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Annex 13 - Schedule 3 - Prescribed Tidal Works
Attached to the e-mail DA Application - Noosa Oyster Project (2 of 3).
Coastal Protection and Management Regulation 2017
Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
Specific outcome A probable solution Comment
Character and amenity (generally)—prescribed tidal work in a canal
1.1 Prescribed tidal works in a canal are The design and construction of the prescribed tidal works is
compatible with their location, having regard to consistent with the following standards— Not applicable.
the following— (a) subject to paragraph (c), prescribed tidal works do not
extend past the side boundary or extended side boundary of the Not in a canal.
(a) the character and amenity of the works’ lot connected to the works;
immediate surroundings and the locality within
which the works are located; (b) subject to paragraph (c)—
(i) for prescribed tidal works for a private purpose—the works
(b) if the relevant planning scheme states the are not roofed; or
desired character or amenity for the works’
immediate surroundings or the locality within (ii) for prescribed tidal works for a non-private purpose—the
which the works are located—the stated works are not roofed unless they are the main access to land;
desired character or amenity.
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or (b);
(d) any other relevant planning scheme standard that is not
inconsistent with the standards mentioned in paragraphs (a) to
(c).
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Coastal Protection and Management Regulation 2017
Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
Character and amenity (generally)—prescribed tidal work not in a canal
2.1 Prescribed tidal works not in a canal are The design and construction of the prescribed tidal works is Complies with Performance Outcome 2.1. Due to the
compatible with their location, having regard toconsistent with the following standards— nature of the project the nominated Acceptable
the following— (a) subject to paragraph (d), prescribed tidal works do not Outcomes are not considered to be suitable but have
(a) the character and amenity of the works’ extend past the side boundary or extended side boundary of the been considered.
immediate surroundings and the locality within lot connected to the works;
which the works are located; The works are to restore rock oyster ecosystems
(b) subject to paragraph (d), prescribed tidal works are the only throughout the Noosa River estuary that meet site
(b) if the relevant planning scheme states the works of their type along the edge of the tidal water fronting the suitability criteria and positively interact with current
desired character or amenity for the works’ lot connected to the works; human uses. As the Noosa River was historically
immediate surroundings or the locality within characterised by significant oyster ecosystems, they
which the works are located—the stated (c) subject to paragraph (d)—
are considered to be consistent with the character and
desired character or amenity. (i) for prescribed tidal works for a private purpose—the works
amenity of the works’ immediate surroundings and the
are not roofed; or
locality in which the works are located. Restoration
(ii) for prescribed tidal works for a non-private purpose—the Zones have been developed based on Habitat
works are not roofed unless they are the main access to land; Suitability parameters and Restoration Suitability
parameters as detailed in the Project Restoration Plan.
(d) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a), (b) or (c)—the (a) The Restoration Zones include large areas of the
relevant planning scheme standard, to the extent it is more Noosa River and as such are adjacent to multiple Lots.
stringent than the standard mentioned in paragraph (a), (b) or
(c); (b) The Works are expected to be implemented
progressively with Phase 1 currently planned and
(e) any other relevant planning scheme standard that is not Phase 2 to occur over time as funds become available.
inconsistent with the standards mentioned in paragraphs (a) to As such, Phase 2 could include extension of Phase 1
(d). reef habitat which could include placement of
additional works of their type adjust to the frontage of
the same lots as Phase 1.
(c) The works are not roofed.
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Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
Character and amenity (height, scale and size)
3.1 Prescribed tidal works are of a height, The height, scale and size of the prescribed tidal works is Complies with Performance Outcome 3.1
scale and size to ensure the works are consistent with each relevant planning scheme standard.
compatible with the character and amenity of (a) The works are of a height, scale and size that
their location, having regard to the following— is consistent with natural oyster reefs which
(a) the height, scale and size of the natural have historically been present within the
features of the works’ immediate surroundings Noosa River. Crest heights are relative to
and the locality within which the works are tidal levels (Mean High Water Springs) for
located; individual sites.
(b) the height, scale and size of the existing (b) The works are of a lower height and level
buildings or other structures in the works’ than other rock structures within the Noosa
immediate surroundings and the locality within River although extend further seaward than
which the works are located; seawall type structures in order to provide
larger area of habitat.
(c) if the relevant planning scheme states the
desired height, scale or size of buildings or
other structures in the works’ immediate
surroundings or the locality within which the
works are located—the stated desired height,
scale or size.
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Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
Character and amenity (materials and colours)
4.1 The materials used for, and the colours The materials used for, and colours of, the prescribed tidal works Complies with Performance Outcome 4.1
of, prescribed tidal works are compatible with are consistent with each relevant planning scheme standard.
the character and amenity of the works’ The works include the placement of locally sourced
location, having regard to the following— rock and oyster shell as detailed in ICM drawing
(a) the natural features of the works’ SROR-2021-02.
immediate surroundings and the locality within
which the works are located; a) The materials are consistent with natural
rocky rubble reefs which are present within
(b) the existing buildings or other structures in some area of the Restoration Zones.
the works’ immediate surroundings and the
locality within which the works are located; b) The materials are consistent with rock
erosion protection structures located
(c) if the relevant planning scheme states the
throughout the Noosa River.
desired materials to be used for, or desired
colours of, buildings or other structures in the
works’ immediate surroundings or the locality
within which the works are located—the stated
desired materials or colours.
