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2204-28387 SRA Response with conditions (MCU22_0048 & OPW22_0089)
RA6-N SARA reference: 2204-28387 SRA Council reference: MCU22/0048 OPW22/0089 Applicant reference: 21280 26 May 2022 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin Qld 4565 [email protected] Attention: Lisa Pienaar Dear Ms Pienaar SARA response—222 Gympie Terrace, Noosaville (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 20 April 2022. Response Outcome: Referral agency response – with conditions. Date of response: 26 May 2022 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Operational work for prescribed tidal works Material change of use for a landing (commercial) SARA role: Referral agency SARA trigger: Schedule 10, Part 17, Division 3, Table 1 (Planning Regulation 2017) South East Queensland (North) regional office Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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2204-28387 SRA
Tidal works or work in a coastal management district
Schedule 10, Part 17, Division 3, Table 2 (Planning Regulation 2017)
Tidal works or work in a coastal management district
SARA reference: 2204-28387 SRA
Assessment Manager: Noosa Shire Council
Street address: 222 Gympie Terrace, Noosaville
Real property description: Lot 160 on CP908649
Applicant name: Noosa River Enterprises Pty Ltd ACN 110693715 As Trustee Under
Instrument 708121382
Applicant contact details: C/- Project Urban (Trish Belt)
PO Box 6380
Maroochydore BC QLD 4558
[email protected]
Representations
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 (s.30 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 Caroline Plank, Principal Planning Officer, on (07) 5352 9709 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Jamaica Hewston
Manager
cc Noosa River Enterprises Pty Ltd ACN 110693715 As Trustee Under Instrument 708121382, C/- Project
Urban, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications
State Assessment and Referral Agency Page 2 of 9
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2204-28387 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)
No. Conditions Condition timing
Operational work
Planning Regulation 2017, Schedule 10, Part 17, Division 3, Table 1 – Tidal works or work in a coastal
management district—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department 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:
1. The construction of the finger pontoons must be carried out generally For the duration of the
in accordance with the following plans: works
Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-03, revision A
New Site Plan, prepared by Edge Consulting Engineers,
dated 13/10/21, reference 34680-04, revision A
Vessel Mooring Site Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-05, revision D
Elevations, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-07, revision A
2. For the proposed works, only use clean materials and ensure that For the duration of the
the works do not cause contamination. works
3. Erosion and sediment control measures which are in accordance For the duration of the
with Best Practice Erosion and Sediment Control (BPESC) works
guidelines for Australia (International Erosion Control Association),
are to be installed and maintained to prevent the release of sediment
to tidal waters.
4. Should the finger pontoons collapse, fail or otherwise suffer As soon as reasonably
structural consequences which impact their integrity or ability to practicable subsequent
function as intended, the works must be: to the damage
(a) reinstated in accordance with this development approval; or
(b) removed and disposed of at an appropriately licensed
facility.
5. Submit “As Constructed drawings” to [email protected] or mail Within two weeks of
to: the completion of the
Department of Environment and Science works
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
6. (a) In the event that the works cause disturbance or oxidisation (a) Upon disturbance
of acid sulfate soil, the affected soil must be treated and or oxidisation until
thereafter managed (until the affected soil has been the affected soil
neutralised or contained) in accordance with the current has been
Queensland Acid Sulfate Soil Technical Manual: Soil neutralised or
management guidelines, prepared by the Department of contained
Science, Information Technology, Innovation and the Arts, (b) At the time the
2014. soils have been
(b) Certification by an appropriately qualified person, confirming neutralised or
that the affected soil has been neutralised or contained, in contained
accordance with (a) above is to be provided to
State Assessment and Referral Agency Page 3 of 9
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2204-28387 SRA
[email protected] or mailed to:
Department of Environment and Science
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
Note: Appropriately qualified person means a person or persons who has
professional qualifications, training, skills and experience relevant to soil
chemistry or acid sulfate soil management and can give authoritative
assessment, advice and analysis in relation to acid sulfate soil management
using the relevant protocols, standards, methods or literature.
