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10. Pre-lodgement meeting record (2020)
PA5-L
SARA reference: 2010-19136 SPL
1 December 2020
Noosa Shire Council
PO Box 306
MAIN BEACH QLD 4217
[email protected]
Attention: Brian O’Connor/ Marty Mulcahy
Dear Mr O’Connor and Mr Mulcahy,
Pre-lodgement meeting record
This pre-lodgement record provides a summary of the matters discussed at the pre-lodgement meeting in
addition to providing further advice prepared subsequent to the meeting. This record provides advice
regarding the likely major issues relevant to the development proposal to assist in the timely processing
of a development application. While this advice is provided in good faith, if the proposal is changed from
that which was discussed with the department during the pre-application meeting, this advice is not
binding.
Reference information
Departmental role: Referral agency
Departmental jurisdiction: 10.17.3.1 Operational Works for Prescribed Tidal Works Development
in the coastal management district)
10.17.3.2 Operational Works for Prescribed Tidal Works (Maritime
safety)
10.8.3.1 Development on a Queensland Heritage Place (Development
on or near a Queensland Heritage Place)
10.6.3.1.11 Marine Plans (Removal of or damage to marine plants)
*only if proposal involves destruction or damage to marine plants
Pre-lodgement meeting date: Thursday 22 October, 10-11AM
Meeting location: Microsoft Teams
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 10 PO Box 1129, Maroochydore QLD 4558
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2010-19136 SPL
Meeting attendees:
Name Position Organisation
Luke Farrelly Senior Planner Queensland Treasury, State Assessment and
Referral Agency (SARA)
Jamie Faithfull Senior Heritage Officer Department of Environment and Science (DES)
Heritage
Jacob Vanderzwan Environmental Officer DES Coastal and Marine Assessment
Dan Garnett Principal Environmental DES Coastal and Marine Assessment
Officer
Luke Bekker A/Principal Impact Department of Agriculture and Fisheries (DAF)
Assessment and
Management Officer
Martin Mulcahy Senior Coastal Engineer International Coastal Management (ICM)
Bobbie Corbett Principal Coastal Engineer ICM
Brian O’Connor Asset Planning Manager Infrastructure Services, Noosa Council (Council)
Apologies* * Department of Transport and Main Roads (DTMR) Maritime Safety
Queensland (MSQ) provided written advice in lieu of attending meeting
Location details
Street address: Noosa River adjacent to 161, 222, 248, 256 and 290, Gympie
Terrace, Noosaville; 45 Hilton Esplanade, Tewantin; 22 Munna
Crescent, Noosaville; 4A Russell Street, Noosaville
Real property descriptions: Lot 1 SP156679; Lot 2 RP74261; Lot 166 N10571; Lot 166
MCH839217; Lot 160 CP908649; Lot 159 CP901988; Lot 158
SP146043; Lot 155 CP900479; Lot 151 SP284457; Lot 131
SP143417; Lot 100 SP208113
Local government area: Noosa Shire Council
Existing use: Nil
Relevant site history: Six locations in this area were approved for dredging in 2006, with an
amendment approved in 2014.
Details of proposal
Development type: Operational work for prescribed tidal work
Development description: Dredging for beach nourishment - additional locations added to
original approval for dredging and nourishment locations along Noosa
River to aid in erosion mitigation.
Supporting information
Drawing/report title Prepared by Date Reference no. Version
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2010-19136 SPL
Site plan International coastal management 9/09/2020 NRN-A0 1
Area 1 International coastal management 7/10/2005 NRN-A1 UNK
Area 2 International coastal management 7/10/2005 NRN-A2 UNK
Area 3 International coastal management 7/10/2005 NRN-A3 UNK
Area 4 International coastal management 9/09/2020 NRN-A4 1
Area 5 International coastal management 7/10/2005 NRN-A5 UNK
Area 6 International coastal management 7/10/2005 NRN-A6 UNK
Area 6A International coastal management 9/09/2020 NRN-A6A Orig
Area 7 International coastal management 9/09/2020 NRN-A7 Orig
Background: The applicant requested a prelodgement meeting as follows:
This application is for the amendment of an existing development permit and environmental authority for
the dredging and beach nourishment of areas along the Noosa River and adjacent canals. There are
currently 6 approved areas for dredging and nourishment and this application proposes to extend Area 4
& Area 6 and add a new Area 7 to address areas currently subject to erosion.