Lighting
5.1 Lighting, other than an aid to navigation, The lighting for the prescribed tidal works, other than an aid to Complies with Performance Outcome 5.1
for prescribed tidal works is installed in a way navigation, is consistent with the following standards—
to ensure the security and safe use of the (a) subject to paragraph (c), lighting for prescribed tidal works is The works are oyster habitat and will not be lit.
works without causing significant adverse hooded and directed downwards;
effects on the amenity of the locality within
which the works are located. (b) subject to paragraph (c), each lighting standard, to the
extent relevant;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent the standard is
more stringent than the standard mentioned in paragraph (a) or
(b);
(d) any other relevant planning scheme standard that is not
inconsistent with the standards mentioned in paragraphs (a), (b)
and (c).
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Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
Signage
6.1 A sign erected or otherwise placed in A sign erected or otherwise placed in position for prescribed tidal Complies with Performance Outcome 6.1
position for prescribed tidal works, other than works, other than a sign erected or placed for safety reasons or
a sign erected or placed for safety reasons or under an Act, is consistent with the following standards— Signage and aids to navigation are to be installed as
under an Act— (a) subject to paragraph (c), a sign erected or placed in position required by MSQ permit conditions. Section 7 of the
(a) is compatible with the character and for identifying prescribed tidal works, or the owner of the works, Project Restoration Plan outlines navigation aid type,
amenity of the works’ immediate surroundings is the only sign erected or placed in position for identifying the signage specifications and signage certification. This
and the locality within which the works are works or owner; selection has been informed by pre-lodgement
located; and discussions with MSQ.
(b) subject to paragraph (c), a sign erected or otherwise placed
(b) is not a dominant feature of the works, in position for prescribed tidal works is integrated into the design a) The aids to navigation are to be of a type
unless the dominance is for safety reasons. and construction of the works; consistent with standard MSQ buoys and are
therefore compatible with the character and
(c) if a relevant planning scheme standard is more stringent
amenity of the works’ locality. SCG has
than the standard mentioned in paragraph (a) or (b)—the
certified that the signage is consistent with
relevant planning scheme standard, to the extent it is more
the requirements of the Coastal Protection
stringent than the standard mentioned in paragraph (a) or (b);
and Management Act.
(d) any other relevant planning scheme standard that is not
inconsistent with the standards mentioned in paragraphs (a), (b) b) The dominance of the signage will be based
and (c). on navigational safety requirements.
Earthwork, vegetation & rehabilitation
7.1 Excavation and filling for prescribed tidal The earthwork and filling for the prescribed tidal works is Not applicable.
works— consistent with each relevant planning scheme standard.
(a) is carried out only to the extent reasonably The works do not include removal of any material,
necessary for the works; and excavation or filling.
(b) does not have a significant adverse effect
on—
(i) the natural features, including the banks, of
the tidal water in the works’ immediate
surroundings; or
(ii) the level of the surface of the land under
the tidal water in the works’ immediate
surroundings or any foreshore near the works.
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Schedule 3. Code for Assessable Development that is prescribed tidal works
Part 3 Performance outcomes and acceptable outcomes
7.2 The location and construction of Vegetation on land affected by the prescribed tidal works is dealt Complies with Performance Outcome 7.2
prescribed tidal works ensures vegetation is with in a way consistent with the following standards—
cleared or disturbed only to the extent (a) subject to paragraph (b), the clearing or disturbance of The works only allow minor temporary impacts to
reasonably necessary for the works. vegetation for a purpose associated with the construction of marine plants and terrestrial vegetation at the
prescribed tidal works, including, for example, parking for Tewantin site (Refer ICM Drawing NROR-2021-04).
construction or workers’ vehicles or stockpiling of construction While avoidance of this impact is possible, it is
materials— anticipated the works will provide considerable
(i) is avoided; or enhancement to the existing degraded habitat in this
location. The impact of the works is limited to the
(ii) if the clearing or disturbance of vegetation for a purpose footprint of the individual reef patches, such that the
associated with the construction of the works can not be works will retain any marine plants present in access
avoided—the clearing or disturbance is limited to the smallest gaps between reef patches.
area of land reasonably necessary for the purpose;
(b) any other relevant planning scheme standard that is not
inconsistent with the standard mentioned in paragraph (a).
7.3 After the construction of prescribed tidal Land or vegetation affected by the prescribed tidal works is dealt Complies with Performance Outcome 7.3
works, any land damaged or destabilised by, with in a way consistent with the following standards—
and any vegetation damaged, destroyed or (a) subject to paragraph (b)— The works only allow minor temporary impacts to the
removed by, the construction of the works is (i) land surfaces damaged or destabilised by the prescribed tidal significantly degraded habitat at the Tewantin site
rehabilitated. works are restored and stabilised; and (Refer ICM Drawing NROR-2021-04). The site will be
extensively habilitated with rocky substrate and oyster
(ii) vegetation damaged, destroyed or removed by prescribed cultch as part of the proposed works. For detail, refer
tidal works is replaced with native vegetation for the locality ICM drawings and Project Restoration Plan.
within which the works are located, to the extent it is reasonably
practicable to replace the vegetation with native vegetation;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a);
(c) any other relevant planning scheme standard that is not
inconsistent with the standards mentioned in paragraphs (a) and
(b).
