Skip to the record
Mmm.. taste the original NoosaWatch™

Original source · versioned page text

10. Pre-lodgement meeting record (2020)

of 10

Page text shows just the words. Original shows the document exactly as it was published.

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
Log in to download the original file

10. Pre-lodgement meeting record (2020).pdf · 408 KB (small file)

Full text of the other 9 pages

Page 2

                                                                                                  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




 State Assessment and Referral Agency                                                                Page 2 of 10

Page 3

                                                                                             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


 State Assessment and Referral Agency                                                          Page 3 of 10

Page 4

                                                                                                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.


 State Assessment and Referral Agency                                                             Page 4 of 10

Page 5

                                                                                          2010-19136 SPL



        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


State Assessment and Referral Agency                                                         Page 5 of 10

Page 6

                                                                                               2010-19136 SPL



        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

State Assessment and Referral Agency                                                             Page 6 of 10

Page 7

                                                                                                 2010-19136 SPL



        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


State Assessment and Referral Agency                                                               Page 7 of 10

Page 8

                                                                                              2010-19136 SPL



        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


State Assessment and Referral Agency                                                             Page 8 of 10

Page 9

                                                                                                 2010-19136 SPL




                          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.


 State Assessment and Referral Agency                                                              Page 9 of 10

Page 10

                                                                                             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

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.