Concurrence & Advice Agency Response - MCU - Lot: 2 RP: 865533 2 Halse Lane, Noosa Heads - Notice from DERM - Concurrence Agency Response

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Notice,

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Concurrence and Advice Agency Response

4. 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: PO Box 573, Nambour Qld 4560.

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.

Aboriginal Cultural Heritage Act 2003

DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
applicants under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to
include this information as an Advisory Note on the Decision Notice issued for the application.

Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must
take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural
heritage (the “cultural heritage duty of care"). Maximum penalties for breaching the duty of care are e@
$750,000 for a corporation and $75,000 for an individual. .

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party
for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural
Heritage Act 2003.

Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit,
DERM. Application forms to undertake a free search of the Cultural Heritage Register and the
Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or
on the DERM website www.derm.qld.gov.au/cultural_heritage.

Delegate Enquiries:
Regional Planning and Assessment
Department of Environment and Resource Management
CHP Centenary Square Building
Currie Street, Nambour Qid 4560 @
PO Box 573, Nambour Qld 4560
Caroline Plank
A/Principal Planning Officer — Regional Telephone + 61 7 5451 2222
Planning and Coordination Facsimile + 61 7 5451 2260
Planning and Assessment Website www.derm.qid.gov.au
Nambour, South East Region
5 October 2010
Attachments

e Concurrence Agency Response — Queensland Heritage Place
« Advice Agency Response ~ Wetland Management Area

 

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

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Department of Environment
and Resource Management

Sustainable Planning Act 2009

DERM Permit ‘number: _ SPAR00929710 (Ref: 1CO910NAM0001)

 

 

Assessment manager reference: MCU10/2017 Attn: Jack Lewis

Date application received: 26 August 2010 :

Permit type: Development Approval for Material Change of Use
Relevant laws and policies: Environmental Protection Act 1994 and any related statutory

instruments and subordinate legislation; Operational Policy:
Assessing applications for advice (wetlands, conservation estate
and heritage places)

Jurisdiction(s): Material Change of Use, other than for a domestic housing activity, if
any part of the land is situated in a wetland management area
Sustainable Planning Regulation 2009-Schedule'7, Table 3, !tem 21

 

 

 

Development Description

 

Property/Location Development description

 

 

2 Halse Lane, Noosa Lot 2 RP865533 Material Change of Use of Premises (Visitor
Heads Accommodation Type 4)

 

 

 

 

Recommendation

The Chief Executive, Department of Environment and Resource Management (DERM), makes the following
recommendation to the assessment manager:

The Assessment Manager must consider the potential impacts of the proposed development on the ecological
values of the wetland management area; the wetland water quality; and the wetland water regime. Development
‘should not be located within 100 m of a wetland or should be setback a sufficient distance to maintain the
integrity and functioning of the wetland ecosystem and habitat values. The setback should be justified by
information provided by a certified biologist or equivalent.

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

 

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Department of Environment and Resource Management Y Queensland Govern ment
www.derm.qid.gov.au ABN 46 640 294 485 ,

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DERM Permit ‘number: |SPAR00929710; ICO910NAMO0001; 441099

 

Development should ensure the following outcomes:

e Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
the functioning and integrity of a wetland from development are avoided. Where a wetland management
area is also mapped as a ‘significant coastal wetland’ under the South-east Queensland Regional Coastal
Management Plan 2006 it should also be assessed under policy 2.8.1, Areas of state significance (natural

" resources). An Implementation Guideline should be consulted:
http:/Avww.derm.qld.gov.au/services_resources/item details. php7item id=202304&topic_id=54

« If the wetland contains mapped or likely to be present threatened species habitat, then the applicant is to
provide a report prepared and certified by an appropriately qualified professional demonstrating to the
satisfaction of the assessment manager that there will be no adverse impacts on the ecological values and
functioning of the wetland. If loss to the wetland or adverse impacts are unavoidable, loss and impacts are
minimised and offsets are provided in order to achieve an environmental outcome equal or better than the @
values lost.

e Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained
and managed to protect the environmental values of the wetland, and to ensure that the water quality
objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved.

« Maintain wetland water regime. The existing water regime (including surface and groundwater) within and
linked to a wetland is maintained and managed to protect existing natural hydrological processes within the
wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland, and
retaining and allowing for regeneration of vegetation.

To ensure that the proposed development is able to meet the above outcomes, the Assessment Manager is.
encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:

* asupport area adjacent to the wetland that maintains and supports the environmental values of the
wetland; ,

* aseparation area around the support area that protects the wetland from external threats such as e@
sediment and nutrient discharge from surrounding landuse.

The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works

, and the wetland management area in order to maintain the ecological functioning and integrity of the wetland.
Buffer distances should be maximised in order to maintain existing biodiversity values and habitat connectivity
and to minimise edge effects.