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Part 3 Performance outcomes and acceptable outcomes
Public access - availability
8.1 Prescribed tidal works do not have a The design and construction of the prescribed tidal works is Complies with Performance Outcome 8.1
significant adverse effect on the availability of consistent with the following standards—
public access to, along or across State coastal (a) subject to paragraph (b), prescribed tidal works do not The design provides for a minimum distance of 10m
land. involve the erection or placement of any physical barrier from foreshore access to maintain public use of and
preventing existing public access to, along or across State access to and along state coastal land. Refer ICM
coastal land near the works; drawing NROR-2021-00.
(b) if a relevant planning scheme standard is more stringent At the Tewantin site (ICM drawing NROR-2021-04)
than the standard mentioned in paragraph (a)—the relevant upstream of the boat ramp, there is an opening in the
planning scheme standard, to the extent it is more stringent than vegetation that could provide public access to the
the standard mentioned in paragraph (a); structure if desirable. In this location a wider 4m
access gap has been provided between shoreward
(c) any other relevant planning scheme standard that is not
reef patches to facilitate safe access by a larger
inconsistent with the standards mentioned in paragraphs (a) and
number of persons if this was desirable (e.g. for
(b).
education purposes).
Public access - safety
9.1 The location and design of prescribed Public access to State coastal land near the prescribed tidal Complies with Performance Outcome 9.1
tidal works does not adversely affect the works is consistent with each relevant planning scheme
safety of members of the public accessing standard. Members of the public could approach by vessel or
State coastal land. from land (for some sites). There are gaps between
the reef patches at the seabed and this would allow
persons to transit between the reef patches.
The design includes
- Crest level at Mean High Water Springs will result
in the works being exposed at most tides,
although some settlement is expected initially
which may result in lowering of crest levels.
- Provision of a navigation buoy and signage at
each site to reduce the risk of vessel collision with
the works, impacts from anchoring and warn
against consuming oysters from the works.
- Gaps between reef patches to be 1-4m wide to
allow for careful transit of monitoring personnel
and public. This gap widens at water level due to
batter slopes. A wider gap (minimum 4m) is
provided where land-based access is viable and
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Part 3 Performance outcomes and acceptable outcomes
educational visits could be considered (including
at Tewantin see NROR-2021-04).
- Monitoring and Maintenance.
A Safety in Design assessment has been undertaken.
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Part 3 Performance outcomes and acceptable outcomes
Navigable access to, or egress from, non-tidal work lots
10.1 Prescribed tidal works that are for a The design and construction of the prescribed tidal works is Not applicable.
private purpose do not adversely affect consistent with the following standards—
navigable access to, or navigable egress from, (a) subject to paragraph (b), prescribed tidal works— The works are not for a private purpose.
any lot that adjoins, or is in the immediate (i) for a lot connected to the works for which there is a water
surroundings of, a lot connected to prescribed allocation area —are not constructed outside the water
tidal works. allocation area; and
(ii) for a lot connected to works for which there is no water
allocation area —are no closer than 1.5m to that lot’s side
boundary or extended side boundary;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
Infrastructure, including access, parking, sewerage and water services
11.1 Prescribed tidal works have appropriate The infrastructure for prescribed tidal works is consistent with Complies with Performance Outcome 11.1
infrastructure, including, in particular, road each relevant planning scheme standard.
access, parking facilities, sewerage services The nature of the works (i.e. restoration of oyster
and water services, having regard to the ecosystems) is such that infrastructure, parking,
following— sewerage and water services are not required.
(a) the nature and scale of the works;
(b) the number of people that may be on or at
the works at any given time;
(c) the number of vehicles that may be on or
moored at the works at any given time;
(d) the protection of any foreshores near the
works and the vegetation and marine plants
on the foreshores.
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Part 3 Performance outcomes and acceptable outcomes
Design, construction and safety - all prescribed tidal work
12.1 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Alternative Solution for Performance Outcome 12.1.
constructed in a way to ensure they are consistent with the following standards—
structurally sound, having regard to the (a) subject to paragraph (c), each Australian Standard relevant The rock substrate has been designed by ICM to be
following— to the design or construction of structures, to the extent structurally sound, having regard to the following:
(a) relevant engineering standards; requirements stated in the Standard apply to the design or (a) Relevant Australian Standards and
construction of prescribed tidal works; internationally recognised best practice
(b) the location of the works; guidelines. The structure has been certified
(b) subject to paragraph (c), the projected sea level rise is by an RPEQ engineer.
(c) the purpose for which the works are to be factored into the design and construction of the prescribed tidal (b) Site-specific design details have been
used; works; provided for Phase 1. The detailed design of
(d) the impact of flooding, storm tide, Phase 2 is required to be undertaken by a
(c) if a relevant planning scheme standard is more stringent
overtopping by waves, projected sea level coastal engineer, including consideration of
than the standard mentioned in paragraph (a) or (b)—the
rise, tidal influences and hydrodynamic forces; site-specific parameters and selection of a
relevant planning scheme standard, to the extent it is more
stabile rock grading. Refer ICM drawing
stringent than the standard mentioned in paragraph (a) or (b).
(e) the design life of the works; NROR-2012-02 (particularly notes 1 & 2).
