Harle - Early referal Response

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                                                                                            2211-32227 SER



Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.

Reasons for decision to impose conditions
SARA must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Approved plans and specifications
SARA requires that the plans and specifications set out below and enclosed must be attached to any
development approval.

 Drawing/report title              Prepared by            Date           Reference no.    Version/issue
 Aspect of development: Operational work for prescribed tidal work (removal of existing pontoon
 and installation of new pontoon system)
 Site Plan, Layout Plan &          The Jetty Specialist   14/10/2022     TJS-04772-01     A
 Water Allocation

Pursuant to section 54(4) of the Act, you will not be required to refer your application to SARA if you
submit this early referral response in its entirety when making the application to the assessment
manager, and the following conditions are satisfied:
  Any changes to the proposal before the application is made to the assessment manager do not
    result in a substantially different development to that which was presented to SARA with the request
    for an early referral response
  The development application must be made to the assessment manager within 12 months of the
    date of this early referral response.

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Paul Gleeson
Principal Planning Officer

enc     Attachment 1—Conditions to be imposed
        Attachment 2—Reasons for decision to impose conditions
        Approved plans and specifications




 State Assessment and Referral Agency                                                          Page 2 of 4

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                                                                                                2211-32227 SER



Attachment 1—Conditions to be imposed


 No.     Conditions                                                              Condition timing
 Operational work for prescribed tidal work (removal of existing pontoon and installation of new
 pontoon system)
 Planning Regulation 2017, 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 Environment and Science 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:
 1.      The development must be carried out generally in accordance with        At all times
         the following plan:

                 Site Plan, Layout Plan & Water Allocation, prepared by The
                  Jetty Specialist, dated 14/10/2022, drawing number TJS-
                  04772-01, revision A.
 2.      The structure must be lit/marked in accordance with the following       At all times
         specifications, such that it does not cause a risk to the safe
         navigation of other ships:

                 Section 3 of AS4282-1997 Control of the obtrusive effects of
                  outdoor lighting.
 3.      The construction, operation or maintenance of the structure, and any    At all times
         ship berthed, moored or attached to the structure, must not:

              (a) encroach into, pass over or under a navigation corridor, or
              (b) be located in a high risk maritime zone.
 4.      Any debris or similar obstruction generated whilst undertaking the      While works are
         work must be removed from the waterway and suitably disposed of         occurring
         at the applicant’s expense.
 5.      All piles and/or structures to be demolished, both above and below      Prior to the completion
         the waterline must be completely extracted/removed.                     of works




 State Assessment and Referral Agency                                                              Page 3 of 4

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                                                                                           2211-32227 SER



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
    To ensure the development is carried out generally in accordance with the plans of development
       submitted with the application.
    To ensure that at all times, all lights on or above the development site do not interfere with safe
       navigation in surrounding waterways.
    To ensure the development does not encroach on the navigation corridor or high risk maritime
       zone to ensure the safe passage of vessels.
    To ensure that debris from the development does not create a hazard to navigation.
    To ensure that there is no residual material that could create a hazard to navigation.

Findings on material questions of fact:
     The proposed development is located in a canal.
     The proposed development is for the construction of a private single vessel pontoon.
     The proposed structure, including any vessel berthed, moored or attached to the structure:
     will not encroach into, pass over or under a navigation corridor, and
     is not located in a high risk maritime development zone.

Evidence or other material on which the findings were based:
     Development application
     State Development Assessment Provisions published SARA, version 3.0
     Planning Act 2016
     Planning Regulation 2017
     SARA DA mapping system.
     Human Rights Act 2019




 State Assessment and Referral Agency                                                         Page 4 of 4

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Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1
regarding representations about a referral agency response



Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
        further period agreed ends, change its referral agency response or give a late referral agency
        response before the application is decided, subject to section 28.2 and 28.3.
28.2. A concurrence agency may change its referral agency response at any time before the application
        is decided if—
        (a) the change is in response to a change which the assessment manager is satisfied is a change
              under section 26.1; or
        (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or
        (c) the applicant has given written agreement to the change to the referral agency response.2

28.3. A concurrence agency may give a late referral agency response before the application is decided,
        if the applicant has given written agreement to the late referral agency response.
28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),
        the concurrence agency must—
        (a) give notice of its intention to change its referral agency response to the assessment manager
              and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
              and
        (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
              further period agreed between the applicant and the concurrence agency, to give an amended
              referral agency response to the assessment manager and a copy to the applicant.




1   Pursuant to Section 68 of the Planning Act 2016
2   In the instance an applicant has made representations to the concurrence agency under section 30,
    and the concurrence agency agrees to make the change included in the representations, section
    28.2(c) is taken to have been satisfied.


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Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. 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.3




3   An applicant may elect, under section 32, to stop the assessment manager’s decision period in which
    to take this action. If a concurrence agency wishes to amend their response in relation to
    representations made under this section, they must do so in accordance with section 28.


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                                                                                                                                              FOR CONSTRUCTION
                                                                                        SE HARLE                          SITE PLAN, LAYOUT PLAN                 A3
                                                                                        LOT 221 (34) COORAN CRT
                                                                                        NOOSA HEADS                       & WATER ALLOCATION
                                                                                        PROPOSED PONTOON & CATWALK
                             18 RON PARKINSON CR BELLS CREEK QLD 4551                                                     TJS-04772-01                           A
        5496   24/11/2022
                            1300 260 878 www.tjsmarine.com.au * [email protected]