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2022-10-27 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 27 October 2022
5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 27 OCTOBER 2022
1. ATTENDANCE & APOLOGIES
Councillor C Stewart, Mayor
Councillor F Wilkie
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson (via Microsoft TEAMS)
Councillor B Stockwell
Councillor T Wegener
EXECUTIVE
S Waters, Chief Executive Officer
K Contini, Director Community Services
D Iezzi, Director Executive Services
L Jensen, Acting Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
APOLOGIES
Nil
The meeting commenced at 5.03pm.
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
The Minutes of the Ordinary Meeting held on 15 September 2022 be received and confirmed.
Carried unanimously.
3. MAYORAL MINUTES
Page 2 of 25
Section 3
ORDINARY MEETING MINUTES 27 OCTOBER 2022
4. PETITIONS
1. PETITION: INCURSION INTO MARCUS BEACH COASTAL RESERVE
Refer to Attachment 1
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That the petition with 284 signatories submitted by community members requesting
Council take action against incursions into the Marcus Beach Coastal Reserve be
received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
5. NOTIFIED MOTIONS
Nil.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
The following material was presented to the meeting in relation to this item:
Chris Hansen – refer to Attachment 2
Barry Cotterell – refer to Attachment 3
1. JUDY TULLOCH, BARRY COTTERELL & CHRIS HANSEN
Topic: Marcus Beach Bushcare & Coastal Reserves
Page 3 of 25
Section 4
ORDINARY MEETING MINUTES 27 OCTOBER 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 OCTOBER 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell
Cr Karen Finzel
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor for Items 1-3)
Cr Frank Wilkie (non-Committee Councillor)
Cr Jurisevic (non-Committee Councillor)
EXECUTIVE
L Sengstock, Acting Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development
APOLOGIES
Cr Tom Wegener (Chair)
S Waters, Chief Executive Officer
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT
DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND
ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY
FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA HEADS
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 PLANNING & ENVIRONMENT COURT APPEAL NO D129 OF 2022 – APPLICATION FOR
SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
1 (ADMINISTRATION) 2015 FOR 2 GANNET ST, PEREGIAN BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment
Court Appeal D129/22 of 2022 and agree to defend the appeal.
3 PLANNING & ENVIRONMENT COURT APPEAL NO D130/22 OF 2022 – APPLICATION
FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW
NO. 1 (ADMINISTRATION) 2015 FOR 1/6 CRANK ST, SUNSHINE BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment
Court Appeal D130/22 of 2022 and agree to defend the appeal.
Page 4 of 25
Section 5
ORDINARY MEETING MINUTES 27 OCTOBER 2022
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT– AUGUST
2022
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in regards to Item 33 on
the Delegated report as the applicant is Mark Bain Constructions and Mark Bain and the Bain family are
family friends. We have attended social events together, and our children have attended school together.
As a result of my conflict of interest, I will leave the meeting room while the matter is considered and
voted on.
Cr Lorentson left the meeting by turning off the microphone and camera.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Finzel
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding planning applications that
have been decided by delegated authority.
Carried unanimously.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Stockwell
That Cr Lorentson is accepted as attending via Microsoft Teams.
Carried unanimously.
Cr Lorentson returned to the meeting (via Teams).
Council Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
That the report of the Planning & Environment Committee dated 11 October 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 5 of 25
Section 6
ORDINARY MEETING MINUTES 27 OCTOBER 2022
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 OCTOBER 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Finzel (non-Committee Councillor)
EXECUTIVE
L Sengstock, Acting CEO & Director Infrastructure Services
D Iezzi, Director Executive Services
K Contini, Director Community Services
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 NOOSA RIVER HOLIDAY PARK MANAGEMENT SERVICES TENDER – T000082
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 11 October 2022, and
A. Award contract T000082 to 1EIGHT Pty Ltd for the Noosa River Holiday Park
Management Services for an initial five (5) year period commencing 22 November 2022;
and
B. Authorise the Chief Executive Officer to exercise future options to extend the contract for
a further 1 x 2 year period subject to satisfactory performance at Council’s sole
discretion.