(c) The works are to provide a suitable substrate
(f) the dead load of the works and the for habitat enhancement and restore rock
intended live load for the works; oyster ecosystems throughout the Noosa
River.
(g) the impact of hydrostatic pressures on the (d) The design considers forces resulting from
works; tidal and flood flows as well as wave action
(h) the stability of individual components of and vessel wake. Due to the nature of the
the works, including, for example, boulders, works, crest levels have been selected to
concrete blocks or sandbags. optimise habitat suitability for the target
species. High tides, storm tides and flooding
would be expected to result in overtopping of
the structure. The need for future adaptation
in response to climate change will be
dependent on monitoring of ecosystem health
over time.
(e) The design life of the works is 50 years,
although maintenance, modification or
adaptation may be required during this time in
response to monitoring of habitat
development.
(f) Stability of rock structures has been
determined in accordance with best practice
guidelines. It is not intended for the works to
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Part 3 Performance outcomes and acceptable outcomes
be trafficable by pedestrians as this would
negatively impact on the habtitat.
(g) The design considers that the works will be
underwater at times and subject to
hydrostatic pressures, but given the nature of
the works this is not critical to the design.
(h) The stability of individual rocks has been
determined based on internationally
recognised world’s best practice guidelines.
Rock structure are inherently flexible and able
to accommodate some movement or
displacement of individual boulders, which
may occur during a design event. This is to
be addressed through maintenance if
required.
The oyster shell is not inherently stable in the design
site conditions, but shell stability has been optimised
by the use of whole shell, the mixing of shell with the
rocky substrate to secure it within the rocky matrix, the
placement of loose oyster cultch as a single layer by
hands into interstitial voids and the capping of the
volume of loose shell placed to 10kg/m3. Refer ICM
drawing NROR-2021-02 Notes 3 & 5 for placement
requirements. Where monitoring identifies displaced
shell that is more than 5m outside the Restoration Site,
it is to be removed in the event that it is resulting in
negative impacts. Refer ICM drawing NROR2021-00
Note 4.2 and Project Restoration Plan.
12.2 Prescribed tidal works do not adversely The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.2.
affect the structural integrity of any existing consistent with the following standards—
revetment or seawall or another existing (a) subject to paragraph (b), prescribed tidal works, including The works allow for a minimum distance of at least
structure. any abutment, piling or other structure connected with the 30m from existing tidal works. As such, it is not
works— anticipated that the works will impact on any existing
(i) do not place an additional load on any existing revetment or structure.
seawall or another existing structure; or
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Part 3 Performance outcomes and acceptable outcomes
(ii) can be structurally supported by an existing revetment or
seawall or another existing structure;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
12.3 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.3.
constructed in a way to ensure they do not consistent with the following standards—
adversely affect the stability of the bed and (a) subject to paragraph (b), prescribed tidal works do not The purpose of the works is not to provide erosion
banks of tidal water. cause, by changing the flow of water, the removal of, or protection, but to restore rock oyster ecosystems
disturbance to, the sediment on the bed and banks of tidal water; throughout the Noosa River.
(b) if a relevant planning scheme standard is more stringent However, Concept Layouts 2 & 3 (segmented
than the standard mentioned in paragraph (a)—the relevant longshore modules most suitable for locations which
planning scheme standard, to the extent it is more stringent than are vulnerable to erosion and adopted for Phase 1) are
the standard mentioned in paragraph (a). anticipated to act as a segmented reef patches and
provide some sheltering to the shoreline from wave
action and vessel wake and result in reduced erosion.
The layout is aligned with the river flows and provide
gaps between reef patches to limit potential for
impacts on natural processes.
The proposed works are not expected to adversely
affect the stability of the bed or banks of tidal waters.
Some settlement or localised scour on the seaward
side may occur and the works are expected to be
reprofiled or topped up in response.
12.4 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.3.
constructed using materials suitable for consistent with the following standards—
marine environments, having regard to their (a) subject to paragraph (b), each Australian Standard relevant The rock utilised is to be suitable for use in the marine
ability to resist the following— to the materials that should be used, or the measures that environment. It is not vulnerable to attack by marine
(a) attack by marine organisms; should be taken to treat materials used, for structures, to the organisms, corrosion, deterioration, abrasion,
extent the requirements stated in the Standard apply to immersion in seawater or wave action within the life of
(b) corrosion; structures located in a marine environment; the works. For specifications, refer ICM drawing
NROR-2021-02 Note 2.1.
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
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(c) deterioration or breakage resulting from planning scheme standard, to the extent it is more stringent than The cured oyster shell was originally sourced from
exposure to environmental conditions the standard mentioned in paragraph (a). within the marine environment and is suitable for use
including, for example, the following— in the Noosa River subject to curing in accordance
(i) abrasion; with relevant legislation. For specifications, refer ICM
drawing NROR-2021-02 and Project Restoration Plan.
(ii) immersion in seawater;
(iii) wave action.
12.5 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.5.
constructed in a way to ensure they do not consistent with the following standards—
adversely affect the operation or maintenance (a) subject to paragraph (c), vessels moored at prescribed tidal The works are seaward of MHWS and will not
of any existing stormwater outlet. works do not impede the discharge of stormwater; adversely affect the operation or maintenance of any
existing stormwater outlet.
(b) subject to paragraph (c), prescribed tidal works do not
restrict access to any stormwater outlet;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or (b).
