RA6N-Notice Response with conditions 2303-33578 SRA

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                                                                                                   2303-33578 SRA




                                        Unexploded ordnance
                                        (Planning Regulation 2017)


SARA reference:                         2303-33578 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         7 Woodland Drive, Peregian Beach
Real property description:              Lot 1153 SP300041
Applicant name:                         Capital Prudential
                                        C/- Pivotal Perspective Pty Ltd
Applicant contact details:              4/59 Mary Street
                                        Noosaville, QLD, 4565
                                        [email protected]


Human Rights Act 2019                   Section 58 of the Human Rights Act 2019 specifies required conduct
considerations:                         for public entities when acting or making a decision. Sections 15 – 37
                                        of the Human Rights Act 2019 identifies the human rights a public
                                        entity must consider in making a decision.

                                        This decision does not limit the above identified 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 Sean Elvines, Senior Planning Officer, on 07 5352 9719 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      Capital Prudential, C/- Pivotal Perspective Pty Ltd, [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




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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)


 No                                                                                                 Condition
        Conditions
 .                                                                                                  timing
 Material Change of Use to establish caretaker’s accommodation, offices, and health care services
 Schedule 10, Part 4, Division 3, Table 1, Item 1 – Contaminated land (unexploded ordnance)—The chief
 executive administering the Planning Act 2016 nominates the Director-General of the Department of
 State Development, Infrastructure, Local Government and Planning 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 condition
 1.     Provide written confirmation to the Department of State Development,                        Prior to the
        Infrastructure, Local Government and Planning by an approved contractor on                  commencemen
        the Australian Government, Department of Defence, Unexploded Ordnance                       t of work
        (UXO) Panel that the subject site has been remediated and cleared of
        Unexploded Ordnances.

        The UXO Panel is found online at:
        http://www.defence.gov.au/estatemanagement/support/dehp/WhoToEngage.as
        p.




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                                                                                          2303-33578 SRA




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) 3.0. If a word remains undefined it has
        its ordinary meaning.

2.      Provide the owner, occupier and any person employed to work on the subject site the following
        information:
        (a) Residual UXO may still exist following remediation and all work should proceed with due
              caution.
        (b) The procedure to be followed by any person finding an object suspected of being
              explosive ordnance or component thereof:
                  advise the Police immediately
                  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.
        (c)   Applicants wanting to find out more details of area management advice (AMA), current
              UXO investigations and remedial search contractors may use the following websites:
                  Department of Environment and Science http://www.ehp.qld.gov.au OR
                  Commonwealth Department of Defence http://www.defence.gov.au/uxo/




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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 proposal is for a development permit for material change of use to establish caretaker’s
   accommodation, offices and health care services.
 The subject site is located in an area with substantial unexploded ordinance potential.
 SARA assessed the development against State code 13: Unexploded ordinance of the State
   Development Assessment Provisions (SDAP), version 3.0 and determined that with conditions, the
   development achieves compliance with the performance outcomes of the State code.

Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.0), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




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