3 NOOSA SHIRE COUNCIL SOLE AND SPECIALISED SUPPLIER LISTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
husband, Chris Lorentson, is an employee of Page Furnishers Pty Ltd who are proposed to be included
on the Specialised Supplier List. As a result of my conflict of interest I will now leave the meeting room
while the matter is considered and voted on.
Cr Lorentson left the meeting (from Teams by turning off the microphone and cameras.) -
Page 6 of 25
Section 7
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Council Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Procurement & Contracts Advisor to the Services &
Organisation Committee Meeting dated 11 October 2022 and
A. Adopt the amended Sole Supplier list provided at Attachment 1 to the report for the next
twelve (12) months; and
B. Adopt the amended Specialised Supplier list provided at Attachment 2 for the next twelve
(12) months.
Carried unanimously.
Cr Lorentson returned to the meeting (via Teams) .
4 ADVERTISING SPENDING POLICY
That Services & Organisation Committee Agenda Item 4 be referred to the General Committee
for further discussion.
5 2022 ANNUAL DISASTER MANAGEMENT REPORT
That Council note the report by the Disaster Management Officer to the Services &
Organisation Committee Meeting dated 11 October 2022 providing an update on disaster
management activities and thank the members and advisors to the Noosa Local Disaster
Management Group for their participation.
6 THE J – FULL YEAR REPORT TO 30 JUNE 2022
That Council note the report by the Community Facilities Manager to the Services &
Organisation Committee meeting dated 11 October 2022, providing an update on the activities
of The J for the 2021/22 financial year.
7 NOOSA LEISURE CENTRE (NLC) – FULL YEAR REPORT TO 30 JUNE 2022
That Council note the report by the Community Facilities Manager to the Services &
Organisation Committee meeting dated 11 October 2022, providing an update on the activities
of the Noosa Leisure Centre for the 2021/22 financial year.
8 COOROY BUTTER FACTORY MANAGEMENT UPDATE 2022
That Council note the report by the Acting Manager Libraries & Galleries to the Services &
Organisation Committee Meeting dated 11 October 2022 and
A. Authorise the CEO to enter into an agreement with the Cooroy Future Group Inc to
operate the Butter Factory for a further five-year period, commencing 1 January 2023.
This agreement is to be in accordance with Council’s Community Leasing Policy and
subject to continued satisfactory performance by the Group, reviewed on an annual
basis;
B. Provide annual funding of $114,500 (ex GST) to the Cooroy Future Group Inc to support
operations to December 2027 in line with the approach outlined in the Finance section
of this report;
Page 7 of 25
Section 8
ORDINARY MEETING MINUTES 27 OCTOBER 2022
C. Refer future funding arrangements to the 2023/24 budget process; and
D. Extend congratulations to the Cooroy Future Group on their success thus far in operating
the Butter Factory.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That the report of the Services & Organisation Committee dated 11 October 2022 be received and
the recommendation therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 8 of 25
Section 9
ORDINARY MEETING MINUTES 27 OCTOBER 2022
3 GENERAL COMMITTEE MEETING REPORT 24 OCTOBER 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
L Sengstock, Director Infrastructure Services
D Iezzi, Director Executive Services
T. Grauf, Acting Director Corporate Services
K.Rawlings, Director Environment and Sustainable Development
K.Contini, Director Community Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT
DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND
ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY
FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA HEADS
That Council note the report by the Coordinator of Planning to the Planning & Environment
Committee Meeting dated 11 October 2022 regarding Application No. 132008.176.04 for an
extension to the currency period for Material Change of Use - Resort Development comprising
a Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation
Units) and Ancillary Facilities situated at 3 and 7 Serenity Close, Noosa Heads and described
as Lots 10 and 11 on SP195871 and
A. Defer the consideration of the application to such time as the assessment of the Other
Change application (132008.176.05) has been completed by staff and both applications
