Decision Notice - Approved by Delegation of Authority OPW17 0592 · OPW17/0592

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW17/0592 : JELDER
Your Reference:	14691
13 March 2018
Superior Jetties
PO Box 920
NERANG  QLD  4211
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 March 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW17/0592
Street address:	Jetty 248 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 155 CP 900479
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (Pontoon)
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Vessels associated with the marine use of the facility must only be moored within the approved lease area
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.
Plan No.	Rev.	Plan/Document Name	Date
14691-D01	A	General Arrangement Plan, prepared by Superior Jetties	02/11/2017
14691-D02	A	Elevation & General Notes, prepared by Superior Jetties	03/11/2017
14691-D03	-	Pontoon Construction Detail – Pontoon W1 prepared by Superior Jetties	08/09/2017
14691-D04	-	Pontoon Construction Detail – Pontoon W2 prepared by Superior Jetties	08/09/2017
14691-D05	A	Pontoon Construction Detail – Pontoon W3 prepared by Superior Jetties	03/11/2017
14691-D06	A	Pontoon Construction Detail – Pontoon W4 prepared by Superior Jetties	03/11/2017
14691-D07	-	Gangway Construction Detail, prepared by Superior Jetties	11/09/2017
14691-D08	A	Plan Showing Vessel Arrangement, prepared by Superior Jetties	02/11/2017
All structures associated with the development must be constructed wholly within the approved area.
Structures must 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. Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
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.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
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.
Certification by a Registered Professional Engineer of Queensland that states that the works have been constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans.
All necessary State government approvals relating to this development must be obtained.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDMIP	Planning Regulation 2017 Schedule 10, Part 17-Tidal Works or Works in a Coastal Management District	The agency provided its response on 12/02/2018 (Reference No. 1801-3468 SRA).

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
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
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.
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.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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:	Referral Agency Response
Appeal Rights
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 13

[Attachment: image10.png (image text)]
‘+ To-ensure that the development does not encroach on the navigable waterway in a way that
lmpedes the safe passage of vessels.

‘+ Tocensure the development does not impede the safe navigation of other ships or restrict safe
‘access to or fom adjacent structures.

‘+ Tocensure the development is cariad out generally in accordance wit te plans of development
_submitad withthe application.

‘© Tocensure impacts on coastal values (water quality) are avoided or minimised

4+ Tocensure importation of materials does nat result in adverse impacts on coastal values. Chemical
and other contaminants have the potential to have an unacceptable impact on coastal values.

‘© Tocensure damaged structures do not impact on coastal resources and public safety.

Findings on material questions of fact

‘© The development application is to redevelop an existing jetty to construct anew pontoon and
gangway.

‘+The proposed development site is within an existing developed marina andi for 2 marine access
purpose.

1+ The proposed development site is within an existing lease iesued under the Land Act 1994

‘+The proposed development site is within the erosion prone area and high storm tide inundation area
for coastal protection assessment

4+ The proposal qualifies for FastTrack 6 assessment for tidal works ~ coastal protection (operational
work).

‘+The proposal does not impede the safe movement of vessels.

‘+The proposal does not interfere with aids to navigation.

Evidence or other material on which the findings ware based

‘© Submited development appiation material

‘+ State Development Assessment Provisions published by the Department of Infrastructure, Local
‘Goverment and Planning, version 2.1

+ DARules

+ Planning Act 2016

‘© Planning Regulation 2017

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagezer2


[Attachment: image11.png (image text)]
ee) NOOSA COUNCIL


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Queensland
‘Soverment

State Development,
Manufacturing,
Infrastructure and Planning

Ourreference: 1801-0408 SRA
Yourreference: OPWITIDEGZ
‘Applicant reference: 14601

12 February 2018

“The Chief Exeoutve Officer
Noosa Shire Council

PO Box 141

TEWANTIN QLD 4505
[email protected]

Attention: Mark Lewis

Dear MeLewis

Referral agency response—with conditions
(Given under seston 66 ofthe Planning Act 2016)

“The development application described below was properly refered to the Department of State
Development, Manufacturing, Inrastucture and Planning on 17 January 2018.