The works will maintain the same 25m minimum distance offset from the boundary of the Fish Habitat
Area. The works are to be undertaken in accordance with the existing Noosaville Dredge Management
Plan. A Marine Biota Impact Assessment has been undertaken (Biome Consulting, 2020) to assess
potential impacts to marine plants in the area. One vulnerable mangrove was identified and an exclusion
zone has been established to ensure that there are no impacts to marine plants. The additional areas are
not directly adjacent to the Heritage area at Munna Point caravan Park.
Meeting minutes
Martin provided an agenda which was discussed by all parties. A summary of the agenda and discussion
is provided as follows:
Item Comments
1. Background Martin provided a background of the existing applications:
The subject application is an application for amendment of an existing
development permit and environmental authority for dredging and beach
nourishment along Noosa River and adjacent canals.
There are currently six approved areas for dredging and nourishment.
The proposal is for expansion of two existing areas (areas four and six)
and one new nourishment area (area 7).
2. Sediment testing Martin/ Bobbie sought advice if further sediment testing for extensions to
existing dredge areas was required, noting that:
The works include extension of two existing dredge areas which have
successfully been used since 2006 with no issues. Sediment testing at
the time showed that it was free of ASS/PASS and pre-dated NAGD
requirements.
Detailed sub-bottom profiling shows material in proposed areas is sandy
and consistent with sediment in existing dredge areas.
Material is directly adjacent to the foreshore and maintenance effectively
involves reinstating eroded sediments. As such materials are expected to
be inherently suitable.
There are no obvious sources of contamination in the locality.
DES discussed the nature of the applications with the applicant, and the
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2010-19136 SPL
existing dredging approvals in the locality. Testing would be required
where a new application is lodged (see comments below).
3. Dredge Martin advised that:
Management Plan The current permit is consistent with the Noosaville Dredge Management
Plan 2006.
Proposed works will also be undertaken in accordance with Noosaville
Dredge Management Plan (with amendments if required).
Please see further comments below.
4. Fish Habitat Area Martin advised that:
A mapped fish habitat area is currently 25m from existing approved
dredge site area four.
New dredging/nourishment areas are to maintain minimum 25m minimum
from fish habitat areas.
A marine biota impact assessment was undertaken (Biome Consulting
2020) which determined there would be no impact to the fish habitat
area.
One marine plant (mangrove) was identified and an exclusion zone has
been established to ensure that there are no impacts to marine plants.
DAF advised that if no marine plants were disturbed, then no referral
would be required.
5. Heritage Martin advised that there are no changes to dredging and nourishment
works adjacent to heritage area at Munna Point caravan park.
DES have provided further written comments below.
6. Development Martin sought clarification that that an “Other Change” of the existing
Permit development permit is appropriate.
Luke provided the advice that the scope of works would not be ‘generally
in accordance’ with the existing approval, and unlikely to be a ‘minor
change’ because it involves new land parcels. Therefore, the applicant
has the option of lodging either an ‘other change’ or new application. An
‘other change’ of the existing approvals would give the applicant an
opportunity to ‘tidy-up’ and consolidate other dredging approvals in the
locality.
7. Environmental Martin sought advice whether the existing EA could be changed, or if a
Authority new EA is required.
DES advised that a new EA may be required, depending on the nature of
the application lodged (see comments below).
It is considered that the above summary is an accurate record of the matters discussed at the pre-
lodgement meeting.
An outcome of the meeting was identifying an opportunity to consolidate and ‘tidy-up’ the conditions of
old dredging approvals, and possibly consolidate a suite of other dredging approvals in the locality into a
new, single streamlined approval. This approach was supported in principal by SARA and could be done
by either an ‘other’ change process or new application. SARA has provided further written advice below
to follow-up the meeting.
Written advice
SARA provides written advice to follow-up the meeting as follows:
10.17.3.1 Operational Works for Prescribed Tidal Works (DES Coastal)
1. ‘Original’ proposal (change to existing approval)
The proposal initially submitted to SARA for prelodgement discussion involves the dredging
and beach nourishment of six areas from Hilton Esplanade to Munna Point in the Noosa River.
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The current proposal is to extend area four and area six and add a new area seven to address
current erosion issues.