be reported to Council.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 9 of 25
Section 10
ORDINARY MEETING MINUTES 27 OCTOBER 2022
2 T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
That Council note the report by the Property Advisor to the Services and Organisation
Committee Meeting dated 11 October 2022 regarding the Noosa North Shore ferry service
Tender and:
A. Award the contract T000074 for the provision of the Noosa North Shore ferry service to
Divers Den Investments Pty Ltd commencing from 1 July 2024 for a term of 20 years for
a commencing annual fixed fee of $2,485,368+GST and a revenue share component of
5% above the annual fixed fee (being the tender described as Tender 2 in the report);
noting the successful respondent’s expressed willingness to incorporate emerging
propulsion technologies for the service
B. Authorise the CEO to finalise and execute the agreement with Divers Den Investments
Pty Ltd on Council’s behalf;
C. Authorise the CEO to award 1 x 5 year extension to Divers Den Investments Pty Ltd
subject to satisfactory performance and at Council’s sole discretion; and
D. Request the CEO undertake a review of the ferry crossing fees for future financial years
to ensure appropriate pricing for customer types and the service continues to avoid the
need for ratepayer subsidisation.
E. Authorise the CEO to engage in future negotiations to explore the feasibility of
partnership with the new service provider to bring forward the implementation of
emerging propulsion technologies, where supported by Council Policy or an adopted
strategy.
Carried unanimously.
3 ADVERTISING SPENDING POLICY
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 11 October 2022 and approve the amended Advertising Spending
Policy provided at Attachment 2 to the Report.
4 DBW21/0216 APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
SEAVIEW TERRACE, SUNSHINE BEACH
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the report by the Graduate Development Planner to the General Committee
Meeting dated 24 October 2022 regarding Application No. DBW21/0216 for a Development
Permit for Building Works - Dwelling House situated at 60 Seaview Tce, Sunshine Beach and
note that the applicant has stopped the Decision Period pursuant to the Planning Act 2016 in
order to provide additional information to Council for assessment.
Carried unanimously.
Page 10 of 25
Section 11
ORDINARY MEETING MINUTES 27 OCTOBER 2022
5 MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
TINBEERWAH
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Finzel
That Council note the report by the Graduate Development Planner to the General Committee
Meeting dated 24 October 2022 regarding representations to Development Approval
(MCU22/0067) for a Material Change of Use - Short-term accommodation situated at 401
Sunrise Rd Tinbeerwah and:
A. Defer the consideration of the application to allow for further negotiation between the
applicant and Council officers with a Further Report to be provided to a future council
meeting.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
6 MCU16/0044.02 APPLICATION FOR MINOR CHANGE TO DEVELOPMENT APPROVAL
DIGITAL HUB AT 255 DAVID LOW WAY, PEREGIAN BEACH DECIDED UNDER
DELEGATION
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 24 October 2022 regarding Application No MCU16/0044.02 for a
minor change to the development approval for Commercial Business Type 1 Office,
Entertainment & Dining Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and
Open Space Type 1 Sport & Recreation and Boundary Realignment situated at 253-255 David
Low Way, Peregian Beach.
7 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – FINAL REPORT
Motion
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Director Environment and Sustainable Development to the
General Committee Meeting dated 24 October 2022 and note that the Noosa Oyster
Ecosystem Restoration Project Final Report (provided as Attachment 1 to the report) has met
the final requirements of the Alliance & Funding Agreement, which concluded on 30 September
2022.
Amendment No. 1
Moved: Cr Wilkie
Seconded: Cr Wegener
That Item B be added to read:
That Noosa Council write to TNC thanking them for their professionalism and willingness to
deliver over and above the requirements of the Alliance and Funding Agreement.
For: Crs. Wilkie, Stockwell, Jurisevic and Wegener
Against: Crs. Stewart, Finzel and Lorentson
Carried.
