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DERM Concurrence Agency Response OPW12/0139

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                                                            _r                                                      Notice
                                                                                      Concurrence Agency Response
     This notice is issued by the chief executive pursuant to section 287 (concurrence agency response) of the Sustainable
     Planning Act 2009.



     Sunshine Coast Regional Council                                            cc.     Noosa Group Pty Ltd
     Locked B~g 72                                                                      PO Box 1804
     Sunshine Coast Mail Centre                                                         Noosaville QLD 4566
     Nambour QLD 4560                                                                   Attn: Wade Batty
     Attn: Mark Lewis


                                                                                Our reference:   323760\MCY1970


     Re:      Concurrence Agency Response, Marina facility development, 186 Gympie
              Terrace, Noosaville, Noosa River

     1.       Application details

              Applicant: Noosa Group Pty Ltd
              Assessment Manager ref: OPW 12/0139

              Date application referred to the concurrence agency: 30 August 2012

              Development approval applied for: Development permit
              Aspect(s) of development:
                                                           Assessable development                               Referral agency
                                                                                                                   reference

               Operational work Tidal works, or
                                            -
                                                                              Sustainable Planning              SPCC04701712
               development in a coastal management                            Regulation 2009   -




               district                                                       Schedule 7, table 2,
                                                                              item 13




             Development description(s): Commercial marina facility terminal, including existing building, timber
             jetty, piles, mooring facilities, floating walkways and pontoons.
              Property/Location description(s): 186 Gympie Terrace, Noosaville QLD 4566 on Lot 162 on
              CP907407, Noosa River


     2.       Concurrence jurisdiction


              The concurrence agency response for the concurrence agency referral jurisdiction for the aspect
              of development involved with the application the subject of this Notice is to tell the assessment
              manager as follows:

                   a.     Conditions must attach to any development approval, and those conditions are attached to
                          this notice as:

                          i)     SPCC04701712
                                                                                             oM /d!oljq

                                                                                         [BOX:.a/?l.~.. ......l9........lrn ~
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     Department of Environment and Heritage Protection
                                                                                                            ..
                                                                                                             Queensland
     www.ehp.qld.gov.au ABN 46 640 294485                                                                   ..
                                                                                                             Government
Full text of the other 6 pages

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                                                                                                                  ,



                                                                                                            Notice

                                                                    Concurrence Agency Response


3.      Approved plans and specifications
              Document no.                            Document name                                    Date

              UPL 162.01.09             Proposed layout commercial marina on behalf:              Plan amended
                                        The McDonnell Children Maintenance Trust Lot                25.08.2010
                                        162/CP907407 186 Gympie Terrace, Noosaville

              UPL 162.06.10                   Proposed Layout Gamefishing Wharf                    Plan released
                                                    and Mooring Facilities                          25.08.2010

                  M2234-01                       Noosaville Gamefishing Wharf
                                                                                                   1 April 2008
                                            McDonnell Childrens Maintenance Trust
                                                     Ascon Pile Positions

              UPL 162.04.04                 As constructed Repairs and Maintenance
                                                                                                  Plan amended
                                                  Gamefish Wharf Boatshed
                                                                                                    7.03.2008

              UPL 162.05.01        As constructed Structural Detail Repairs & Maintenance
                                                                                                  Plan released
                                                                                                    7.04.2008



4.         General advice to assessment manager

           Pursuant to section 334 and section 363 of the Sustainable Planning Act 2009, a copy of a decision
           notice or negotiated decision notice issued by the assessment manager must be forwarded to the
           referral agency for the relevant application. Please send a copy of the relevant notice to The
           Department of Environment and Heritage Protection, PO Box 362, Maroochydore OLD 4558 and
           an electronic copy to   [email protected].
       .
           The state’s Native Title Work Procedures provide that responsibility for assessment of native title
           issues for an IDAS application rests with the assessment manager.




                                                                  Enquiries
Delegate                                                           Rod Garner
Deena Rigby                                                        Department of Environment and Heritage
Delegate, Chief Executive administering the Coastal               Protection
Protection and Management Act 1995                                 12 First Avenue, Maroochydore OLD 4558

Department of Environment and Heritage Protection                  PO Box 362 Maroochydore OLD 4558
21 September 2012                                                  Phone: (07)54596 132
                                                                   Fax:     (07)54596 190
                                                                   Email:   [email protected]

Attachment(s) EHP Permit SPCC04701712




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Page 3

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                                                                                                               Sustainable Planning Act 2009


                                                                                                        1
                                                                                        EHP Permit          number:              SPCC04701712


            Assessment manager reference:                                         OPW 12/0139



            Date application received:                                        30 August 2012
            Permit type:                                                      Concurrence agency response and development permit


            Date of decision:                                                 21 September 2012


                                                                              Concurrence agency response, approved subject to
            Decision:
                                                                              conditions that must attach to any development approval


            Relevant laws and policies:                                           Coastal Protection and Management Act 1995 and any related
                                                                              statutory instruments and subordinate legislation

            Jurisdiction(s):                                                  Sustainable Planning Regulation 2009       -
                                                                                                                             Schedule 7, table 2,

                                                                              item 13




        Development Description(s)


                              Property/Location                                                                  Development

               186 Gympie Terrace,                     Lot 162 on                         Prescribed tidal works   -

                                                                                                                      Proposed commercial marina
               Noosaville QLD 4566                     CP907407                           facility terminal, including existing building, timber jetty,
                   at Noosa River                                                         piles, mooring facilities, floating walkways and pontoons.


