Decision Notice - Concurrence Agency - QT [As Published] · 142008.613

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      07/244-1                   Framing Layout, Water Allocation January 2008
                                 Plan – John Norden & Associates
      07/244-2                   Side Elevation, Section A, Detail 1 – January 2008
                                 3, Front Elevation – John Norden &
                                 Associates

      and as may be amended by these conditions and annotations made on the plans.
2.    The boat ramp indicated on the plans shall be deleted.
3.    The jetty shall be constructed such that no part of the jetty stands less than 3.0
      metres from the prolongation of the side boundary lines of the subject site as
      described in section 1.1 of Council’s Planning Scheme Policy 4 – Domestic Marine
      Uses Outside of Noosa Waters Estate.
4.    Structures should be designed and constructed such that they are free standing
      within the waterway and are not connected to or behind the revetment wall or rock
      wall.
5.    A rigid handrail shall be fitted on one side of the walkway.
6.    No posts or vertical supports of the proposed jetty are to extend vertically from the
      structure unless they provide support for the handrail.
7.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose
      of elevating a vessel above the water without Council approval.
8.    The jetty shall be constructed in a manner to render the underside area vermin proof.
9.    There shall be no electrical reticulation system carrying electricity in excess of 24
      volts beyond the revetment wall.
10.   Lighting associated with the use shall be designed, installed, operated, and
      maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects
      of Outdoor Lighting.
11.   The jetty is to be used for private purposes only with no commercial operations are to
      be undertaken.
12.   Boat repair activities will not be permitted on site.
13.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
14.   The mooring facility shall not be utilised for live-aboard purposes.
15.   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 1997.
16.   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.

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17.    Certification by a Registered Professional Engineer of Queensland shall be submitted
       to Council prior to the return of any bond monies held by Council. The certification
       shall state that the jetty has been constructed:
       17.1. In accordance with best practice methods and is structurally sound,
       17.2. In accordance with the conditions of this approval, and
       17.3. In accordance with the relevant sections of the Coastal Protection and
             Management Act 1995 and the Coastal Protection and Management
             Regulation 2003 for the proposed use. A final inspection and approval of the
             structure by Council’s Inspector is required prior to the return of any bond
             monies held by Council. Please contact Council’s Land Use Section to arrange
             the inspection.
       A final inspection and approval of the structure by Council’s Inspector is also required
       prior to the return of any bond monies held by Council. Please contact Council’s
       Land Development Section to arrange the inspection.
18.    The jetty shall be licensed with the Council upon completion of the structural work and
       shall be licensed annually thereafter.
5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger          Referral          Referral Agency      Referral Address
                           Status

 Operational Work that     Concurrence       Queensland           Maritime Operations
 is Prescribed Tidal                         Transport            MacArthur Ave East
 Work                                                             PINKENBA QLD 4008
A copy of any referral agency conditions is attached.
6      APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the
following table:
 Plan / Document Rev. Plan / Document Name                              Date
 No.
 07/244-1                       Framing Layout, Water Allocation January 2008
                                Plan – John Norden & Associates
 07/244-2                       Side Elevation, Section A, Detail 1 – January 2008
                                3, Front Elevation – John Norden &
                                Associates

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions
of approval:

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1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the
   Integrated Planning Act must be made. Amended plans clearly indicating the changes
   must be lodged with this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999
   and Local Law No. 12, prevents a builder or building contractor carrying out building
   work on a building site in a way that makes or causes audible noise to be made from
   the building work:-
     2.1. On a Sunday or public holiday, at any time; or
     2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
     A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991
   Act if the cost of operational works exceeds $80,000, then a portable long service leave
   levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is
   required to sight the approved form issued by the Building and Construction Industry
   (Portable Long Service Leave) Authority that confirms that the requirements of the Act
   have been satisfied. A statutory declaration outlining the cost of the operational works
   must be submitted to Council prior to commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss
any obligations under the ACH Act.
8      PROPERTY NOTES
Not applicable
9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of         Development      Permit Subject of the required Development Permit
 required
 Nil

11     SELF ASSESSABLE CODES
Not applicable

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12    SUBMISSIONS
Not applicable
13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14    RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council
about the conditions contained within the development approval. If Council agrees or part
agrees with the representations, a “negotiated decision notice” will be issued. Only one
“negotiated decision notice” may be given. Taking this step will defer your appeal period,
which will continue after Council makes its decision. (Refer to sections 3.5.17 and 3.5.18 of
the Integrated Planning Act 1997).
15    OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies of
Council’s decision are available on line at www.sunshinecoast.qld.gov.au, or at Council
Offices.

Yours faithfully,



Kerri Coyle
SENIOR PLANNING OFFICER

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Referral Agency Conditions – Queensland
Transport
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

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[OCR of page images]
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The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on channel
depths and draft restrictions.

Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.

Any ships using this structure must comply with the Zransport Operations (Marine Safety) Act
4994 and the Transport Operations (Marine Safety) Regulation 2004.

Any ship moored at this jetty and boat ramp must not impede the safe navigation of other ships or
restrict safe access to or from neighbouring structures.

. Any ship moored or dry berthed at this structure must not exceed the following sizes:
Wet Berth Dry Berth
Length Overall - 5 metres N/A
Beam - 2 metres

11. The contractor must construct the jetty and boat ramp within two years from the date of approval.

If construction is not completed, you will need additional or amended comments from the
Regional Harbour Master.