Page 11 of 25
Section 12
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Director Environment and Sustainable Development to the
General Committee Meeting dated 24 October 2022 and note that the Noosa Oyster
Ecosystem Restoration Project Final Report (provided as Attachment 1 to the report)
A. has met the final requirements of the Alliance & Funding Agreement, which concluded
on 30 September 2022; and
B. That Noosa Council write to TNC thanking them for their professionalism and willingness
to deliver over and above the requirements of the Alliance and Funding Agreement.
For: Crs. Wilkie, Stockwell, Jurisevic and Wegener
Against: Crs. Stewart, Finzel and Lorentson
Carried.
8 CONTRACT NO. T000071 MCKINNON DRIVE COMMUNITY SPORTS FACILITY
REPLACEMENT – TENDER AWARD
That Council note the report by the Buildings and Facilities Coordinator to the General
Committee Meeting dated 24 October 2022, and award Contract No. T000071 for design and
construction of McKinnon Drive Community Sports Facility Replacement to Murphy Builders
Qld Pty Ltd for the lump sum price of $1,871,877 (excl. GST).
Page 12 of 25
Section 13
ORDINARY MEETING MINUTES 27 OCTOBER 2022
9 2022 FLOOD EVENT RECOVERY FUNDING UPDATE
That Council note the report by the Director Infrastructure Services to the General Committee
Meeting dated 24 October 2022 including;
A. providing an update on the financial progress of the reconstruction of essential assets
damaged during the 2022 flooding events in Noosa and;
B. Authorise the Chief Executive Officer to proceed with the necessary funding applications
to the Queensland Reconstruction Authority
10 COMMUNITY DISASTER RESPONSE AND RECOVERY GRANT
That Council note the report by the Community Development Manager to the General
Committee Meeting dated 24 October 2022 and approve Pomona and District Community
House funding to the value of $60,000 from the Disaster Response and Recovery grant to
employ a part time social worker until December 2023.
11 ORGANISATIONAL ESTABLISHMENT
That Council note the report by the Director Executive Services to the General Committee
Meeting dated 24 October 2022 and adopt the Noosa Council organisational structure as set
out in Attachment 1 to the report.
12 FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2022
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 24 October 2022 outlining September 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the report of the General Committee dated 24 October 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 13 of 25
Section 14
ORDINARY MEETING MINUTES 27 OCTOBER 2022
9 ORDINARY MEETING REPORTS
Nil
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held on 17 November 2022 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
Meeting closed at 5.55pm
Page 14 of 25
Section 15
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 15 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Petition - Item 4 - Attachment 1
— — September 5, 2022
Mr Waters
CEO
Noosa Shire Council
9 Pelican St.
Tewantin QLD 4565
Dear Mr Walters,
Please find attached a letter from the Marcus Beach Bushcare Association (MBBA) regarding
incursions onto Crown Land in the Marcus Beach Coastal Reserve which is administered by Noosa
Council. it was bought to our attention by several residents of Marcus Beach who were frustrated
by the Council lack of action on the matter. The MBBA gave an undertaking to take this up with
Council, the Mayor and Councillors.
One of the aims of the MBBA is to encourage active participation of the community, natural
resource managers and governing bodies in the protection and conservation of Noosa Coastal
Reserves.
h line with this aim, we decided to engage with our community about this issue by
asking people to support us in our request to the Council that:
1 The Noosa Shire Council takes immediate action in relation to the incursions onto Marcus
Beach Coastal Reserve by property owners at [aS
Ah, as outlined above, at the cost of the property's owners.
2 The Noosa Shire Council takes pro-active, zero tolerance approach to illegal appropriation of
public land, degradation of public land through removal of native vegetation, the
unauthorised planting on public land, and the dumping of rubbish or landfill on public land.
The response was overwhelmingly in support, with only four people declining to sign. Surprisingly,
many people are unaware that these sorts of incursions occur. Some were curious as to why we
needed to request the Council to take such action as surely the Council did this as a matter of
course.
