the removal of the works causing the impacts.

C3: The approval holder must maintain the works in a safe condition (refer to Section 124 of the Coastal
Protection and Management Act 1995).

C4: The chief executive administering the Coastal Protection and Management Act 1995 may order
the works be removed or modified, within a reasonable time, if the works have or are likely to
have a significant effect upon the coastal management district because the works:

     (a) create a navigation hazard or other danger to the public; or
     (b) cause erosion or land degradation; or
     (c) are unstable or have not been constructed according to approved plans.



                                    END OF CONDITIONS




Ben Sale
Delegate
Delegate, Chief Executive administering the Coastal Protection and Management Act 1995 and Environmental
Protection Act 1994
Department of Environment and Resource Management
17 January 2011




Page 2 of 2 • 091217                                               Department of Environment and Resource Management

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