SARA - Pre-lodgement advice

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The following advice outlines the aspects of the proposal that are of relevance to SARA.
 SARA’s jurisdiction and fees
 1.         The application may require referral to SARA under the following provisions of the Planning
            Regulation 2017 (the Planning Regulation):
                 Schedule 10, Part 6, Division 3, Subdivision 3 – Removal, destruction or damage of
                    marine plants. – the applicable fee is determined by the area of marine plant
                    disturbance and ranges from $3,430.00 to $13,715.00.

           SARA would be a referral agency for the proposed application.
 Marine plants
 2.        Marine plants are present on the subject site. Marine plants are protected under section 123
           of the Fisheries Act 1994. The proposed residential development, including a dwelling
           house and shed, may involve the removal, destruction or damage of marine plants.
             Highest astronomical tide (HAT) should be accurately surveyed on site to ensure that all
             proposed buildings are located above tidal lands and outside any marine plant areas. Any
             operational works that impact marine plants, including but not limited to slashing and/or
             mowing, will require a development approval for the removal, destruction or damage of
             marine plants.
             The proposed development would be assessed against State code 11: Removal destruction
             or damage of marine plants (State code 11) of the State Development Assessment
             Provisions (SDAP). The development must meet all relevant performance outcomes (POs).
             Please note that it is unlikely that a proposal to mow or slash marine plants or locate
             buildings over marine plants or on tidal land will comply with the State code 11. It is
             recommended that the following information is reviewed to identify the presence and
             location of marine plants on site. Should any works involve impacts to marine plants, further
             pre-lodgement advice is advised to be sought prior to submitting a development application.
             Removal destruction or damage of marine plants

             The proposed works may involve the removal, destruction or damage of marine plants.
                 marine plants include:
                  o   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
                  o   any plant material on tidal land (up to the level of Highest Astronomical Tide
                      (HAT)).
                  Plants such as mangroves, mangrove fern, saltcouch or coastal 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:
                  o   a plant that is prohibited matter or restricted matter under the Biosecurity Act 2014;
                      or
                  o   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.
             Under the Planning Regulation, works involving the removal, destruction or damage of
             marine plants must be undertaken in accordance with the relevant accepted development
             requirements (ADR) (https://www.daf.qld.gov.au/business-


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            priorities/fisheries/habitats/fisheries-development/accepted-development) or under a
            development approval (assessable development).

            Operational works that impact upon marine plants, including but not limited to slashing
            and/or mowing for residential development cannot comply with any of the prescribed work
            types under the ADR.

            If a development approval is required for assessable development that is the removal,
            destruction or damage of marine plants, the following will need to be provided in an
            application:
             completed copy of DA form 1 (https://planning.statedevelopment.qld.gov.au/planning-
                 framework/development-assessment/development-assessment-process/forms-and-
                 templates)
             a full response to the relevant sections of State code 11
                 (https://planning.statedevelopment.qld.gov.au/planning-framework/state-assessment-
                 and-referral-agency/state-development-assessment-provisions-sdap). Particular
                 attention should be paid to the following POs:
                     o    all development – impacts to marine plants – PO1 to PO3
                     o    all development in general – PO4 to PO15
                relevant plans as per SARA’s DA Forms guide: Relevant plans, including:
                         the total amount of marine plants that will be disturbed, identifying portion of
                          permanent and/or temporary disturbance (in square meters or hectares)
                         the location of the marine plants to be disturbed in relation to the development
                          works
                         the level of HAT, mean high water spring tide, and low water spring tide
                         location and extent of fish habitat within the development area, including
                          creeks, sand and/or yabby banks, drainage lines, lagoons and marshes.
                     Note: All plans should be able to be read to scale at A3 size.

            Please note that it is unlikely that a proposal to mow or slash marine plants or locate
            buildings over marine plants or on tidal land will comply with the State code 11.

