P & E Court Appeal No 344 of 2009 Judgement 5/07/13 - Hofmann · 152006.1999

A permanent fence(s) must be constructed along the entire length of the common
boundary of Lots 3 to 11 inclusive, Lots 13, 14, 16, 51 and 52, with the adjacent
Reserves for Environmental Purposes, Reserve for Drainage and the Reserve for
Park and the common boundary of Hollett Road with the Reserves for Park between
Lots 9 and 10 and east of lot 52 The fences must be constructed in accordance with
an Operational Works Approval and must be to the following specifications:-
(a) 1.2 metres high; except where the acoustic fence is located to the rear of
        Lots 16, 20, 21 and 22 - refer to the acoustic requirements condition(s);
(b) Dog proof except for those Reserves for Environmental Purposes adjacent to
        Lots 51 and 52 where a 4 strand plain (fencing standard) wire fence will
        suffice; and
(c) Provision of three lockable gates located adjacent to Lots 4 and 10 and at the
        junction of Energex easements EMT "B" RP177295 and EMI "C" RP177294,
Weed management
The lands dedicated to the Crown as Reserve(s) for Environmental Purposes,
Drainage, Open Space and for Park plus the balance of the site i.e. Lots 1 to 52
inclusive, must be, at the time of plan sealing, free of those weed species listed as
follows:
(a) Declared plants class 1, 2 and 3 under the Land Protection (Pest and Stock
       Route Management) Act 2002 and subordinate Regulation 2003; and
(b) The Australian Government Alert List for Environmental Weeds.
Revegetation and Vegetation offsets
Provide revegetation/rehabilitation plantings generally within those existing cleared
areas north of Lot 4 and between Lots 9 and 10 to offset clearing associated with the
realignment and widening of Hollett Road to a maximum area of 5000 square metres.
The offset revegetation/rehabilitation areas can be implemented via the use of "live
topsoii" won from road clearing works or via direct revegetation plantings or a
combination of both techniques. These rehabilitation areas are to incorporate ground
habitat comprising of hollow logs, logs and large rocks won from clearing and site
earthworks.
Tree retention
No clearing of native vegetation including Old Growth "Habitat Trees" (i.e. trees with
hollow branches and limbs) is permitted during subdivision construction without the
prior written approval of Council's Environment delegate. For Old Growth "Habitat
Trees" those trees given approval for removal must be confined to trees which pose a
well-founded threat to persons or property or are required to be removed for road and
services construction. A Queensland Parks and Wildlife Service qualified
"Spotter/catcher" must be present when any trees are removed. An equivalent
number of Council approved artificial nesting boxes of similar size to the tree hollows
removed must be provided to Council and placed at the applicant's expense on
retained trees within the Reserve(s) for Environmental Purposes (of this estate).
Fauna protection
A koala exclusion fence must be constructed to Council standards and positioned
along the entire common boundary of Walter Hay Drive with the following: Lots 50, 51
and 52, the Reserves for Environmental Purposes on Eenie Creek and the reserve
for Park (adjacent to Lots 16, 20, 21 and 22). This fence must incorporate koala
exclusion gates at the two emergency accesses onto Walter Hay Drive. The details of
the fence and gates must be submitted as part of an Operational Works application.
Traffic calming devices must be provided on Hollett Road between Lots 9 and 10.
The works must be undertaken in accordance with an Operational Works approval.
A fauna underpass is to be incorporated at or adjacent to the creek crossing on
Hollett Road. The details of the underpass must be submitted as part of an