07/2333 - Referral Agency Response - EPA [As Published] · 142007.2333

Page 2

ecoaccess

environmental licences and permits
, Notice
Concurrence Agency Response

4. The approved plans

The approved plans and/or documents for this approval are:

 

 

 

Plan / Drawing numbers Date —
07/65-1 A prepared by S Ashton (John Norden & Associates) May 2007
07/65-2 prepared by S Ashton (John Norden & Associates) May 2007

 

 

 

 

5. Codes for self-assessable development

Any self-assessable development for an environmentally relevant activity conducted in conjunction
with this approval, must comply with the relevant code of environmental compliance.

1 - ap epee }

6. Assessment Manager Responsibilities ”

Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997
that a copy of the final Decision Notice (which includes the EPA’s concurrence response) for this application
issued by the Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore could you
please send a signed hardcopy to the EPA’s Ecoaccess Customer Service Unit, PO Box 15155 CITY EAST
4002. :

In addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of native title
issues for an IDAS application rest with the Assessment Manager. Therefore in this instance, the EPA has
not provided a notification to native title parties.

If you require more information, please contact Zoe Helyer, the Project Manager, on the telephone number
listed below.

Yours sincerely

Enquiries:
per Sale ES - Reg Serv - Bne North - Sunshine Coast -
elegate . EPA
Environmental Protection Agency PO Box 168
20-OCT-2008 COTTON TREE QLD 4558

Phone: (07) 5459 6132
Fax: (07) 5443 9927

 

Page 2 of 2 » AF080109 Environmental Protection Agency

Page 3

  

 

Concurrence:Agency Response

Section 3.3.16 and 3.3.18 Integrated Planning Act 1997

  
 

EPA Permit! number: IPCC01226208

 

 

 

EPA Permit’ number: -© 1P©CO1226208
Assessment Manager reference: 2007/2333
Date application received by EPA: 07 - October -2008 ~

Permit' Type: Concurrence Response for Operational Work
Operational Works that is prescribed tidal works; being a

Activity Description domestic marine jetty

Applicant Pile-It Pty Ltd (trading as Noosa Jetty Builders)"
Date of Decision: 20 - October -2008

Decision: Granted in full subject to the attached conditions

Coastal Protection and Management Act 1995 and any

Retevant Laws and Policies: subordinate legislation

 

 

Development Description

 

 

 

 

 

Property Lot/Plan Aspect of Development
35 Wyuna Drive, . .
NOOSAVILLE QLD 4566 Lot 17 Plan.N10576 Prescribed Tidal Work

 

 

Response to Development Application

The EPA, acting as a concurrence agency under the Integrated Planning Act 1997, provides its response to the
application (detailed above). The condition(s) listed betow must attach to any approval for the development.

Conditions:

1. The works must be undertaken in accordance with the plans listed below.

Plans:

* Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as
required by legislation administered by the Environmental Protection Agency and the Queensland Parks and
Wildlife Service

 

Page 1 of 5

. : ueensland Government
Environmental Protection Agency Queensland Government

www.epa.gqid.gov.au ABN 87 221 158 786 Queensland Parks and Wildlife Service

Page 4

4.

Concurrence Agency Response

EPA Permit number: IPCC01226208

 

 

 

 

 

 

 

 

Plan / Drawing numbers Date
07/65-1 A prepared by S Ashton (John Norden & Associates) May 2007
07/65-2 prepared by S Ashton (John Norden & Associates) : May 2007
2. Removal of the existing pontoon: —

(a) All debris created from the removal of the existing structure must be removed and disposed of
in an appropriate manner above the level of highest astronomical tide.

(b} Any material or debris that falls or is deposited on tidal lands during the removal of the existing
pontoon structure must be removed by the constructing authority at its cost and expense prior
~ to the completion of the works. - oN . ’ é

3. All reasonable and practicable measures must be taken to minimise pollution of tidal waters as a
result of sediment runoff, and the discharge of other contaminants, including fuel, oil, construction
waste and hydraulic fluid to the waterway during construction of the works.

Reasons for inclusion of development conditions

In accordance with section 3.3.18(8) of the Integrated Planning Act 1997 and section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:

The Environmental Protection Agency is a concurrence agency under the Integrated Planning Regulation 1998
for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or
aesthetic significance or value.

Additional information for applicants

Contaminated Land

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1 994) is being carried out on
the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after
becoming so aware, give notice to the Environmental Protection Agency.

Ben Sale

Delegate

Environmental Protection Agency
20-OCT-2008

 

Page 2 of 5 Environmental Protection-Agency

Page 5

Concurrence Agency Response

EPA Permit number: IPCC01226208

DEFINITIONS
Words. and phrases used throughout this permit’ are defined below. Where a definition for a term used in this
permit’ is sought and the term is not defined within this permit' the definitions provided in the relevant legislation

shall be used.
“administering authority" means the Environmental Protection Agency or its successor.

“annual return” means the return required by the annual notice (under section 316 of the Environment
Protection Act 1994) for the section 73F registration certificate that applies to the development approval.

"approval" means ‘notice of development application decision’ or ‘notice of concurrence agency response’

; under the Integrated Planning Act 1997. .