Depending on the applicant confirming the final scope of works, the application required will
be a change to existing approval or a new MCU. If amending the existing approval, the
Environmental Authority (EA) may be amended separate to the DA process directly through
the Department of Environment and Science (DES). If this is the case, please refer to the
following website for further details on applying to amend the EA:
https://www.business.qld.gov.au/running-business/environment/licences-permits/change-
combine/change#:~:text=To%20amend%20an%20EA%20where,or
It will likely be a requirement in any EA amendment that the dredge material be clean in
accordance with the National Assessment Guideline for Dredging (NAGD). It may also be
recommended to condense the EA conditions into a single site to simplify the EA and reduce
the number of conditions.
With regards to whether the works constitute a major or minor amendment, DES is unable to
provide comment until the application to amend the EA is formally lodged as an assessment
level decision is required under the Environmental Protection Act 1994.
A ‘other’ change to the Development Approval (DA) would also need to be lodged for the tidal
works component of the works.
‘Alternative’ proposal (new expanded MCU)
An alternative proposal was discussed in the meeting for the DA/EA to encompass the entire
operation area along the extent of the Noosa River foreshore (from Hilton Esplanade to
Munna Point, on the southern shore only) and Weyba Creek (from Munna Point to the Noosa
Parade bridge).
In this case, the works would require a new MCU. Subsequently, assessment of the operation
would be undertaken as if the application were for a new EA for ERA 16 and DA. It is
recommended sediment testing in accordance with the NAGD be undertaken and submitted
with the application. Please refer to the NAGD Guideline below for further information:
https://www.environment.gov.au/system/files/resources/8776675b-4d5b-4ce7-b81e-
1959649203a6/files/guidelines09.pdf
Where the operation triggers an MCU and technical assessment for an EA for ERA 16 and a
DA, please refer to the information below for application requirements.
2. SDAP State code 8
If the proposed works constitute an MCU, provide a response to the latest version of the State
Development Assessment Provisions (SDAP) State code 8 – Coastal development and tidal
works in its entirety, identifying how the proposed development meets each performance
outcome. The latest version of SDAP State code 8 is available at:
https://planning.dsdmip.qld.gov.au/planning/better-development/the-development-
assessment-process/the-states-role/state-development-assessment-provisions.
For more information regarding how to demonstrate compliance with the relevant State codes,
please see: http://www.dlgrma.qld.gov.au/resources/policy/sdap/v2/introductory-sections.pdf.
Please refer to the Guideline: State Development Assessment Provisions, State Code 8:
Coastal development and tidal works
(https://environment.des.qld.gov.au/coastal/development/pdf/state-code8-coastal-
development-tidal-works.pdf) in responding to State Code 8.
The guideline contains information on how to respond to particular performance outcomes
(PO) and outlines specific information requirements. It should be noted that if the PO has no
relevance to the proposed development a response of “not applicable” and a statement as to
why it is not relevant is required. For the proposed application, the following performance
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outcomes will require a detailed response: PO2 – PO5, PO11 and PO16.
3. Development Description
Any application made should include a detailed description of the proposed development and
a description of the existing site conditions of the proposed development location. In particular,
the following documentation should be provided:
description of the land intended to be developed, including:
o the property address, tenure and real property description of the land; and
description of the development, including:
o location of all built structures, or structures to be modified or demolished, as a
result of the proposed development;
o description of any operational works occurring on site including expected
timeframes;
o any machinery to be used or stored on the site;
o staging of the development if applicable; and
detailed and appropriately scaled drawings and/or plans which clearly identify the location
of proposed development, including:
o adjacent real property boundaries;
o adjacent riverbanks, walls, sandbanks, structures, the limit of vegetation, and/or
other principal features of the immediate area;
o relevant tidal planes (e.g. Highest Astronomical Tide, Mean High Water Springs);
o the location and setting out details for cross-sections; and
o any other information required to accurately define the area and to allow the site
to be readily identified from the plan.
All plans/drawings should include title, date and numbering suitable to identify the plan and
should be mapped to GDA94 projection.
4. Acid Sulfate Soils
It is likely that acid sulfate soils will be present at this location. An application must consider
the risk of disturbing acid sulfate soils, as well as providing a statement about how the risk is
intended to be managed. Issues regarding acid sulfate soils should be addressed when
responding to SDAP State code 8, especially with regard to PO11.