        Reason(s) for inclusion of conditions

        In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
        stated in this permit required by the concurrence agency response for the application are as follows.


        The conditions are included pursuant to section 106 of the Coastal Protection and Management Act 1995.
        The chief executive may impose on the development approval the conditions the chief executive considers
        appropriate for coastal management.

        This development approval authorises the works, it does not authorise environmental harm unless a
        concurrence agency condition within this                       development approval explicitly authorises that harm. Where there
        is no condition or the development approval is silent on a matter, the lack of a condition or silence shall not
        be construed as authorising harm.




        1
            Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalenUsimilar as required by legislation
        administered by the Department of Environment and Heritage Protection.




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        Department of Environment and Heritage Protection
        www.ehp.qld.gov.au ABN 46 640 294485

Page 4

                                                                                                                   ,




                                                            EHP Permit number:               SPCC04701712


Table 1. Plans & Documents

              Document no.                           Document name                                   Date

              UPL 162.01.09            Proposed layout commercial marina on behalf:             Plan amended
                                      The McDonnell Children Maintenance Trust Lot                25.08.2010
                                      162/CP907407 186 Gympie Terrace, Noosaville

              UPL 162.06.10                Proposed Layout Gamefishing Wharf                     Plan released
                                                 and Mooring Facilities                           25.08.2010

                  M2234-01                     Noosaville Gamefishing Wharf
                                                                                                 1 April 2008
                                          McDonnell Childrens Maintenance Trust
                                                   Ascon Pile Positions

              UPL 162.04.04              As constructed Repairs and Maintenance
                                                                                                Plan amended
                                                 Gamefish Wharf Boatshed
                                                                                                  7.03.2008

              UPL 162.05.01        As constructed Structural Detail Repairs & Maintenance       Plan released
                                                                                                  7.04.2008




Delegate
Deena Rigby
Delegate, Chief Executive administering the Coastal Protection
and Management Act 1995
Department of Environment and Heritage Protection
21 September 2012




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                                                                    EHP Permit number:            SPCC04701712



CONDITIONS

A 1.              All works are to be constructed and maintained in accordance with the drawings and specifications
                  indicated in Table 1. Plans & Documents or any subsequent endorsed amendments to those plans
                  unless the plan conflicts with a condition of this approval in which case the conditions take
                  precedence.

A2.               The chief executive administering the Coastal Protection and Management Act 1995 may order
                  the works to be removed or modified within a reasonable time, if the works have or are likely to
                  have a significant effect on coastal management because the works:
                      (a) create a navigation hazard or other danger to the public; or
                      (b) cause erosion or land degradation; or
                      (c) are unstable; or
                      (d) have not been constructed according to the plans (Table 1. Plans and Documents).

A3.               The chief executive administering the Coastal Protection and Management Act 1995 may
                  suspend or cancel this permit, if the works have or are likely to have any significant impacts
                  on coastalmanagement.

A4.               A report from a Registered Professional Engineer of Queensland (RPEQ)must be submitted
                  to the administering authority within three months from the date of completion of the works,
                  certifying that:
                      (a) The works (including any other associated works) has been constructed in accordance
                           with the plans and documents (Table 1      -
                                                                       Plans and Documents); and
                      (b) The  works  are structurally adequate for its intended location and anticipated usage; and
                      (c) The  bed  or banks  of the waterway for a distance  of 15 metres around the site of the
                           works are clear of all debris.


A5.               All reasonable and practicable measures must be taken to prevent or minimise an increase
                  in turbidity or the release of contaminants as a result of these works to surrounding waters.


A6.               Any material or debris associated with the works that is unlawfully deposited into waters
                  must be removed.


A7.               All temporary works associated with the construction of the works are to be removed from the
                  site at the completion of the works.


AS.               During and following the works, any areas disturbed by the works must to be effectively stabilised
                  to prevent erosion and sediment runoff.


A9.               There must be no damage or removal of vegetation on State coastal land above high-water mark
                  without the written approval of the entity responsible for the management and control of the land;
                  or other lawful   authority, justification or excuse.




                                            END OF CONDITIONS




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                                                                                        EHP Permit number:                SPCC04701712




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