Maritime Safety Queensland does not need to be further consulted if all of the abave conditions are
met.

The above conditions must be included in your application to the assessment manager,

This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

wera. :

Captain Richard C Johnson
Regional Harbour Master (Brisbane)

Maritime Safety Queensiand Page 2 of 2

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                                              Appeal Rights
                                             INTEGRATED PLANNING ACT 1997 & 1998 REGULATION


                                                                  (5) If an application is processed under section
The following is an extract from the Integrated               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).                                     application are available only for the aspects of the
Division 8 - Appeals to court relating to                     development that would have required public
development applications                                      notification under the repealed Act.
Appeals by applicants
                                                                  (6) If an application involves assessment
4.1.27.(1) An applicant for a development                     against a concurrence agency code, appeal rights
application may appeal to the court against any of            for submitters for the application are not available
the following-                                                against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a                 concurrence agency’s response for the code.
    development application;                                  Appeals by advice agency submitters
(b) a matter stated in a development approval,                4.1.29.(1) An advice agency may, within the limits
    including any condition applying to the                   of its jurisdiction, appeal to the court about the
    development, and the identification of a code             giving of a development approval for a
                         1
    under section 3.1.6;                                      development application if-
(c) the decision to give a preliminary approval               (a) the development application involves impact
    when a development permit was applied for;                    assessment; and
(d) the length of a currency period;                          (b) the advice agency told the applicant and the
(e) a deemed refusal.                                             assessment manager to treat its response to
    (2) An appeal under subsection (1)(a) to (d)                  the application as a submission for an appeal.
must be started within 20 business days (the                      (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the                business days after the day the decision notice or
decision notice or negotiated decision notice is              negotiated decision notice is given to the advice
given to the applicant.                                       agency as a submitter.
    (3) An appeal under subsection (1)(e) may be              Appeals for matters arising after approval given
started at any time after the last day a decision on          (co-respondents)
the matter should have been made.                             4.1.30.(1) For a development approval given for a
Appeals by submitters                                         development application, a person to whom any of
4.1.28.(1) A submitter for a development                      the following notices have been given may appeal
application may appeal to the court about-                    to the court against the decision in the notice-
(a) the giving of a development approval, including           (a) a notice giving a decision on a request for
    any conditions (or lack of conditions) or other               extension of the currency period for an
    provisions of the approval; or                                approval;
(b) the length of a currency period for the approval.         (b) a notice giving a decision on a request to make
                                                                  a minor change to an approval.
    (2) The appeal must be started within 20
business days (the “submitters appeal period”)                    (2) The appeal must be started within 20
after the day the decision notice or negotiated                       business days after the day the notice of the
decision notice is given to the submitter.                            decision is given to the person.
    (3) If a person withdraws a submission before                 (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not                        approval resulted from a development
appeal the decision.                                                  application (superseded planning scheme)
                                                                      that was assessed as if it were an
    (4) If an application involves both impact                        application under a superseded planning
assessment and code assessment, appeal rights                         scheme.
for submitters are available only for the part of the
application involving impact assessment.                          (4) Also, a person who has made a request
                                                                      mentioned in subsection (1) may appeal to
                                                                      the court against a deemed refusal of the
                                                                      request.

1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)

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    (5) An appeal under subsection (4) may be                 For Building Works Only
        started at any time after the last day the            Rights of appeal conferred by Section 4.2.9 of the
        decision on the matter should have been               Integrated Planning Act 1997 as follows:
        made.
                                                              Division 3 – Appeals to tribunals relating to
Division 9 - Appeals to court about other                     development applications
matters
                                                              Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)                                           4.2.9(1) An applicant for a development application
                                                              may appeal to the Building and Development
4.1.31.(1) A person to whom any of the following              Tribunal against any of the following-
notices have been given may appeal to the court
against the decision in the notice-                           (a) the refusal, or the refusal in part, of a
                                                                  development application;
(a) a notice giving a decision on a request to
    change or cancel a condition of a development             (b) a matter stated in a development approval,
    approval.                                                     including any condition applying to the
                                    2                             development, and the identification of a code
(b) a notice under section 6.1.44 giving a decision               under section 3.1.6;
                                                                                        3
    to change or cancel a condition of a
    development approval.                                     (c) the decision to give a preliminary approval when a
                                                                    development permit was applied for;
    (2) The appeal must be started within 20
                                                              (d) the length of a period mentioned in section 3.5.21
        business days after the day the notice of the
                                                                    currency period;
        decision is given to the person.
                                                              (e) a deemed refusal.
    (3) Also, a person who has made a request
        mentioned in subsection (1)(a) may appeal                (2) An appeal under subsection (1)(a) to (d) must
        to the court against a deemed refusal of the          be started within 20 business days (the “applicant’s
                                                              appeal period”) after the day the decision notice or
        request.
                                                              negotiated decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be
                                                                  (3) An appeal under subsection (1)(e) may be
        started at any time after the last day the            started at any time after the last day a decision on the
        decision on the matter should have been               matter should have been made.
        made.
                                                              The Registrar for the Building and Development
Appeals against decisions to change approval                  Tribunal may be contacted at the website
conditions under the repealed Act                             http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
    (2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.


2
     Section 6.1.44 (Conditions may be changed or
                                                              3
    cancelled by assessment manager or concurrence                 Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                              local planning instrument)