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SPA Decision Notice - 010.2010.00000783.001 [As Published] · 142010.783

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                                               Officer:          Marcus Brennan
                                               Direct Telephone: (07) 5449 5225
                                               Response Address: Locked Bag 72
                                                                 Sunshine Coast Mail Centre QLD 4560
                                               Email:            [email protected]
                                               Our Reference:    2010/783
                                               Your Reference:
4 August 2010


Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566



Dear Sir

                                       Decision Notice
                                   Sustainable Planning Act 2009
I refer to your application and advise that on 3 August 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                    2010/783
    Street address:                    13 Key Court NOOSA HEADS
    Real property description:         Lot 170 N 21858
    Planning Scheme:                   The Noosa Plan

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Operational Works - Prescribed Tidal Works - Jetty

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS
1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are listed in the following table and as
         may be amended by these conditions.

          Plan / Document No.      Rev.   Plan / Document Name                               Date
          10/73-1 and 10/73-2      -      Working Drg - John Norden and Associates           May 2010

2.       All parts (above and below water level) of the existing jetty shall be removed as part of these
         works.
3.       All structures associated with the jetty shall be constructed wholly within the 12m quayline
         shown on The Department of Environment and Heritage Coastal Development Section Plan
         Number NQ-01 dated April 1994.


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Full text of the other 8 pages

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4.    The jetty shall be constructed such that no part of the jetty stands less than 3.0 metres from
      the prolongation of the side boundary lines of the subject site as described in section 1.1 of
      Council’s Planning Scheme Policy 4 – Domestic Marine Uses Outside of Noosa Waters
      Estate.
5.    Structures shall be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall or rock wall.
6.    A rigid handrail shall be fitted on one side of the walkway.
7.    No posts or vertical supports of the proposed jetty shall extend vertically from the structure unless
      they provide support for the handrail.
8.    No boatlifting devices shall be attached or moored at the jetty structure for the purpose of
      elevating a vessel above the water without Council approval.
9.    The jetty shall be constructed in a manner to render the underside area vermin proof.
10.   There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
11.   Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
12.   The jetty shall be used for private purposes only with no commercial operations are to be
      undertaken.
13.   Boat repair activities are not permitted on site.
14.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
15.   The mooring facility shall not be utilised for live-aboard purposes.
16.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
17.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. Also any
      approval granted does not warrant that such plans and specifications have been checked in
      detail, nor does it absolve the owner of the land from complying with all the conditions of this
      approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
      statutory regulations in the execution and/or performance of said works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
18.   Certification by a Registered Professional Engineer of Queensland must be submitted to
      Council prior to the return of any bond monies held by Council. The certification must state
      that the jetty has been constructed in accordance with best practice methods, is in accordance
      with Coastal Protection and Management Act 1995, is structurally sound and will have no
      detrimental affect on the existing revetment walls.
19.   A final inspection and approval of the structure by Council’s Inspector is also required prior to
      the return of any bond monies held by Council. Please contact Council’s Planning Assessment
      Section to arrange the inspection.
20.   The jetty shall be licensed with the Council upon completion of the structural work and must be
      licensed annually thereafter.
21.   No construction work is to be undertaken until separate approval is granted by the
      Environmental Protection Agency (Coastal Management Branch) and any requirements of the
      Department of Transport and Department of Primary Industries have been met.
Relevant Period
22.   The Development Permit for Operational Works (Jetty) lapses if the works have not been
      completed by 3 August 2012, unless an application to extend the relevant period is approved
      by Council.1
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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger     Referral Status       Referral Agency               Referral Address

 Operational          Concurrence           Department of Transport       Maritime Safety Queensland
 Works - Tidal                              and Main Roads                MacArthur Avenue East
                                                                          Pinkenba Queensland 4008

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following table:

     Plan / Document No.       Rev.     Plan / Document Name                              Date
     10/73-1 and 10/73-2       -        Working Drg - John Norden and Associates          May 2010

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Sustainable
      Planning Act 2009 must be made. Amended plans clearly indicating the changes must be
      lodged with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1.   On a Sunday or public holiday, at any time; or
      2.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      2.3.   A maximum penalty of $1,500 applies to an offence under this legislation.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991, Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council prior to
      commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

                                                                                         Page 3 of 9

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8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

10     FURTHER DEVELOPMENT PERMITS REQUIRED

Not applicable.