12.6 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.6 (subject to
constructed in a way to ensure they do not consistent with the following standards— monitoring)
adversely affect the water quality of tidal (a) subject to paragraph (b), each Australian Standard relevant
water, including, in particular, as a result of— to the design or construction of structures under, within or over As oysters are filter feeders, the works would be
(a) release, into the tidal water, of materials tidal water, to the extent the requirements stated in the Standard expected to result in improved water quality outcomes
used in the construction of the works; or are directed at maintaining the water quality of tidal water; for the Noosa River.
(b) disturbance to the sediment on the bed (b) if a relevant planning scheme standard is more stringent During construction, rock placement activities may
and banks of the tidal water; or than the standard mentioned in paragraph (a)—the relevant result in some suspension of sediment. Construction
planning scheme standard, to the extent it is more stringent than materials are to be clean and free of topsoil or organic
(c) exposure to acid sulphate soils. the standard mentioned in paragraph (a). material. Construction is to be managed to minimise
potential for impacts and monitoring of sensitive
receptors is to be undertaken. Detailed requirements
are outlined in ICM drawing NROR-2021-02 and
section 6.4 of the Project Restoration Plan.
a) Construction waste or excess materials are
not to be released into tidal waters.
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b) Works do not include disturbance of sediment
on the seabed or banks. Incidental
disturbance as a result of rock placement is
to be minimised and monitored as described
above.
c) Works do not include disturbance or
exposure of sediment (Acid Sulphate Soils or
otherwise).
12.7 Prescribed tidal works are designed and The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.7.
constructed in a way to ensure they are safe consistent with the following standards—
for persons using the works. (a) subject to paragraph (d), each Australian Standard relevant The works have been designed to be stable and well
to the design or construction of structures, the materials that interlocked with gaps between reef patches that are 1-
should be used, or the measures that should be taken to treat 4m wide at the seabed. The works are considered to
materials used, for structures, to the extent the requirements be generally safe for an aware person monitoring the
stated in the Standard are directed at ensuring any surface of works and/or carefully traversing between individual
prescribed tidal works on which a person may stand or walk is— modules. The modules themselves are not intended
(i) not slippery; and to be traversed and are designed to have uneven
surfaces with voids and loose oyster shell to provide a
(ii) does not have any feature that may cause the person to trip suitably complex habitat that has the potential to
or fall; provide a trip hazard. Over time, these surfaces are
intended to be inhabited by oysters and other species
(b) subject to paragraph (d), any part of prescribed tidal works
which could result in the rocks becoming both slippery
that is unsafe for persons using the works is surrounded by
and sharp. These risks are inherent with the natural
adequate barriers to deter persons from entering the part;
type of habitat being restored and while they have
(c) subject to paragraph (d), each Australian Standard relevant been minimised where possible they cannot be
to the design or construction of structures, to the extent the eliminated. Monitoring and maintenance is required
requirements stated in the Standard are directed at ensuring (particularly in the years after deployment). Refer to
prescribed tidal works provide safety ladders or other design the Safety in Design assessment for additional detail.
features for the safety of a person who falls off the works into
water;
(d) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a), (b) or (c)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a), (b) or
(c).
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12.8 Appropriate measures are taken for The design and construction of the prescribed tidal works is Complies with Performance Outcome 12.8.
prescribed tidal works for a non-private consistent with the following standards—
purpose to ensure an unsupportable live load (a) subject to paragraph (b), prescribed tidal works have erected The works are to be marked by a buoy with signage
is not applied to the works by persons or or placed in position on or near the works, a sign that— indicating that the works are a restoration area.
vehicles. (i) is visible at all times; and Details are available in section 7 of the Project
Restoration Plan.
(ii) states the maximum live load that may be applied to the
works, in terms of the maximum number of persons that may be
on the works at any given time or the maximum number of
vehicles of a particular type that may be on or moored at the
works at any given time;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
12.9 Prescribed tidal works, other than a The design and construction of the prescribed tidal works is Not applicable.
prescribed deck for a private purpose, are consistent with each relevant planning scheme standard.
designed and constructed in a way to ensure Not in a canal.
the use of tidal water in a canal for a non-
maritime purpose is minimised.
(s 5(2) outcome) Not applicable.
12.10 Prescribed tidal works that are a The design and construction of the prescribed deck is consistent
prescribed deck and for a private purpose, are with the following standards— Not a deck for a private purpose.
designed and constructed in a way to ensure (a) subject to paragraph (c), a prescribed deck does not
the use of tidal water in a canal for a non- extend more than 3m from the waterfront boundary of the lot
maritime purpose is minimised. connected to the deck;
(b) subject to paragraph (c), a prescribed deck is at least
3m inside of the side boundary or extended side boundary
of the lot connected to the deck;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or
(b).
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Design, construction and safety - boat ramps and slip ways for private purpose
(s 5(2) outcome)
13.1 Prescribed tidal works that are a boat The design and construction of the boat ramp or slipway is Not applicable.
ramp or slipway for a private purpose are consistent with the following standards—
designed and constructed in a way to ensure (a) subject to paragraph (c), the walls at the edge of the Not a boat ramp or slipway.
they are structurally sound while also ensuring boat ramp or slipway penetrate into the earth at least
the safe movement of vehicles or persons 600mm below the surface of the land on which the boat
between the boat ramp or slipway and the ramp or slipway is located;
surface of the land on which the boat ramp or
slipway is located. (b) subject to paragraph (c), the surface of the boat ramp or
slipway is no more than 200mm above the surface of the
land on which it is located;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or
(b).