We collected a total of 284 signatures: 265 Noosa Shire Council Region,
19 Other local government regions.
MBBA has always had a good working relationship with the Council. We raise this issue, with support
from our wider Community, because it needs to be bought to light and actioned.
Yours Sincerely,
Judy Tulloch
Marcus Beach Bushcare Association
Cc. Mayor Clare Stewart, Deputy Mayor Frank Wilkie, Councillors Karen Finzel, Joe Jurisevic,..----,..
Amelia Lorentson, Brian Stockwell, Tom Wegener 21 PS
ecelveo \)
6 SEP 2022 J
; “ sui : C7
Page 15 of 25Section 16
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 16 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
a 8x September 5, 2022
Mr Waters eo ee
CEO p WE C tj y ED , \O
Noosa Shire Council I 2 tm, -
9 Pelican & | » SEP 2929 |=
Tewantin QLD 4565 ee eS
Dear Mr Waters, aa are
RE: Illegal incursions into the Marcus Beach Coastal Reserve ee)
lam writing to you in my capacity as President of the Marcus Beach Bushcare Association
concerning the increase in the illegal appropriation of public land by property holders
adjacent to the Marcus Beach Coastal Reserve. The Marcus Beach Bushcare Association has
been approached by several residents about property owners who have recently created
substantial gardens on public land administered by Council.
h the process of creating these gardens outside their boundaries the property owners have
made illegal alterations to the Reserve that include:
* Planting extensive grass lawns which in a bushland reserve is a monoculture [email protected] Changing the topography and natural drainage lines of the dune system using infill
and building rubble.
* Planting invasive garden plants such as Mother-in-Laws Tongues beyond the lawn
areas into the bushland. These plants outcompete native vegetation in the dunes.
* Destroying native trees and shrubs.
These actions weaken the integrity of the fragile dune system which & already under
massive strain from introduced weeds and previous incursions.
The undersigned residents request that:
1 The Noosa Council act immediately to ensure that the legal boundaries of these
properties are enforced.
2 The damage done to the Reserve be rectified as per the points below.
EA The owners of these properties, not Council or ratepayers, pay the costs
associated with the restoration:
* Removal the rubble and infill on public land
* Restoration of the natural topography of the dune system
* Removal of lawns and sprinkler systems that extend beyond legal boundaries
* Removal of non-native plants that extend beyond the legal boundaries
* Planting of native vegetation as specified by the Council that clearly delineates the
Reserve from private landholdings
The MBBA, like Noosa Council, under?tands that preserving and strengthening the integrity
of ecosystems of these Coastal Reserves is ever more critical. This small strip of natural
Page 16 of 25Section 17
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 17 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
>
vegetation is a buffer protecting private property from the impacts of climate change and
extreme weather events with the attendant coastal erosion that is so evident this year.
MBBA is aware of and supportive of the work currently being done to develop a Coastal
Management Plan. However, we believe that the encroachments outlined above require
immediate action. We expect that the Council will send a clear message to builders and new
property owners, that, irrespective of past practices, Noosa Council is now taking a firm
stand on this issue.
We therefore request that:
1. The Noosa Shire Council takes immediate action in relation to the incursions onto
Marcus Beach Coastal Reserve by property owners at Po
Drive Marcus Beach, as outlined above, at the cost of the property's owners.
2. The Noosa Shire Council takes pro-active, zero tolerance approach to illegal
appropriation of public land, degradation of public land through removal of native
vegetation, the unauthorised planting on public land, and the dumping of rubbish or
landfill on public land.
h addition, we request that the Council is pro-active in stopping boundary incursions and
puts on place a clear policy with resources to enforce it and suggest:
1. As part of the planning application process for renovations and new builds that abut
public land, inspections are carried out to ensure that buildings and landscaping are
within the legal boundaries of the allotment.