11     SELF ASSESSABLE CODES
Not applicable.

12     SUBMISSIONS
Not applicable.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

15     OTHER DETAILS

Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,




Denis Wallace
Senior Development Planner



Enc:    Appeal Rights
        Referral Agency Response
        Approved Plans/Documents



c.c     Department of Transport and Main Roads
        Maritime Safety Queensland
        MacArthur Avenue East
        PINKENBA QLD 4008
                                                                                   Page 4 of 9

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                                         2010/783



Referral Agency Conditions
SUNSTAINABLE PLANNING ACT   2009   &    SUSTAINABLE
PLANNING REGULATION 2009




                                       Page 5 of 9

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  2010/783




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[OCR of page images]
2010/783

 

Queensland
Government

9 June 2010 Department of
Transport and Main Reads

Noosa Jetty Builders
PO Box 299
Noosaville Qld 4566

Dear Sir

Operational Work, Prescribed Tidal Works — Request for comments
Jetty - B. Lang, 13 Key Court, Noosa Heads (Lot 170)

Thank you for your letter of 26 May 2010 about your proposal to construct a jetty at the location
mentioned above.

As a concurrence agency, Maritime Safety Queensland has no objection to the proposal provided the
following navigation and marine safety conditions are complied with.

1. The contractor must build the jetty according to JNA, Drawing No 10/73-1, attached to your letter
dated 26 May 2010.

2. No part of the structure or any ship berthed at this structure is to come closer than | Smetres from
the side boundaries of the allocated water space as shown on the submitted water allocation plan,

3. The jetty and all freestanding piles must be lit and clearly visible to approaching vessels. The
contractor must position all lighting so it does not cause a risk to the safe navigation of other
vessels,

4. The applicant or his agent is responsible for the removal of any existing structure above or below
the waterline, and must contain and remove any debris. Any pile that needs to be removed must
be totally extracted,

5. The ship moored at this jetty must follow the most direct course from this structure to open waters
and a similar direct course when retuming to this pontoon. By only using the Noosa Waters
Canals, the ship moored at this pontoon is not permitted to enter into any other canal enroute.

Department of Transport and Main Roads (Our rat TOM 1702 (2) P41 160 E37520 F24
Mantime Safety Queenstand ‘Your ref

Marine Operations (Brebane) Enquiries James O'Conner

Macéthur Avenue East Telephone +61 7 3860 3504

Pinkends Queensiand 4008 Facsim@o +61 7 3860 3571

Website — www.msq.qid.gov.u
Email jame.b.o'connonf}raq.qié.gov.au

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  2010/783




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[OCR of page images]
2010/783

 

10.

1k

The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide, The ship must comply with any local restrictions placed on channel
depths and draft restrictions.

Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.

Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.

Any ship moored at this jetty must not impede the safe navigation of other ships or restrict safe
access to or from neighbouring structures,

Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the
jetty must not exceed the following sizes:

Wet Berth Dry Berth
Length Overall - 5 metres NA
Beam - 2 metres

The contractor must construct the jetty within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met,

The above conditions must be included in your application to the assessment manager.

This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

Captain Richard C Johnson
Regional Harbour Master (Brisbane)

Page 2 of2

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                                                                                              2010/783



                                                  Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                 PLANNING REGULATION 2009