13.2 Prescribed tidal works that are a boat (s 5(2) outcome)
ramp or slipway for a private purpose are The design and construction of the boat ramp or slipway is Not applicable.
designed and constructed in a way to ensure consistent with the following standards—
the safe movement of vehicles or persons over (a) subject to paragraph (d), the upper surface of a boat Not a boat ramp or slipway. Not a private purpose.
the boat ramp or slipway. ramp or slipway has a width of—
(i) for a boat ramp or slipway with vehicle access—no
less than 3.6m; or
(ii) for a boat ramp or slipway without vehicle access—
no less than 3.0m;
(b) subject to paragraph (d), the whole upper surface of a
boat ramp or slipway is treated to prevent it from becoming
slippery by using any of the following methods—
(i) forming grooves over the surface, as close as
possible to 40mm wide, 20mm deep and 150mm apart,
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and at an angle as close as possible to 70° to the
centre-line of the boat ramp or slipway;
(ii) covering the surface with a substance ordinarily
used on slippery surfaces to prevent skidding;
(iii) making, through a physical act, the surface coarse
before it sets, including, for example, by raking the
surface;
(c) subject to paragraph (d), the upper surface of a boat
ramp or slipway for which a winch is not used to hoist or
haul vessels onto the boat ramp or slipway is at a
gradient of not steeper than—
(i) if the surface is treated by using a method
mentioned in paragraph (b)(i) or (ii)—1:7; or
(ii) otherwise—1:10;
(d) if a relevant planning scheme standard is more
stringent than the standard mentioned in paragraph (a),
(b) or (c)—the relevant planning scheme standard, to
the extent it is more stringent than the standard
mentioned in paragraph (a), (b) or (c).
Design, construction and safety - bridges
The design and construction of the bridge is consistent with the Not applicable
14.1 Prescribed tidal works that are a bridge following standards—
do not adversely affect existing public use of (a) subject to paragraph (b), the clearance levels under a Not a bridge
tidal water, including, for example, use of the bridge are high enough to allow continued public use of tidal
tidal water for canoeing, swimming or other water over which it is constructed;
recreational activities.
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
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14.2 Prescribed tidal works that are a bridge The design and construction of the bridge is consistent with the
do not adversely affect the flow of tidal water following standards— Not applicable
under the bridge. (a) subject to paragraph (b)—
Not a bridge.
(i) if a bridge can be adequately supported without
erecting or placing a foundation support in tidal water—
no foundation support to support the bridge is erected or
placed in the tidal water; or
(ii) otherwise—only the minimum number of foundation
supports required to support the bridge is used;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
Design, construction and safety - prescribed decks
(s 5(2) outcome)
15.1 Prescribed tidal works that are a The design and construction of the prescribed deck is consistent Not applicable
prescribed deck and for a private purpose are with the following standards—
designed and constructed in a way to ensure (a) subject to paragraph (b), each of the following Australian Not a deck
the deck is able to support its intended loads, Standards to the extent requirements stated in the Standard
having regard to its relevant loading matters. apply to relevant loading matters for the design or construction
of the prescribed deck—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 4997;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
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15.2 Prescribed tidal works that are a The design or construction of the prescribed deck is consistent Not applicable.
prescribed deck and for a non-private purpose with the following standards—
are designed and constructed in a way to (a) subject to paragraph (b), each of the following Australian Not a deck.
ensure the deck is able to support its intended Standards to the extent requirements stated in the Standard
loads, having regard to its relevant loading apply to relevant loading matters for the design or construction
matters. of a prescribed deck—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
The design and construction of the prescribed deck is consistent
15.3 Prescribed tidal works that are a with the following standards— Not applicable.
prescribed deck do not prevent or hinder (a) subject to paragraph (b), a prescribed deck either—
remedial work being undertaken on any bank Not a deck.
of tidal water or for any existing revetment or (i) can be easily dismantled and reassembled; or
seawall or another existing structure.
(ii) does not restrict the movement of machinery
ordinarily used for remedial work to any bank of tidal
water or any existing revetment or seawall or other
existing structure;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
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Design, construction and safety - jetties and piers
(s 5(2) outcome)
16.1 Prescribed tidal works that are a jetty or The design and construction of the jetty or pier is consistent with Not applicable.
pier are designed and constructed in a way to the following standards—
ensure the jetty or pier is able to support its (a) subject to paragraph (b), each of the following Australian Not a jetty or pier.
intended loads, having regard to its relevant Standards to the extent requirements stated in the Standard
loading matters. apply to relevant loading matters for the design or construction
of the jetty or pier—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent than
the standard mentioned in paragraph (a).