2. Property owners adjoining Public land and in particular Bushland Reserves are made
fully aware of the boundaries of their properties, their legal requirements not to
extend their gardens beyond their boundaries, and the consequences for doing so.
3. Council officers do twelve monthly checks initially on the boundaries of the
properties adjoining the coastal reserves using both drone imaging (to pick up major
incursions) and visual inspections (for weed and exotic plant invasion).
Marcus Beach Residents have a long history of caring for their environment, including public
protests along the David Low Way to save the Coastal Dry Heathland that is now part for
Noosa National Park.
We look forward to your response on this matter.
Yours Sincerely
Judy Tulloch
President
Marcus Beach Bushcare Association
Cc. Mayor Clare Stewart, Deputy Mayor Frank Wilkie, Councillors Karen Finzel, Joe Jurisevic,
Amelia Lorentson, Brian Stockwell, Tom Wegener
2
Page 17 of 25Section 18
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 18 of 25
french Of
F
Kkaurt fey fe $298 MARCUS BEACH
x Ais abl, —
Op fab aM AL ae) BUSHCARE
Vitae 4 5 =) ASSOCIATION INC
as Lh} cent! pur
RE: llegal incursions into the Marcus Beach Coastal Reserve at i. CUA tye
RE: Illegal Incursions into the Marcus Beach Coastal Reserve at yl :
j Ke gocrate lt 4
We the undersigned residents respectfully request that:
1 The Noosa Regional Council takes immediate action in relation to the incursions onto Marcus Beach Coastal Reserve by property owners at
fF Drive Marcus Beach, as outlined above, at the cost of the property's owners.
2 The Noosa Regional Council takes pro-active, zero tolerance approach to illegal appropriation of public land, degradation of public land through removal
of native vegetation, the unauthorised planting on public land, and the dumping of rubbish or landfill on public land.
| | MBBA |
Name Address Email Signature News
| — ee ae) eee | -
a
| |
— — — Fe _ — —_— — — Jj
Page 18 of 25Section 19
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 19 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
’ Attachment 2 - Item 7 - Deputation
Delegation to Noosa Shire Council — Coastal Reserve Encroachment
27 October 2022
Good evening and thank you for the opportunity to speak tonight.
My name is Chris Hansen, and | am a consultant ecologist specialising in flora
ecology and | am here to provide a brief summation of the importance of dune
ecosystems and the threats to dune vegetation that impact their long-term
stability and viability.
The shoreline, our beaches, change naturally over time. They can be subjected
to gradual recession or accretion, while at times they are markedly impacted by
major storm events such as east coast lows or the remnants of tropical cyclones.
The incipient or beachside dune, where present, and the seaward face of the
foredune are critical components of the dune ecosystem as they provide a
reservoir of sand that helps replenish the beach following erosion events, and
they act as a barrier against tidal surges, waves, and saltwater intrusion.
However, the dune ecosystem also includes the landward side of the foredune,
swales and hind dunes, which work collaboratively to provide an important
morphological and ecological transition from marine to terrestrial
environments.
Dune vegetation, which is widely recognised as an integrated system providing
floristic diversity and habitats for fauna, can be analogised as a resilient shelter.
The flora species within the primary zone colonise lower parts of the beach and
trap abrasive sand particles forming a “foundation”. The foredune represents
an elevated “wall” that can be colonised by secondary zone species to provide a
wind deflecting “awning” near the shoreline. Finally, a “roof” forms from the
growth of tertiary species, further elevating the wind and providing increased
shelter to vegetation (and indeed housing) further inland. Figure 1 provides a
schematic representation of the collaboration of these vegetation elements.
The effectiveness of dune plants in stabilising dunes and resisting erosion is well
understood and generally regarded as their primary value. Dune vegetation,
which also provides landscape aesthetic, and minimises property losses and
damage due to sand drift, is critical in maintaining coastal sediment budgets and
shoreline stability.