The following is an extract from the Sustainable                     (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6).                                            section 341 for the approval.
                                                          (3)    However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                          submitter—
LOT & OPERATIONAL WORKS
                                                                 (a) withdraws the submission before the
Division 8 - Appeals to court relating to                            application is decided; or
development applications
                                                                 (b) has given the assessment manager a
461     Appeals by applicants                                        notice under section 339(1)(b)(ii).
(1)     An applicant for a development application        (4)    The appeal must be started within 20
        may appeal to the court against any of the               business days (the submitter’s appeal
        following-                                               period) after the decision notice or
        (a) the refusal, or the refusal in part, of a            negotiated decision notice is given to the
           development application;                              submitter.
        (b) any condition of a development approval,      463   Additional and extended appeal rights for
           another matter stated in a development               submitters for particular development
           approval and the identification or inclusion         applications
           of a code under section 242                    (1)    This section applies to a development
        (c) the  decision to give a preliminary                  application to which chapter 9, part 7
           approval when a development permit was                applies.
           applied for;                                   (2)    A submitter of a properly made submission
        (d) the length of a period mentioned in                  for the application may appeal to the court
           section 341;;                                         about a referral agency’s response made by
        (e) a deemed refusal of the development                  a prescribed concurrence agency for the
           application.                                          application.
                                                          (3)    However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                 against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                 extent it relates to—
        (the applicant’s appeal period) after—
        (a) if a decision notice or negotiated decision          (a) if the prescribed concurrence agency is
            notice is given—the day the decision                     the chief executive (environment)—
            notice or negotiated decision notice is                  development for an aquacultural ERA; or
            given to the applicant; or                           (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                  the    chief   executive      (fisheries)—
            required to be given to the applicant.                   development that is—
(3)     An appeal under subsection (1)(e) may be                     (i)  a material change of use of
        started at any time after the last day a                          premises for aquaculture; or
        decision on the matter should have been                      (ii) operational work that is the removal,
        made.                                                             damage or destruction of a marine
                                                                          plant
462     Appeals by submitters - general
                                                          (4)    Despite section 462(1), the submitter may
(1)     A submitter for a development application
                                                                 appeal against the following matters for the
        may appeal to the court only against-
                                                                 application even if the matters relate to code
        (a) the part of the approval relating to the             assessment—
           assessment manager’s decision about
                                                                 (a) a decision about a matter mentioned in
           any part of the application requiring
                                                                     section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                     chief executive (fisheries);
        (b) the part of the approval relating to the
                                                                 (b) a referral agency’s response mentioned in
           assessment manager’s decision under
                                                                    subsection (2).
           section 327.
                                                          464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1       (1)    Subsection (2) applies if an advice agency, in
        or more of the following—                                its response for an application, told the
                                                                 assessment manager to treat the response
        (a) the giving of a development approval;                as a properly made submission.
        (b) any provision of the approval including—      (2)    The advice agency may, within the limits of its
           (i)    a condition of, or lack of condition           jurisdiction, appeal to the court about—
                  for, the approval; or

                                                                                            Page 8 of 9

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                                                                                        2010/783

      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact assessment under section 314; or      (1)    A person to whom a notice under section
      (b) any part of the approval relating to the           378(9)(b) giving a decision to change or
          assessment manager’s decision under                cancel a condition of a development approval
          section 327                                        has been given may appeal to the court
(3)   The appeal must be started within 20                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is given to the person.
(4)   However, if the advice agency has given the     For Building Works Only
      assessment manager a notice under section       532    Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                            (1)    If—
465   Appeals about decisions         relating   to          (a) a person has been given, or is entitled to
      extensions for approvals                                  be given—
(1)   For a development approval given for a                     (i)       an information notice under the
      development application, a person to whom a                          Building Act about a decision
      notice is given under section 389, other than                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       (ii)      an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    (i)       was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 (ii)      is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions         relating   to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for
                                                      (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)   the person who made the request;
                                                                  an application other than a building
               or                                                 development application to a local
         (ii) an entity that gave a notice under                  government; and
               section 373 or a pre-request                  (b) the period required under that Act for the
               response notice about the request
                                                                  local government to decide the
      (b) if the responsible entity for making the                application (the decision period) has
          change is a concurrence agency for the                  passed; and
          application—the person who made the                (c) the local government has not decided
          request..                                               the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development
      business days after the day the person is                   committee against the lack of the
      given notice of the decision on the request                 decision and for the committee to decide
      under section 376.                                          the application as if it were the local
(3)   Also, a person who has made a request                       government.
      under section 369 may appeal to the court       (4)    An appeal under subsection (3) must be
      against a deemed refusal of the request.               started within 20 business days after the end
(4)   An appeal under subsection (3) may be                  of the decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.

                                                                                     Page 9 of 9

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