09/1024 - Concurrence Agency Response [As Published] · 132009.1024

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ecoaccess

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Notice

Concurrence Agency Response

 

 

It would be appreciated if Council could provide a signed hard copy of the final Decision Notice
(to include any DERM concurrence conditions) issued by Council for this application to:
DERMs Ecoaccess Customer Service Unit (Brisbane), PO Box 15155, CITY EAST QLD 4002,

and an electronic copy to [email protected] addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of
native title issues for an IDAS application rests with the Assessment Manager. Therefore, the EPA
has not provided a notification regarding this application to native title parties.

For any enquiries, the details of the relevant contact officer/s are included in the response.

iy

Ranald Scott
Project Manager - UXO
Delegate of the Administering Authority

 

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ecoaccess

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Concurrence Agency Response

 

Concurrence agency response
Sections 3.3.16 and 3.3.18 Integrated Planning Act 1997

Development Description

oO Reconfiguration of a Lot
Material Change of Use
where: ,
Oo the existing use of the land is, or if the land is vacant land with no existing use the most
recent use of the land was, for a notifi able activity under the Environmental Protection
Act 1994. . ,
O.- the proposed use of the land is for child care, educational, recreational, residential: ‘or *

similar purposes and the existing use of the land is, or if the land is vacantland with no
‘» existing use the most recent use of the land was} for an industrial activity.} o*

the land is on the Environmental Management Register or Contaminated Land Register
under the Environmental Protection Act 1994.

the land is wholly or partly within an area for which an Area Management Advice for
industrial activity or natural mineralisation has been issued and the proposed use of the
land is for child care, educational, recreational, residential or similar purposes.

the land is wholly or partly in an area for which an Area Management Advice for
unexploded ordnance has been issued.

Q

The concurrence agency response is that

The EPA is a concurrence agency for the application pursuant to the following item/s of the

Integrated Planning Regulation 1998:

oO Item 21(b), Table 2 of Schedule 2 of the integrated Planning Regulation 1998 . !
4 Item 12, Table 3 of Schedule 2 of the integrated Planning Regulation 1998 i

The application has been assessed and it has been decided that: fy
conditions must attach to any development approval : ty
any approval must be for part only of the development {|
any approval must be a preliminary approval only

there are.no concurrence agency requirements

the application must be refused

_ oooog

Reasons for inclusion of: development condition/s or refusal * ' . i

(in accordance with section 3. 3 18 of the Integrated Planhing Act 1997 and section 278 of the Acts Interpretation Act
1954, a concurrence response must include reasons for a refusal or for the inclusion of development conditions.)

The site (the subject lot/s) is part of an area of land within which the Department of Defence
(Defence) has assessed a ‘substantial’ risk of residual UXO contamination exists. Visit the Defence
website http://www.defence.gov.au/uxo/ for details.

Defence advises that development or land use rezoning proposals for land within a ‘substantial’ zone
should only proceed following the conduct of UXO investigation and clearance activities. Defence
maintains a list of commercial UXO investigation and remedial search contractors that it accredits to
carry out this work.

Defence also recommends that owners or occupiers of potentially affected land and workers and
contractors employed on the land need to be aware of the procedure if a suspect object.is found.

 

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Concurrence Agency Response

 

As DERM has no record of the site being further investigated or remediated, it is considered that
there remains a possibility of UXO being found on it.

However, DERM is also informed of the extent of development that has been carried out on the
site. Because there is no recorded evidence of UXO being found on this site during its
development to date or on adjoining sites that have been similarly developed, it is considered that
the potential for residual UXO to exist on the site is only slight.

Conditions of the development approval

The following concurrence agency conditions are to be attached to any-approval:

: i

: Any person employed to work on any excavation, earthworks or soil disturbance related to
the subject development of the site is to be forewarned in writing by the applicant.

:

4 soft ~ tows ae oe twee,

~ =. This warning is ‘to éxplaia that information available to DERM indicates a slight potential for -

residual UXO exists on the site and work should proceed with due caution. It is to state the ~
procedure to be followed by any person finding an object suspected of being explosive
ordnance or component thereof:

Do not disturb the object. :

Take action, where appropriate, to prevent it being disturbed by another person.
Note its approximate dimensions and general appearance.

Note the route to its location. -

Advise the Police as soon as possible.

The applicant is to notify DERM of any UXO or explosive ordnance component found on the
site as soon as possible after such an object is discovered. .

At the completion of any excavation, earthworks or soil disturbance related to the subject
development, a written statement, signed by the principal contractor, is to be provided by the
applicant to DERM advising of any evidence of UXO or lack thereof and the extent of
earthworks conducted.

Prior to Condition 3 being satisfied, no excavated gravel, rock, sand or soil is to be removed
from the site without written DERM approval.

2 . . ¢ . ‘ .
The applicant is to advise the owner and aiy ‘occupier of the site of the above

responsibilities.

Additional comments or advice about the application.

Applicants may visit DERM’s website http://www.derm.qld.gov.au/ or visit the Defence website
http://www.defence.gov.au/uxo/ for the details of current UXO investigation and remedial search
contractors. DERM accepts reports based on investigative and remedial work carried out by these
contractors.

Applicants may choose to discuss, with DERM, an alternative to compliance with the above
conditions. Such alternative would involve the employment of a UXO contractor to complete an
investigation and any necessary remedial action and to subsequently submit an investigation/
remediation report to DERM as part of the approval process. This would be with the view of having
DERM reassess the whole lot as being unaffected by UXO and for DERM to advise the applicant
and Council accordingly. Such reassessment may be possible where the report contains sufficient

 

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Concurrence Agency Response

evidence for Defence's assessment, in regard to the particular lot, to be refuted, or for the lot to
otherwise be considered remediated. Where there is insufficient evidence, such reassessment would
be unlikely.

Also, where the use of detection equipment by the UXO contractor, as part of the investigation, is
made impractical due to existing structures or metal waste in the ground, the UXO contractor may be
limited to a visual inspection during excavation, etc, or to screening the gravel, rock, sand or soil as it
is excavated. Under these circumstances, whilst a greater certainty may be attached to identifying
any possible UXO, from a safety perspective, the risk would be reduced not much more than it would
through compliance with the above conditions.

Additional information for applicants : : ar:

This concurrence response pursuant to the Environmental Protection Act 1994 applies only to’
contaminated. land. issues and does not remove the need to obtairi any further approval for. this
development which may be required by this or other legislation, State and/or Commonwealth.

Applicants are advised to check with all relevant statutory authorities for such requirements.

Enquiries:

Ranald Scott, Project Manager (UXO) — Department of Environment and Resource Management
Ph: (07) 5459 6129 Fax: (07) 5443 9927 email:[email protected]

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