Applicant details
“Applicant name: ‘Sereia Marne Ply Lid
‘Applicant contact details: PO Box 920
NERANG QLD 4211
[email protected]
Location details
‘Street address: 7248 Gympie Terrace, Noosavile

Real property descripion: Lot 168 on CP900479

Local government area: Noosa Shire Couneit
Application details
Development permit ‘Operational work for presorbed tidal works (pontoon and gangway)

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Referral triggers
“The development application was refered tothe depariment under the folowing provisions of the
Planning Regulation 2017:

© 1017324 Tidal works or workin a coastal management distict
© orraas Tidal works or workin a coastal management distict
Conditions:

Under section 5¢(1)(6)) of the Planning Act 2016 (the Act) the conditions set outin Attachment 1 must
be attached to any development approval,

Reasons for decision to impose conditions
“The deparment must provide reasons forthe dacision to impose conditions. These reasons are set out in
Atschment 2

‘Approved plans and specifications
“The department requires thatthe plans and specications set out below and enclosed must be attached

to any development approval

 

Drawingireport title Prepared by [Date Reference no. | Versionfissue

 

‘Aspect of development: Operational work

 

Proposed pontoon and | Superior Jeties | 2November2017 | 1aeer-D0s |
sgangway. plan showing
vessel arrangement

 

 

 

 

 

 

 

‘A copy ofthis response has been sent othe applicant for their information,

For further information please contact Candace Michell, Planning Officer on 5362 8708 or via email
‘SEGNortiSARA@igp qld gov.2u who wil be pleased to assist.

‘Yours sincerely

 

Garth Nolan
Manager (Pisnning)

‘co Sersia Marine Pty Lis, engineerng@superixjeties om
lene Attachment 1~Constions to be imposed

‘ataorment Reasons for decision to mpose condone
‘Approve plans and specications

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagezers


[Attachment: image5.png (image text)]
[Attachment 1—Conditions to be imposed

 

Conditions

‘Condition timing

 

Development Permit - Operational Work

 

Toa.

3.2.1 ~ Tidal works or work in a coastal management distict—The chief executive administering

the Planning Act 2016 nominates the Director-General of the Department of Transport and Min Reads

to be the enforcement authority for the development to which this development approval relates forthe
istration and enforcement of any matter relating othe folowing consiton(s:

 

(2) Provide writen notice to Regional Harbour Master (Brisbane).
Maritime Safety Queensland, Flor 1, Pinkenba Marine
‘Operations Base, MacArthur East, Pinkenba QLD 4008, when
the development authorised under this approval ie scheduled to

Each notice must state ths application number. the location and
ame of registered place and the conditon number under which
the notice is been given.

(©) Provide writen notice to Regional Harbour Master (Brisbane).
Maritime Safety Queensland, Flor 1, Pinkenba Marine
‘Operations Base, MacArthur East, Pinkenba QLD 4008, when
the development authorised under this approval has been
‘completed

Each notice must state ths application number, the location and
name of registered place and that condtion number under which
the notice being given,

(a) Atleast wo 2)
weeks prior to the
‘commencement of
works:

() within two (2)
weeks of the
‘completion of works

 

"Any navigational ad that is damaged due tothe construction,
‘operation or maintenance ofthe approved development must be
promptly repaired or replaced atthe applicants cost. nthe event
that any damage is caused to any aid to navigation, the Harbour
Master must be immediately contacted at

Marie Safety Queensland
Floor 1 ~Pinkenba Marine Operatons Base
“MacArthur Avenue East Pinkenba QLD 4008
‘Telephone: 07 3622 7500,

tales,

 

‘All vessels, structures, plant and equipment associated with the
‘construction ofthe approved works must be litmarked in accordance

withthe folowing specifications and requirements such that
Undertaking the construction works does not cause a risk othe safe

‘navigation of ships:
(a) Any anchors deployed must be marked with yellow buoys
and fitted with FL yellow lights.

Lighting provided must not obscure, disguise or otherwise interfere
wth the efactvaness of navigational fghting.

While the works are
ccouring

 

“The construction, operation or maintananoe ofthe structure, and any
ship moored at this structure, must not impede the safe navigation of
‘ther ships or restrict safe access to or from neighbouring structures

tales,

 

 

(8) Any debris or similar obstruction encountered whilst undertaking
the work must be disposed of at he applicant's cost
() Allples andlor structures to be demolished, both above and

 

 

While the works are
ccouring

 

 

Deparment ot State Development, Manuacumng,Intasiuchre and Paming

Pagesers


[Attachment: image6.png (image text)]
 

below the waterine must be completed exiractediremoved

 

10.17.3.1.1— Tidal works of work ina coastal management distict_—The chief executve administering |

the Planning Act 2016 nominates the Diractor-General ofthe Department of Environment and Science

to be the enforcement authority for the development to which this development approval relates forthe
istration and enforcement of any matter relating othe folowing consiton(s:

 

“The pontoon and gangway must be carried out generally in
accordance with the following plans:
(a) Proposed pontoon and gangway. plan showing vessel
arrangement prepared by Superior Jeties dated 2 November
2017 and drawing number 14031-D08