The applicant is to provide a report prepared and certified by a biologist or equivalent that demonstrates to the
satisfaction of the assessment manager that there are no adverse impacts on the ecological values and
functioning of the area of significance.

Revegetation of the buffer is recommended using locally native species that reflect the pre-clearing regional
ecosystem, with preference given to endemic species. Plants should be of local provenance where possible. A
Rehabilitation/ Revegetation Management Plan should stipulate a weed management strategy including weed
control and plant maintenance over a minimum one year period. Conditioning of any approval with building or
development envelope(s) may also be a useful way to give formal effect to any required buffer area.

The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan to
demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and

 

Page 2 of 3 Department of Environment and Resource Management

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DERM Permit ' number: SPAR00929710; 1C0910NAM0001; 441099

 

operational phases of development) will be effectively managed to prevent adverse impacts on wetland values.
Potential impacts are to be addressed through water sensitive urban design including compliance with South
East Queensiand Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design —
design objectives for urban stormwater management.

Delegate

Caroline Plank

A/Principal Planning Officer - Regional Planning and
Coordination :
Planning and Assessment

e@ Department of Environment and Resource Management

§ October 2010

 

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Department of Environment .
and Resource Management

Sustainable Planning Act 2009

DERM Permit ‘number: $PCH00873810

 

Assessment manager reference:

e Date application received:

Permit type:

Date of decision:

Decision:

Jurisdiction(s):

 

Relevant laws and policies:

MCU10/2017

26/08/2010

Concurrence Agency Response

29/09/2010

For a Concurrence Agency Response

Approved with Conditions

Queensland Heritage Act 1992.

Sustainable Planning Regulation 2009 - Schedule 7, table 3, item
23: Material change of use — Land adjacent to or including a
Queensland heritage place.

 

 

Development Description(s)

 

Property/Location

Development

 

2 Halse Lane, Noosa
Heads, Q 4567.

 

 

Lot 2 RP
865533

 

Material Change of Use of Premises (Visitor Accommodation type
4), new hostel beds in existing Hollingsworth Activities Centre
building on site,

 

 

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

 

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Department of Environment and Resource Management

www.derm.qid.gov.au ABN 46 640 294 485

@Q Queenstand Government

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DERM Permit number: SPCH00873810

Approved plans / specifications

 

 

 

Document No. : Document Name Date
D-C00300-01-B Proposal Plan, Material Change of Use - Extension-to Existing Guest 03/07/2010
House, prepared by Martoo Consulting.
D-C00300-02-A Floor Plan, Material Change of Use — Extension to Existing Guest House, 03/06/2010

 

 

 

 

prepared by Martoo Consulting.

 

Delegate

Greg Carpenter

Delegate, Chief Executive administering the Heritage Act 1992.
Department of Environment and Resource Management

30 September 2010.

 

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DERM Permit number:

SPCH00873810

 

CONDITIONS

 

Concurrence Agency conditions for development on a
Queensland Heritage Place: Halse Lodge, 2 Halse Lane,
Noosa Heads Q 4567, QLD Heritage Register No. 601393

Reasons for condition

 

1)

2)

4)

5)

6)

7)

 

Carry out all development in accordance with drawings
and documents specified in this notice. !n the case of a
discrepancy between documents and conditions,
conditions take precedence.

Inform Manager, South East Regional Office - Land
Services, DERM in writing, when development authorised
under this permit has commenced. State location and
name of registered place and permit number and condition
number this report is being made under.

A copy of this Development Permit is to be'displayed
and/or retained onsite at Halse Lodge, for the duration of
development works approved herein.

During development, permit access to the registered place
by DERM officers if requested.

During development, protect existing building fabric and
other significant elements or artefacts from incidental
damage.

During development, should damage occur to existing
building fabric and/or other significant elements or
artefacts, report such incidents immediately to Manager,
South East Regional Office - Land Services, DERM and
confirm details of the incident in writing within 2 business
days. The incident report must include (but is not limited
to) the following information:

1. Location and name of registered place;
tl. Permit number and condition number incident report
being made under;
Ill. Details of incident, including time and cause of
incident and damage report; .
IV. Details of measures that were in place at the time to
protect against such incident and why these did not
prevent damage;
V. Details of proposed measures to reinstate,
remediate or rectify damage; and
Vl. Name and contact details of person making report.

Inform Manager, South East Regional Office - Land
Services, DERM in writing, within 10 working days of
completion, that development authorised under this permit
is complete. State location and name of registered place
and permit number and condition number this report is
being made under.

 

To ensure development is carried out
as approved.

To facilitate the monitoring of
development works for compliance
purposes.

To facilitate the monitoring of
development works for compliance
purposes.

To ensure development complies with
approval.

To ensure that the cultural heritage
values of the place are appropriately
recognised and managed.

To ensure that the cultural heritage
values of the place are appropriately
recognised and managed.

To ensure development complies with
approval.

 

 

END OF CONDITIONS

 

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Department of Environment and Resource Management