The Queensland Acid Sulfate Soil Technical Manual outlines relevant scientific information
and guidelines for Acid Sulfate Soil Management (https://publications.qld.gov.au/dataset/acid-
sulfate-soil-management-guidelines)
5. Environmentally Relevant Activity (ERA) 16
Based on the information provided by the applicant it is advised that the proposed
development may constitute one of the following:
ERA 16(1)(a) dredging 1000t to 10,000t in a year
ERA 16(1)(b) dredging more than 10,000t but not more than 100,000t in a year
ERA 16(1)(c) dredging more than 100,000t but not more than 1,000,000t in a year
ERA 16(1)(d) dredging more than 1,000,000t in a year
These ERA thresholds are classified as concurrence ERA under the Environmental Protection
Regulation 2019 (EP Reg) and therefore, may trigger a material change of use (MCU) which
also requires a development approval under the Planning Act 2016 and will require referral to
SARA.
The development approval application will be taken as an EA application under section 115 of
the Environmental Protection Act 1994. Please refer to
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https://www.business.qld.gov.au/running-business/environment/licences-
permits/applying/technical for a number of technical guidelines, which outline the technical
information requirements for applications for an environmental authority.
Based on the information provided the proposed dredging activity will include both the removal
of dredge spoil and sea-based disposal of dredge spoil. In the EA application please provide
information on, but not limited to, the following:
operational plans for the removal of dredge spoil including:
o The proposed footprint of the dredge area;
o The method by which the dredge spoil will be removed;
o The volume of dredge spoil to be removed;
o The proposed depth of extraction; and
o Physical and chemical characteristics of the dredge spoil including potential
contaminants in accordance with the National Assessment Guidelines for Dredging
2009.
operational plans for the disposal of dredge spoil including
o The proposed location for disposal of dredge spoil;
o The method by which the dredge spoil will be transported and placed in the area;
o The method by which the spoil is to be contained within the area;
o Expected water quality parameters for the discharge;
o The current and intended land use of the proposed disposal site;
o Detail on how the dredge spoil disposal area will be made fit for future land use.
an acid sulfate soil management plan detailing how any acid sulfate soils are to be
managed.
an ecological report identifying any significant ecological values (particularly matters
of State environmental significance) within or adjacent to the proposed dredge
footprint and disposal area that could be impacted as a result of the activity.
The application must address the performance outcomes for the environmental objectives of
the operational assessment prescribed in Schedule 8, Part 3, Division 1 of the EP Reg. The
application must include a technical assessment of the environmental risks to the receiving
environment in relation to air, water, noise, land and waste associated with the activity. The
application must show how the performance outcomes for each environmental objective are
met. Technical guidelines detailing the minimum information that should be supplied to
support an application are available on the Business and Industry Portal:
Air: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-air-
impacts.pdf
Land: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-land-
impacts.pdf
Noise: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-noise-
impacts.pdf
Water: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-water-
impacts.pdf
Waste: https://environment.des.qld.gov.au/assets/documents/regulation/era-gl-waste-
impacts.pdf
Please address the standard criteria as defined in Schedule 4 Dictionary of the Environmental
Protection Act 1994 in regards to the proposed activity (including the dredging aspects and
disposal of dredge spoil aspects).
The diagnostic tool function (link below) can be used to generate a report that will include how
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and where to apply, the application and annual fees that apply, how to determine
environmental impacts/relevant Environmental Protection Policies, guidance materials to
assist in the preparation of supporting information and additional resources.
https://www.business.qld.gov.au/business/running/environment/licences-permits/form-fees-
finder
Any development application made should provide a response to the latest version of the
SDAP State code 22 – Environmentally Relevant Activities in its entirety, identifying how the
proposed development meets each performance outcome by addressing all applicable
acceptable outcomes.
This can be found at: https://planning.dsdmip.qld.gov.au/planning/better-development/the-
development-assessment-process/the-states-role/state-development-assessment-provisions
10.17.3.2 Operational Works for Prescribed Tidal Works (MSQ)
6. The commencement notification requires a Marine Execution Plan (MEP) attached to support
the development of a notice to mariner and wider assessment of marine safety in the local
area during the works. The MEP should include the following;
Forecasted start and end dates,
Hours of work,
General methodology overview,
Name of principal barges and marine equipment involved,
Barge Mooring Plan,
Extreme weather contingency plans,
24/7 point of contact to ensure timely communication with VTS during extreme
weather and other maritime emergencies,
Vessel traffic management plan to allow safe passage of passing traffic,
Marking of navigation hazards during construction, such as unattended piles and
barge anchors, and
Any other information to support the safe management of the marine works as
identified by the applicant.