Forthe duration of
works and to be
maintained

 

"Any operator and contractor involved in te works 10 which his
‘approval relates must:
(2) Be provided a copy of these referral agency conditions:
(6) Instat al measures, plant and equipment nesessary to
censure compliance withthe conditions of tis approval,
(6) Msinisin such measures plant and equipment in a proper
and efficent conditon: and
(4) Operste such measures, plant and equipment in 8 proper
land ecient manner,

‘During construction

 

For the pontoon and gangway only use materials which are free from
‘contaminants as defined under sation 11 of the Environment
Protection Act 1994

‘During construction

 

 

‘Should the works become damaged as a result f erosion, fooding
Cor storm tde inundation, the registered landowner(s) ofthe subject
land shall be responsible forthe removal of all debris at thei own |

 

expense,

‘tall imes.

 

 

 

Deparment ot State Development, Manuacumng,Intasiuchre and Paming

Pagecers


[Attachment: image7.png (image text)]
[Attachment 2—Reasons for decision to impose conditions

“The reasons for this decision are:

‘© To facitate the monitoring ofthe development works for compliance purposes.

‘© Tocensure tat the development does not interfere with an exising aid to navigation

‘© Tocensure that at all imes, lights on or above the development site donot interfere wih safe
navigation in surrounding waterways.

‘+ Tocensure that the development does not encroach on the navigable waterway in a way that
lmpedes the safe passage of vessels.

‘+ Tocensure the development does not impede the safe navigation of other ships or restrict safe
‘access to or fom adjacent structures.

‘+ Tocensure the development is cariad out generally in accordance wit te plans of development
_submitad withthe application.

‘© Tocensure impacts on coastal values (water quality) are avoided or minimised

4+ Tocensure importation of materials does nat result in adverse impacts on coastal values. Chemical
‘and other contaminants have the potential to have an unacceptable impact on coastal values.

‘© Tocensure damaged structures do not impact on coastal resources and public safety.

Findings on material questions of fact

‘+ The development application is to redevelop an existing jetty to construct anew pontoon and
gangway.

‘+The proposed development site is within an existing developed marina andi for 2 marine access
purpose.

“+The proposed development site is within an existing lease iesued under the Land Act 1994

‘+The proposed development site is within the erosion prone area and high storm tide inundation area
for coastal protection assessment

‘+The proposal qualifies for FastTrack 6 assessment for tidal works coastal protection (operational
work).

‘+The proposal does not impede the safe movement of vessels.

‘+The proposal does not interfere with aids to navigation.

Evidence or other material on which the findings were based

‘© Submitted development appication material

‘+ State Development Assessment Provisions published by the Department of Infrastructure, Local
‘Goverment and Planning, version 2.1

+ DARules

+ Planning Act 2016

‘© Planning Regulation 2017

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagesers


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Queensland
‘Soverment

State Development,
Manufacturing,
Infrastructure and Planning
Department of State Development, Manufacturing, Infrastructure and Planning
Statement of reasons for application 1801-3468 SRA
(Given uncer section 86 ofthe Planning Act 2016)

Departmental ole: Referral agency
details
“Applicant name: ‘Sereia Marine Py Lid
‘Applicant contact des: PO BOX 020
NERANG QLD 4211

‘[email protected]

Location details

 

 

‘Street address: 7248 Gympie Terrace, Noosavile
Real property descripon: Lt 158 on CP00478
Local government area: Noosa Shire Council
Development details
Development permit ‘Operational work for presoribed tidal works (pontoon and gangway)
‘Assessment matters
‘Aspect of development “Applicable codes
requiring code assessment
Planning Regulation 2017, ‘Sista Development Assessment Provisions (SDAP), version 2.1,

‘Schedule 10, par 17, Division 3, | Appendix 2, FastTrackS qualifying citeria checklist 5, Tidal works —
‘Table 1, tem 1 Tidal works or | coastal protection (operational wor).

‘workin a coastal management

istic

 

Planning Regulation 2017, “Sista Development Assessment Provisions (SDAP), version 2.1,
‘Schedule 10, par 17, Division 2, | State Code 7: Martie Safety,

“Table 2, tem 1 ~ Tidal works oF

“workin a coasts! management
istic

 

 

 

 

Reasons for the department's decision
“The reasons for the decision are

‘+ To facitate the monitoring of the development works for compliance purposes.

‘© Tocensure tat the development does not interfere with an exising aid to navigation

‘+ Tocensure that tall imes, all ights on or above the development site do ct intrfae wih safe
navigation in surrounding waterways.

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