2504-45768 SRA_Response with conditions_MCU25-0038_OPW25-0056 · MCU25/0038

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SARA role:                              Referral agency
SARA trigger:                           Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation
                                        2017)

                                        Development application for operational works within navigable
                                        waterways
SARA reference:                         2504-45768 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         24 Wesley Court, Noosa Heads
Real property description:              45N21844
Applicant name:                         Robert David & Catherine Ellen Martyr
Applicant contact details:               18 Ron Parkinson Crescent
                                         Corbould Park QLD 4551
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Humans Right Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights.


Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Rosanna Nobile, Planning Officer, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Tony Croke
Principal Planner

cc      Robert David & Catherine Ellen Martyr, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions




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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Development Permit – Operational Work
 Schedule 10, Part 17, Division 3, Table 2, Item 1 — Tidal works or work in a coastal management
 district—The chief executive administering the Planning Act 2016 nominates the Director-General of
 the Department of Transport and Main Roads to be the enforcement authority for the development to
 which this development approval relates for the administration and enforcement of any matter relating
 to the following conditions:
 Approved plan
 1.      The development must be carried out generally in accordance with               At all times
         the following plan:
              Site plan and water allocation prepared by Marine Structures
                  dated 4 March 2025 reference MS-05063-01, Revision C
              Layout plan prepared by Marine Structures dated 4 March
                  2025 reference MS-05063-02, Revision B
 Lighting
 2.      (a) Light/mark all vessels, structures, plant and equipment                    For the duration of
             associated with:                                                           works and for
                 i.   the works, in accordance with the following                       operation to be
                     specifications:                                                    maintained at all times
                      any anchors deployed must be marked with yellow
                         buoys and fitted with FL yellow lights fitted
                      lighting provided must not obscure, disguise or
                         otherwise interfere with the effectiveness of
                         navigational lighting.
                 ii. operations, in accordance with the following
                     specifications:
                      section 3 of AS4282-1997 Control of the obtrusive
                         effects of outdoor lighting

         (b) Lighting provided must not obscure, disguise or otherwise
             interfere with the safe navigation of other vessels, including the
             effectiveness of navigational lighting.
 Protection of navigable waterways
 3.      The construction, operation and maintenance of the pontoon and any             For the duration of
         ship berthed, moored or attached to the structure, must not:                   works, and at all times
             (a) encroach into, pass over or under a navigation corridor
             (b) be located in a high-risk maritime zone
             (c) impede the safe navigation of other ships or boats
             (d) restrict safe access to or from neighbouring structures.
 4.      Remove and dispose of any debris or similar obstruction                        For the duration or
         encountered whilst undertaking the work at an appropriately licensed           works
         facility.
 5.      All piles and/or structure to be demolished both above and below the           Prior to the completion
         waterline must be completely extracted/removed.                                of the works




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP) (version 3.2). If a word remains
        undefined it has its ordinary meaning.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The development application is for a development permit for operational work that is prescribed tidal
   works for the installation of a jetty.
 The development site is located at 24 Wesley Court, Noosa Heads (formally described as Lot 45 on
   N21844) within a canal.
 The proposed development has been assessed against and complies with State code 7: Maritime
   Safety of the SDAP version 3.2, with conditions. In particular, the development:
       o does not compromise the viable operation of aids to navigation
       o does not compromise the safe operation of vessels in navigable waterways

Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.2), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      section 58 of the Human Rights Act 2019




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Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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