HBA 1
Page 19 of 25Section 20
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 20 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Delegation to Noosa Shire Council — Coastal Reserve Encroachment
27 October 2022
——— Role of dune vegetation
Taller shrubs and trees further
elevate the wind and provide
protection for inland plants, Secondary vegetation
Shrubs and small trees heip
to stabilise the foredune and
deflect the wind up and over
the foredune.
Primary vegetation
coonselowerpasot AS Wind is
neuaneirese deflected over
the vegetation,
sand is trapped
on incipient or
front dune.
Figure 1: Role of dune vegetation [adapted from DLWC (2001)]
Threats that dune vegetation cannot tolerate include:
= dumping of organic and inorganic refuse, which smothers existing
vegetation and prevents natural regeneration, as well as potentially
impacting nutrient load
5 1 1 3 1 2 643 1769 297 40 91 mismanagement
5 1 1 3 1 3 965 1772 64 31 96 and
5 1 1 3 1 4 1057 1772 207 41 95 landscaping
5 1 1 3 1 5 1288 1776 169 37 96 activities,
5 1 1 3 1 6 1483 1776 78 32 96 such
5 1 1 3 1 7 1588 1785 37 23 96 as
5 1 1 3 1 8 1652 1779 140 38 96 mowing
5 1 1 3 1 9 1816 1787 36 23 93 as
5 1 1 3 1 10 1877 1779 68 31 93 this
4 1 1 3 2 0 642 1822 1156 47 -1
5 1 1 3 2 1 642 1822 150 40 96 destroys
5 1 1 3 2 2 805 1827 227 38 96 regenerating
5 1 1 3 2 3 1043 1826 108 39 96 plants
5 1 1 3 2 4 1163 1827 63 32 96 and
5 1 1 3 2 5 1239 1829 192 39 96 potentially
5 1 1 3 2 6 1442 1830 137 39 96 spreads
5 1 1 3 2 7 1590 1831 97 32 96 weed
5 1 1 3 2 8 1699 1832 99 32 96 seeds
3 1 1 4 0 0 587 1894 1361 103 -1
4 1 1 4 1 0 587 1894 1361 48 -1
5 1 1 4 1 1 587 1900 15 14 48
topsoiling, as it prevents free drainage, is unsuitable for the growth of
natural dune species and potentially introduces pathogens
= excessive fertilisation as this can be toxic to some dune species,
encourage the establishment of weeds, impact soil biota, and result in
possible eutrophication of swales that support important hydrophilic
species
* introduction of unsuitable plants species, which disrupt and displace
natural vegetation [as an example of the impacts of colonisation of Broad-
leaved Pepper Tree (*Schinus terebinthifolius) into historically disturbed
dunes and swales refer to Attachment A]
* establishment of turf, which does not have the ability to trap wind-blown
sand and cannot withstand burial or excessive salt spray, and when
stressed the turf will die, leaving bare sand, which is prone to wind erosion
and potential blowouts.
HBA 2
Page 20 of 25Section 21
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 21 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Delegation to Noosa Shire Council — Coastal Reserve Encroachment
27 October 2022
Building on the importance of dune vegetation and with deference to regulatory
mapping produced by the Queensland Government, it should be noted that the
bulk of the dune ecosystem in Peregian Beach and Marcus Beach is mapped as
Category B regulated vegetation that is representative of regional ecosystem
(RE) 12.2.14 and protected under Queensland’s Vegetation Management Act
1999. There are also areas of vegetation within the broader distribution of this
RE that are representative of RE 12.2.7, and although too small to map at a
1:100,000 scale, these patches of paperbark forest can be considered a
component of the Coastal Swamp Sclerophyll Forest of New South Wales and
South-east Queensland threatened ecological community, which is listed as
Endangered under the Commonwealth’s Environment Protection and
Biodiversity Conservation Act 1999. Furthermore, the bulk of the dune
ecosystem in these areas is also mapped by the Queensland Government as
essential habitat and a high-risk area on a protected plants trigger map
(Attachment B, noting that the area selected is not presented as a means for
identifying or appropriating clearing activities but do highlight the mapping and
connectivity of the dune ecosystems occurring at the boundaries of Peregian
Beach and Marcus Beach).