“approved plans" means the plans and documents listed in the approved plans section in the notice attached
to this development approval.

“artificial waterway" means an artificial channel, lake or other body of water. Artificial waterway includes —
"an artificiat channel that is formed because the land has been reclaimed from tidal water and is
intended to allow boating access to allotments on subdivided land;
« — other artificial channels subject to the ebb and flow of the tide; and
"any additions or alterations to an artificial waterway.

“authorised place" means the place authorised under this development approval for the carrying out of the
specified environmentally relevant activities.

"canal" means an artificial waterway surrendered to the State. A canal is an artificial waterway connected, or
intended to be connected, to tidal water; and from which boating access to the tidal water is not hindered by a
lock, weir or similar structure.
“clinical waste" means waste that has the potential to cause disease including, for example, the following:

= animal waste;

« discarded sharps;

« human tissue waste;

« laboratory waste.
"coastal dune” means a ridge or hillock of sand or other material on the coast and built up by the wind.
“commercial place" means a place used as an office or for business or commercial purposes.

“dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other
equipment designed for use in extraction of earthen material.

"dwelling" means any of the following structures or vehicles that is principally used as a residence —
" a house, unit, motel, nursing home or other building or part of a building;
“ acaravan, mobite home or other vehicle or structure on land;
=" awater craft in a marina.

“Environmental Protection Agency” means the department or agency (whatever called) administering the
Coastal Protection and Management Act 19965 or the Environmental Protection Act 1994.

"erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal
Protection and Management Act 1995.

“high water mark" means the ordinary high water mark at spring tides.
“infectious waste" means waste containing viable micro-organisms or their toxins which are known or
suspected to cause disease in animals or humans.

“intrusive noise” means noise that, because of its frequency, duration, level, tonal characteristics,
impulsiveness or vibration —

. is clearly audible to, or can be felt by, an individual; and
* _ annoys the individual.
. in determining whether a noise annoys an individual and is unreasonably intrusive,

regard must be given to Australian Standard 1055.2 - 1997 Acoustics — Description and Measurement
of Environmental Noise Part 2 — Application to Specific Situations.

 

Page 3 of 5 Environmental Protection Agency

Page 6

Concurrence Agency Response

EPA Permit number: !IPCC01226208

 

"Lato, adj, 10 mins” Means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness
of the sound) exceeded for 10% of any 10 minute measurement period, using Fast response.

"La 4, adj, 19 mins” Means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of
the sound) exceeded for 1% of any 10 minute measurement period, using Fast response.

“La, max adj, tT Means the average maximum A-weighted sound pressure level, adjusted for noise character and
measured over any 10 minute period, using Fast response.

“land” in the “land schedule” of this document means land excluding waters and the atmosphere.
"mg/L" means milligrams per litre.

“noxious” means harmful or injurious to health or physical well being.

“NTU” means nephelometric turbidity units.

“nuisance sensitive place" includes —
* adwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises; or .
a motel, hotel or hostel; of
a kindergarten, school, university or other educational institution; or
a medical centre or hospital; or
a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World
Heritage Area; or
* a public thoroughfare, park or gardens; or
« _ aplace used as a workplace, an office or for business or commercial purposes and includes a place
within the curtilage of such a place reasonably used by persons at that place.

“offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive.

“ponded pasture” means a permanent or periodic pondage of water in which the dominant plant species are
pasture species used for grazing or harvesting. ’
“protected area" means —

. a protected area under the Nature Conservation Act 1992; or
. a marine park under the Marine Parks Act 1992; or
s ‘ a World Heritage Area.

“quarry material" means material on State coastal land, other than a mineral within the meaning of any Act
relating to mining. Material includes for example stone, gravel, sand, rock, clay, mud, silt and soil, unless it is
removed from a culvert, stormwater drain or other drainage infrastructure as waste material.
“regulated waste” means non-domestic waste mentioned in Schedule 7 of the Environmental Protection
Regulation 1998 (whether or not it has been treated or immobilised), and includes -

* for an element - any chemical compound containing the element; and

= anything that has contained the waste.

“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.

“tidal water” means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the
tide at spring tides.
“watercourse™ means a river, creek or stream in which water flows permanently or intermittently-
* ina natural channel, whether artificially improved or not; or
= in an artificial channel that has changed the course of the watercourse.

“waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the
sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-
thereof.

“works” or “operation” means the development approved under this development approval.

 

Page 4 of 5 Environmental Protection Agency

Page 7

Concurrence Agency Response
EPA Permit number: _IPCC01226208

“you" means the holder of this development approval or owner / occupier of the land which is the subject of
this development approval.

"650th percentile" means not more than three (3) of the measured values of the quality characteristic are to
exceed the stated release limit for any six (6) consecutive samples for a release/monitoring point at any time
during the environmental activity(ies) works.

"80th percentile" means not more than one (1) of the measured values of the quality characteristic is to
exceed the stated release limit for any five (5) consecutive samples for a sampling point at any time during the
environmental activity(ies) works

ae . END OF CONDITIONS

 

Page 5 of 5 ‘ Environmental Protection Agency