SARA - Pre-lodgement advice

                                                                                                2203-27779 SPL



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-


 State Assessment and Referral Agency                                                              Page 2 of 5