            Response to State code 11
             In accordance with PO1, the application must demonstrate that the design, construction
               and maintenance of the development does not result in adverse impacts to marine
               plants and fish habitat. An application should include a vegetation survey that identifies
               the location of all marine plants on site.
                In accordance with PO2 and PO3, SARA maintains an ‘avoid, minimise/mitigate, offset’
                 requirement that applies to all matters of State environmental significance (MSES).
                 Marine plants are an MSES under the Environment Offsets Act 2014. All applications
                 impacting MSES must comply with the ‘avoid, minimise/mitigate, offset’ framework.
                 Details will need to be provided on how impacts to marine plants are avoided, and
                 where avoidance is not reasonably possible, it must be demonstrated that impacts have
                 been minimised and mitigated.
                 Notwithstanding any measures to avoid or minimise/mitigate impacts to marine plants,
                 the works may still result in a significant residual impact (SRI),and may require an
                 environmental offset. Offsets will not be considered until it has been demonstrated that
                 all reasonable measures to firstly avoid and/or mitigate impacts to marine plants have
                 been taken (refer to Queensland Environmental Offset Policy


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                  (https://environment.des.qld.gov.au/__data/assets/pdf_file/0018/90180/offsets-policy-
                  general-guide.pdf) for further details).
                  Any rehabilitation of marine plants on site may help to reduce the scale of the SRI.
                  Options to mitigate the SRI to marine plants must be pursued before an offset can be
                  considered. In accordance with the Significant Residual Impact Guideline, the removal,
                  destruction or damage to marine plants may result in a Significant Residual Impact
                  (SRI) if the marine plants will not return to their pre-disturbed extent and condition
                  within five (5) years of the impact (this includes impacts to marine plants that are
                  permanent and those that may be temporary and meet this criterion (see Section 3.9).
                 In accordance with PO4, the application must demonstrate that the aspects of the
                  development are only permitted on tidal land where there is a functional requirement,
                  and the development cannot be feasibly located elsewhere. Ancillary elements are to
                  be located outside of tidal land.

 Koala habitat area
 3.        Based on the submitted plan the proposed dwelling house and shed will be located outside
           of the mapped core koala habitat area on the subject site. Please note that it is the
           applicant’s responsibility to ensure that any clearing required for the proposed development
           (including all infrastructure, access tracks etc) meets the definition of exempted
           development in accordance with Schedule 24 of the Planning Regulation. Any clearing
           required that does not meet the definition of exempted development, may require referral to
           SARA.
 Native vegetation clearing
 4.        The proposed development does not require referral for native vegetation clearing as the
           proposed clearing of native vegetation may be undertaken as exempt clearing under the
           Planning Regulation, Schedule 21 Exempt clearing work, Part 2, for freehold land, clearing
           vegetation-
             (a) that is residential clearing.
             Please note that the above exemption comes into action once building approval is obtained
             from the local government.
 Lodgement material
 5.      It is recommended that the following information is submitted when referring the application
         to SARA:
          DA form 1.
          A full response to the relevant sections of State code 11 of the SDAP
          Landowner’s consent.
          Relevant plans as per the DA Forms guide.

This advice outlines aspects of the proposed development that are relevant from the jurisdiction of SARA.
This advice is provided in good faith and is:
 based on the material and information provided to SARA
 current at the time of issue
 not applicable if the proposal is changed from that which formed the basis of this advice.

This advice does not constitute an approval or an endorsement that SARA supports the development
proposal. Additional information may be required to allow SARA to properly assess the development
proposal when a formal application has been lodged.

If you require further information please contact Ruth Creffield, Senior Planning Officer, on 5352 9775 or
via email [email protected] who will be pleased to assist.

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Yours sincerely




Paul Gleeson
Principal Planning Officer


 Development details

 Proposal:                    Material change of use for a dwelling house and shed

 Street address:              1270 McKinnon Drive, Ringtail Creek

 Real property description:   Lot 2 on SP265110

 Assessment Manager:          Noosa Shire Council




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