This mapping further exemplifies the importance of maintaining the health of
our coastal foredunes and that they are treated as an important and delicate
ecosystem.
References
DLWC (2001). Coastal Dune Management: A Manual of Coastal Dune
Management and Rehabilitation Techniques, Coastal Unit, NSW
Department of Land and Water Conservation Newcastle
HBA 3
Page 21 of 25Section 22
ORDINARY MEETING MINUTES 27 OCTOBER 2022
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ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 24 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Attachment 3 - Item 7 - Deputation
Delay, Deferral, Damage and Disappointment
We are talking about private encroachment on the dunes, on public land for which Council is
trustee.
Council, by inaction, risks breaching its Trustee responsibilities AND Council approval of
excessive site coverage is encouraging encroachment. BBQs, play equipment, chairs and
tables, lawn, private access paths, non-native plants all adversely impact the dunes.
Noosa’s vegetated frontal dunes provide a critical buffer to storm surges and high tide
erosion can be protected by legislated setbacks and healthy mature deep-rooted native
species. The dunes are impacted by people and weeds.
People need to access the dunes to use the beaches but there is a State Planning Policy
(SPP) which needs to be complied with and that Policy regulates encroachments and
infrastructure.
The eastern beaches communities have been trying to get Council to act on private
infrastructure and encroachments on the dunes for years without success.
Volunteers have worked for years to remove escaped and introduced weed pests and to
replant native species with limited Council assistance.
Encroachments, on the other hand, frequently remove natives species and introduce weeds
as well as infrastructure for private use. There are individuals who live abutting this precious
public land who respect and contribute to dune management. They are not the problem.
The problem is caused by land owners acting in their private interest without authority or
understanding of the damage they cause.
Council needs a transparent approval/removal policy process based on community benefit
with locality and building compliant requirements. Reduced site coverage and improved
setbacks from the dunes should also be implemented to reduce encroachment.
Private infrastructure on the dunes with “Private Keep Out” signs have been reported to
Local Laws who have partly acted and then backed off because they say that Council does
not have a policy.
PBCA, in November 2020, wrote a SPP compliant Policy and sent it to Council but we
continue to be told to wait for the Foreshore Management Plan. Well we know that it exists
but is still not public and worse still, not implemented and apparently again deferred.
Meanwhile, detrimental private infrastructure and encroachment continues to occur.
What more can individuals, bush care groups and the community do to achieve to stop
unlawful private infrastructure and encroachments?
1
Page 24 of 25Section 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Page 25 of 25
ORDINARY MEETING MINUTES 27 OCTOBER 2022
Council is good at planning. The community, however, wants Council to actually act to stop
private infrastructure and encroachments on the dunes.
Council inaction over the years has allowed many examples of serious dunal infrastructure
and encroachment, especially at Sunshine Beach, which Council appears afraid to confront.
Neighbours are now apparently pointing to the encroachments to justify further
encroachments.
This is the undesirable result of Council inaction — more not fewer encroachments.
Infrastructure can be appropriate when it provides the community access to the beach and
the view and is located at a public beach access, provided it is appropriately built,
relocatable and sited as far back from the high tide mark as is possible. It can be privately
built and funded but must benefit the community. Its siting should also recognise the need
to avoid dunal erosion and damage to flora. Planting on the dunes should only occur with
Council approval and with appropriate native species.
Other chairs and tables and lighting, etc for private purposes do not comply as
community infrastructure and should be ordered to be removed from public land.
As Council staff are blaming a lack of policy for this debacle, we ask Councillors to make a
Policy, but then to require staff to get out of the office and implement it before it is too late.
The alternative is to again delay and defer resulting in further damage and the community
can continue to be disappointed.
2
Page 25 of 25