The design and construction of the jetty or pier is consistent with
16.2 Prescribed tidal works that are a jetty or the following standards— Not applicable.
a pier are designed and constructed in a way (a) subject to paragraph (b), either—
to ensure the jetty or pier remains above the Not a jetty or pier.
water at highest astronomical tide. (i) the level of the deck of the jetty or pier is at least
300mm above the water at highest astronomical tide; or
(ii) piles or other markers indicate the presence of the
jetty or pier when the jetty or pier is less than 300mm
above the water at highest astronomical tide;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
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16.3 Prescribed tidal works that are a jetty or (s 5(2) outcome)
pier and for a private purpose and are on State The design and construction of the jetty or pier is consistent with Not applicable.
tidal land are designed and constructed in a the following standards—
way to ensure the jetty or pier is of a size (a) subject to paragraph (b)— Not a jetty or pier.
suitable for the use of a vessel while still
(i) all parts of the deck of the jetty or pier have a width
minimising the amount of tidal water occupied
of at least 900mm and not more than 3m; and
by the jetty or pier.
(ii) all parts of the jetty or pier are within a water
allocation area for the lot connected to the jetty or pier;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
Design, construction and safety - Pipelines and other underground services
(s 5(2) outcome)
17.1 The design and construction of The design and construction of the pipeline or underground Not applicable.
prescribed tidal works that are a pipeline or service is consistent with the following standards—
another underground service ensures vessels (a) subject to paragraph (b)— Not underground services.
anchoring near the works can not interfere
with, or damage, the works. (i) for a pipeline that is gas or liquid petroleum
pipeline—AS/NZS 2885 to the extent requirements
stated in the Standard apply to the design or
construction of the pipeline; or
(ii) for another pipeline or other underground service—
the pipeline or service is installed at least 1.2m below
the surface of land, after it is installed;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
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Design, construction and safety - pontoons
(s 5(2) outcome)
18.1 Prescribed tidal works that are a pontoon The design and construction of the pontoon is consistent with Not applicable.
and not used only for rowing, are designed the following standards—
and constructed in a way to ensure the (a) subject to paragraph (b), each of the following Australian Not a pontoon.
pontoon is able to support its intended loads, Standards to the extent requirements stated in the Standard
having regard to its relevant loading matters. apply to relevant loading matters for the design or
construction of the pontoon—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 3962;
(vi) AS 4997;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
18.2 Prescribed tidal works that are a pontoon (s 5(2) outcome)
and used only for rowing are designed and The design and construction of the pontoon is consistent with Not applicable.
constructed in a way to ensure— the following standards—
(a) subject to paragraph (b)— Not a pontoon.
(a) the pontoon is able to support its
intended loads, having regard to its (i) for a pontoon constructed within a marina—AS 3962
relevant loading matters; and to the extent requirements stated in the Standard apply
to relevant loading matters for the design or
(b) the pontoon is safe for persons using construction of the pontoon; or
the pontoon to launch and retrieve rowing
vessels. (ii) for a pontoon not constructed within a marina—
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(A) the access walkway of a pontoon used only for
rowing is able to support at least a live load of
3.0kPa; and
(B) the flotation unit of a pontoon used only for
rowing is able to support at least a live load of
1.5kPa; and
(C) at least 75mm of the height of the pontoon’s
flotation unit will remain above the surface of the
water over which it is constructed if a distributed live
load is applied to half of the surface of the
pontoon’s flotation unit and all of the surface of the
pontoon’s access walkway;
(b) if a relevant planning scheme standard is more
stringent than the standard mentioned in paragraph
(a)—the relevant planning scheme standard, to the
extent it is more stringent than the standard
mentioned in paragraph (a).
(s 5(2) outcome)
18.3 Prescribed tidal works that are a pontoon The design and construction of the pontoon is consistent with Not applicable.
are designed and constructed in a way to the following standards—
ensure any load applied to the pontoon by a (a) subject to paragraph (b)— Not a pontoon.
person or thing on the pontoon does not cause
the pontoon to tip over or tilt to a degree (i) for a pontoon constructed within a marina—AS 3962
causing the person or thing to fall off the to the extent requirements stated in the Standard apply
pontoon. to relevant loading matters for the design or
construction of the pontoon; or
(ii) for a pontoon not constructed within a marina—
(A) the pontoon’s access walkway extends at
least 500mm onto the pontoon’s flotation unit; and
(B) for a pontoon used only for rowing—at least
75mm of the height of the pontoon’s flotation unit
remains above the water over which it is
constructed if a distributed live load is applied to
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half of the surface of the pontoon’s flotation unit and
all of the surface of the pontoon’s access walkways;
and
(C) for a pontoon other than a pontoon mentioned
in sub-subparagraph (B)—the top surface of the
pontoon’s flotation unit remains above the water
over which it is constructed if a distributed live load
of 1.5kPa is applied to half of the surface of the
pontoon’s flotation unit and all of the surface of the
pontoon’s access walkways; and
(D) the whole base of the pontoon’s flotation unit
remains in contact with the water over which it is
constructed at all times and tilts no more than 15º at
any time;
(b) if a relevant planning scheme standard is more
stringent than the standard mentioned in paragraph
(a)—the relevant planning scheme standard, to the
extent it is more stringent than the standard
mentioned in paragraph (a).
18.4 Prescribed tidal works that are a The design and construction of the pontoon is consistent with
pontoon are designed and constructed in a the following standards— Not applicable.
way to ensure the pontoon’s flotation unit (a) subject to paragraph (c), the pontoon’s flotation unit is—
will— Not a pontoon.