7. Any dredging or nourishment works must not be conducted within 10m of a Maritime Safety
Queensland Aid to Navigation without prior consultation.
8. A number of houseboats anchor adjacent to Hilton Esplanade, Tewantin. These may need to
be relocated for the period of the works. It is recommended the applicant liaise with the
owners for this to occur.
9. A post dredge survey of the area navigable by vessels will be required to be provided by the
applicant within 1month of completion.
10.8.3.1 Development on a Queensland Heritage Place (DES Heritage)
10. The development application should include a Heritage Impact Statement (HIS) which
identifies and evaluates the extent of potential impact of the proposed dredging and
deposition on the park’s significant vegetation, beach profile relative to the van and tent sites
along the river’s edge, and the ongoing use of the caravan park. The HIS should detail the
extent of change to the place likely to result from the works by:
(a) showing what elements or aspects of the heritage place are impacted by the
proposed change;
(b) providing an analysis of the impact on the place’s cultural significance
including a rationale for the change (e.g. extending the beach will encourage
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greater use of the beach, protect van/tent sites) and measures or work
methods that reduce detrimental impact to the place; and
(c) outlining those aspects of the work which aim to conserve the place’s cultural
significance (ie. any protective measures needed to avoid harm to significant
trees).
11. The development application should provide detailed sections of the Munna Point deposition
area to illustrate the extent of dredged material relative to the park’s mature trees, van/tent
sites, buildings/structures, landscape features like the low retaining walls along the foreshore,
and the location of the Queensland Heritage Register (QHR) boundary for the place;
12. The development application should provide a detailed site plan to illustrate the spatial
relationships outlined in point 2 above.
10.6.3.1.11 Marine Plans (DAF)
13. Removal destruction or damage of marine plants
Based on the material submitted, the proposed works are unlikely to involve the removal,
destruction or damage of marine plants.
Marine plants include:
any plant (a tidal plant (including marine algae) that usually grows on or adjacent to
tidal lands whether it is living, dead, standing or fallen; or
any plant material on tidal land (up to the level of Highest Astronomical Tide (HAT)).
Plants such as mangroves, mangrove fern, saltcouch or samphire species are
considered marine plants regardless of whether or not they are above or below the
level of HAT.
Marine plants do not include:
a plant that is prohibited matter or restricted matter under the Biosecurity Act 2014; or
a plant that is controlled biosecurity matter or regulated biosecurity matter under the
Biosecurity Act 2014.
Marine plant protection applies irrespective of the tenure (e.g. unallocated state land and all
state tenured lands, including private freehold and leasehold lands) of the land on which the
plant occurs, the time the plant has been growing at the location, or the degree of or purpose
of the disturbance.
14. One mangrove has been identified during a marine plant survey to be within the impact area
of the proposed dredging and sand nourishing activities, however an exclusion zone has
been established to avoid all impacts to marine plants. No further approvals for the removal,
destruction or damage of marine plants will be required.
15. If the plans are amended and marine plants are proposed to be impacted, the works will not
meet the accepted development requirements and a development approval will be required
under the Planning Regulation 2017 for works which involve the removal, destruction or
damage of marine plants.
16. Development within a declared Fish Habitat Area
The proposed works are located within proximity to the Noosa River declared Fish Habitat
Area (FHA), management area A. However, the applicant has stated the works will maintain a
25 m minimum distance offset from the boundary of the FHA in accordance with the existing
buffer distance in the Noosaville Dredge Management Plan. If this is the case then no further
approvals for works within a FHA are required.
An outcome of the prelodgement was that the applicant investigates a new MCU and new EA for a
wholistic and consistent approval suite for all dredging activities in the locality. Plans and details have not
been provided from the applicant for this approach, but should the applicant prepare new plans or
information, SARA recommends a follow-up prelodgement meeting. In providing any new or revised
information, the applicant should also detail the proposed total tonnage of the proposed dredging.
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2010-19136 SPL This pre-lodgement advice is valid for a period of 9 months from the date on this letter. This pre- lodgement advice does not constitute an approval or an endorsement that the department supports the development proposal. Additional information may be required to allow the department to properly assess the development proposal when a formal application has been lodged. For further information please contact Luke Farrelly, Senior Planning Officer, on (07) 5352 9774 or via email [email protected] who will be pleased to assist. Yours sincerely Paul Gleeson Principal Planning Officer State Assessment and Referral Agency Page 10 of 10