Planning Regulation 2017, Schedule 10, Part 17, Division 3, Table 2 – Tidal works or work in a coastal
management district — The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads – Maritime Safety Queensland 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:
7. The operational work must be carried out generally in accordance For the duration of the
with the following plan: works
Cover Page, prepared by Edge Consulting Engineers, dated
2/11/21, reference 34680-01, revision O
Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-02, revision A
Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-03, revision A
New Site Plan, prepared by Edge Consulting Engineers,
dated 13/10/21, reference 34680-04, revision A
Vessel Mooring Site Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-05, revision D
Pontoon Layout Details, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-06, revision A
Elevations, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-07, revision A
Pile Setout, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-08, revision A.
8. All vessels, structures, plant and equipment associated with the While the works are
construction of the approved works must be lit/marked in accordance occurring
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.
9. The structure must be lit/marked in accordance with the following At all times
specifications, such that it does not cause a risk to the safe
navigation of other ships:
(a) pedestrian style lighting to gang way and/or retro reflective
tape on pontoon piles
(b) lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
10. The construction, operation or maintenance of the structure and any At all times
ship moored at this structure, must not impede the safe navigation of
other ships or restrict safe access to or from neighbouring structures.
11. (a) Any debris or similar obstruction encountered whilst (a) and (b) At all times
undertaking the work must be disposed of at the applicant’s
State Assessment and Referral Agency Page 4 of 9
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2204-28387 SRA
cost.
(b) All piles and/or structures to be demolished, both above and
below the waterline, must be completely extracted/removed.
State Assessment and Referral Agency Page 5 of 9
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2204-28387 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, version 3.0. If a word remains undefined it
has its ordinary meaning.
State Assessment and Referral Agency Page 6 of 9
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2204-28387 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for SARA’s decision are:
The development application is for a development permit for operational work (prescribed tidal works)
and material change of use for a landing (commercial). This work is the refurbishment of the existing
boat hire landing at 222 Gympie Terrace, Noosaville (Lot 160 on CP908649) (the subject site).
The subject site is in the Noosa River and is encompassed by a seabed lease. The subject site
immediately adjoins public reserve land and access is through Ely Park.
The refurbishment will not result in an increase or intensity of the existing use, however, will involve
the removal of some of the existing infrastructure and construction of new infrastructure.
The subject site is in a tidal waterway subject to coastal processes and therefore has been assessed
by SARA against the State Development Assessment Provisions (SDAP), version 3.0, State code 8:
Coastal development and tidal works (State code 8). SARA finds that the development complies with
State code 8, subject to conditions to:
o ensure the development is carried out generally in accordance with the plans of development
submitted with the application
o ensure the development avoids or minimises adverse impacts on coastal resources and their
values
o ensure landowners are aware they must take responsibility for their damaged property as
they can impact on coastal resources and public safety
o allow for compliance in relation to what is considered generally in accordance with the
approved plans when preliminary plans are submitted with the application. Development
inconsistent with the approval may have an impact on coastal management that was not
considered in assessment
o ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
environments.
The subject site is in a waterway that is frequented by commercial and private vessels. The subject
site is mapped as a developed marina and a high-risk maritime development zone. The navigation
corridor is in close proximity to the subject site. As such, the development has been assessed by
SARA against the SDAP, version 3.0, State code 7: Maritime safety (State code 7). SARA finds that
the development complies with State code 7, subject to conditions to:
o ensure the development is carried out generally in accordance with the plans of development
submitted with the application
o ensure that at all times, all lights on or above the development site do not interfere with safe
navigation in surrounding waterways
o ensure the safe navigation of other ships and unrestricted access to/from neighbouring
structures
o ensure the development does not encroach on the navigable waterway in a way that
impedes the safe passage of vessels.
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 the Department of State Development, Infrastructure, Local
Government and Planning
The Development Assessment Rules
SARA DA Mapping system
Human Rights Act 2019
State Assessment and Referral Agency Page 7 of 9
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2204-28387 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 8 of 9
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2204-28387 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 9 of 9