2506-46370 SRA Response with conditions · OPW25/0012

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 Real property description:             Lot 11 on SP195871 and Lot 10 on SP335472
 Applicant name:                        Calile Malouf Investments Pty Ltd as trustee
                                        c/- Project Urban
 Applicant contact details:             PO Box 6380
                                        MAROOCHYDORE BC QLD 4558
                                        [email protected]
 Human Rights Act 2019                  A consideration of the 23 fundamental human rights protected under
 considerations:                        the Human Rights Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights.


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 Poppy Ellis-Southwell, Principal Planning Officer, on
(07) 5644 3214 or via email [email protected] who will be pleased to assist.

Yours sincerely




Kieran Hanna
Manager (Planning)

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions

cc      Calile Malouf Investments Pty Ltd c/- Project Urban, [email protected]




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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 documents referenced below are found at Attachment 5)


                                                                                               Condition
 No.    Conditions
                                                                                               timing
 Development permit for operational work for clearing vegetation
 Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017) –
 Development interfering with koala habitat in koala habitat areas outside koala priority areas—The
 chief executive administering the Planning Act 2016 nominates the Director-General of the Department
 of the Environment, Tourism, Science and Innovation 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 condition(s):
 1.     Interfering with koala habitat is limited to the clearing of 106 non-juvenile          At all times.
        koala habitat trees identified as ‘Removed (NJKHT)’ on KTSP04a: Trees
        Retained and Removed, prepared by Litoria Consulting, dated 30/01/2025,
        drawing reference 22011 KTSP04a and issue C.
 2.     Implement all measures and undertake any works in accordance with the                  Prior to and
        Fauna Management Plan, prepared by Litoria Consulting, dated 24 January                during all
        2025 and version 1.0.                                                                  clearing and
                                                                                               construction
                                                                                               activities.
 3.     (a) A rehabilitation plan must be prepared by an appropriately qualified               (a) and (b) Prior
            person(s), and must address as a minimum:                                          to commencing
               (i) Details of the rehabilitation objectives for the site;                      any clearing or
              (ii) The number of Koala habitat trees to be established on the site;            construction
             (iii) The planting palette and planting density of the proposed                   works.
                   rehabilitation;
             (iv)  Details of how the vegetation planted as a result of the                    (c) To commence
                   rehabilitation work will be suitably maintained.                            no more than 1
                                                                                               month after the
        (b) Provide the rehabilitation plan to the Department of the Environment,              completion of
            Tourism, Science and Innovation at [email protected]                 clearing and
            or mail to:                                                                        construction
                Koala Assessment and Compliance                                                works.
                Department of the Environment, Tourism, Science and Innovation
                PO Box 15187 City East, Queensland 4002                                        (d) Within 3
                                                                                               months from the
        (c) Undertake the rehabilitation of the site in accordance with the                    completion of the
            rehabilitation plan;                                                               rehabilitation
                                                                                               works.
        (d) Certification by an appropriately qualified person(s) that (a), (b) and (c)
            have been fulfilled, must be provided to the Department of the
            Environment, Tourism, Science and Innovation at:
            [email protected]




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                                                                                        Condition
No.    Conditions
                                                                                        timing
4.     Deliver an environmental offset in accordance with the Environmental Offsets Prior to
       Act 2014 to counterbalance the significant residual impacts on the matter of commencing any
       state environmental significance being 58 non-juvenile koala habitat trees.  clearing works.

       Note: Section 16 of the Environmental Offsets Act 2014 provides that when
       an offset condition is imposed on an authority, a number of deemed
       conditions are taken to apply. These deemed conditions are detailed in
       sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
       Contravention of a deemed condition is taken to be contravention of an
       imposed condition.

       More information on offset delivery can be found here:
       https://www.qld.gov.au/environment/pollution/management/offsets/delivering.

       Please send the notice of election to [email protected].     Prior to the commencement of clearing activities, notify the Department of       72 hours prior to
       the Environment, Tourism, Science and Innovation at                              commencement
       [email protected] of:                                              of vegetation
           the expected date the clearing activity will commence;                      clearing.
           the expected duration of the clearing activity;
           the name and contact details of the koala spotter that has been
               contracted for the clearing activity; and
           the name, contact details and authority number of the fauna spotter
               catcher that has been contracted for the clearing activity.
6.     (a) Provide a Management Plan prepared by a suitably qualified and               (a) and (b) prior
           experienced person, in accordance with the Koala Sensitive Design            to operational
           Guideline, published by the Department of Environment, Tourism,              works occurring
           Science and Innovation, to minimise impacts to koalas and other wildlife     within the site.
           inhabiting or moving through the site.
           Required koala protection measures must include, but are not limited to:
            Signage depicting a koala and maximum speed limit of 20km/h                (c) Within 30
               should be erected at the entrance to the site to inform visitors that    days of
               koalas may be present on the site                                        completion of
                                                                                        vegetation
            Traffic calming devices must be installed along the main entrance
                                                                                        clearing.
               and internal roads where they intersect with, or are directly adjacent
               to koala movement corridors on the site
            Artificial lighting on the subject site must be operated to ensure it is
               directed away from the adjacent conservation areas and other fauna
               corridors to minimise impacts to koalas and other wildlife inhabiting
               or moving through the site
            The location of any koala exclusion fencing and/or koala inclusion
               fencing
       (b) Submit the Management Plan to the Department of the Environment,
           Tourism, Science and Innovation at [email protected]
       (c) Implement the management measures contained in the Management
           Plan.



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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 (SDAP) (version 3.2). If a word remains
        undefined it has its ordinary meaning.
2.      The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
        that apply to all persons undertaking the clearing of koala habitat trees, including that clearing
        be undertaken sequentially and in the presence of a koala spotter.
        Penalties for non-compliance apply.

        For further information please contact the Department of the Environment, Tourism, Science
        and Innovation at [email protected].      Despite this development approval, other permits or approvals may be required for the clearing
        of koala habitat. To determine if the proposed clearing requires other approvals under other
        local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).
4.      The development contains areas mapped as containing a high-risk area on the protected plant
        flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
        under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
        Survey Guidelines to determine if there are any protected plants on the clearing site.
        If protected plants are found on the clearing site, a clearing permit under the Nature
        Conservation Act 1992 may be required.
5.      The development contains habitat for threatened and special least concern fauna species. If the
        development requires tampering with a protected animal breeding place, a species
        management program may be required.

        More information on protected animal breeding places and species management programs can
        be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
        management-program




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 SARA assessed the development against the following code of the SDAP, version 3.2:
       o State code 25: Development in South East Queensland koala habitat areas (State code 25).

      With conditions, the development complies with the assessment benchmarks of State code 25 of the
       SDAP in that the development:
           o does not cause an unacceptable impact on mapped koala habitat areas;
           o is designed and located to avoid impacts or, where the matters of state environmental
              significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
           o results in a significant residual impact that is acceptable, and an offset is provided.

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.2), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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