(i) attached, through the pontoon’s system for mooring
(a) rise and fall to allow for a change in tidal the unit, to concrete anchors in the bank landward of the
water levels, including a change caused by a pontoon; or
flood or storm tide; and
(ii) moored by piles;
(b) not be separated from the lot to which the
(b) subject to paragraph (c), if a tidal water level change
pontoon is connected because of—
resulting from a flood or storm tide with an AEP of 1% would
(i) a change in tidal water levels mentioned in cause a pontoon’s flotation unit to detach from the system
paragraph (a); or for mooring the unit—
(i) the standard applying under paragraph (a); and
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(ii) the flow of tidal water around the pontoon, (ii) the pontoon’s flotation unit is restrained with a
including tidal water affected by a flood or tethering system so that it can withstand the effects of
storm tide. the event;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or
(b).
18.5 Prescribed tidal works that are a pontoon The design and construction of the pontoon is consistent with
identifies the lot to which the pontoon is the following standards— Not applicable.
connected. (a) a label that identifies the lot to which the pontoon is
connected is written or stamped on, or fixed to, the outside Not a pontoon.
of the pontoon’s flotation unit;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
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18.6 Prescribed tidal works that are a pontoon (s 5(2) outcome)
permanently used for the fuelling of, or the The design and construction of the pontoon is consistent with Not applicable.
storage of fuel for, vessels are designed and the following standards—
constructed in a way to ensure— (a) subject to paragraph (c), each of the following Australian Not a pontoon.
Standards to the extent requirements stated in the Standard
(a) the pontoon is able to support its apply to relevant loading matters for the design or
intended loads, having regard to its construction of the pontoon—
relevant loading matters; and
(i) AS/NZS 1170.0;
(b) the pontoon is safe for persons using
the pontoon. (ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) subject to paragraph (c), AS 3962 to the extent
requirements stated in the Standard apply to a pontoon
permanently used for the fuelling of, or the storage of fuel;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or
(b).
Design, construction and safety – revetments and seawalls
(s 5(2) outcome)
19.1 Prescribed tidal works that are a The design and construction of the revetment or seawall is Not applicable.
revetment or seawall, are designed and consistent with the following standards—
constructed in a way to ensure the revetment (a) subject to paragraph (c), each of the following Australian Not a revetment or seawall.
or seawall is able to support its intended loads, Standards to the extent requirements stated in the Standard
having regard to its relevant loading matters apply to relevant loading matters for the design or Despite this, it is noted that the rock size for the reef
and its intended design life. construction of the revetment or seawall— substrate has been selected to be stable for the
intended loads including wave and current conditions
anticipated at the site for a 50 year ARI event.
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(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(b) subject to paragraph (c), AS 4678 to the extent
requirements stated in the Standard apply to earth-retaining
structures;
(c) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a) or (b)—the
relevant planning scheme standard, to the extent it is more
stringent than the standard mentioned in paragraph (a) or
(b).
19.2 Prescribed tidal works that are a (s 5(2) outcome)
revetment or seawall, are designed and The design and construction of the revetment or seawall is Not applicable.
constructed in a way to ensure the revetment consistent with the following standards—
or seawall can withstand— (a) subject to paragraph (d), a revetment or seawall is able Not a revetment or seawall.
to withstand the effect of waves, or a combination of waves
(a) any tendency of overturning or sliding; and water levels, resulting from a storm event with an AEP Despite this, it is noted that
and of 2%, factoring in projected sea level rise; a) as a flexible rock structure, failure modes do
not include overturning or turning
(b) any other effects of waves or changes (b) subject to paragraph (d), each of the following Australian b) the structure has been designed in a way that
in water levels on the revetment or Standards to the extent requirements stated in the Standard it can withstand the effects of waves and
seawall. water levels.
apply to relevant loading matters for the design or
construction of the revetment or seawall—
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
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(iii) AS/NZS 1170.2;
(iv) AS 1170.4;
(v) AS 4997;
(c) subject to paragraph (d), AS 4678 to the extent
requirements stated in the Standard apply to earth-
retaining structures;
(d) if a relevant planning scheme standard is more
stringent than the standard mentioned in paragraph (a),
(b) or (c)—the relevant planning scheme standard, to
the extent it is more stringent than the standard
mentioned in paragraph (a), (b) or (c).
(s 5(2) outcome)
19.3 Prescribed tidal works that are a The design and construction of the revetment or seawall is Not applicable.
revetment or seawall are designed and consistent with the following standards—
constructed to protect the revetment or seawall (a) subject to paragraph (d), a revetment or seawall Not a revetment or seawall.
from erosion at the base of the revetment or provides for a sub-layer or enough filter material to prevent
seawall. erosion of the land under the revetment or seawall; Despite this, it is noted that the rock structure is
expected to experience some slumping over time with
(b) subject to paragraph (d), the bottom edge of the base of subsequent top-up in response to monitoring. This is
a revetment or seawall will withstand undermining by scour; to avoid the use of geotextiles or scour aprons which
would restrict access between individual reef patches
(c) subject to paragraph (d), AS 2758 to the extent for the purposes of monitoring. Refer ICM Drawing
requirements stated in the Standard apply to the sizing and NROR-2021-00 Note 4.
grading of filter layers and armour materials;
(d) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a), (b) or (c)—
the relevant planning scheme standard, to the extent it is
more stringent than the standard mentioned in paragraph
(a), (b) or (c).
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19.4 Prescribed tidal works that are a The design and construction of the revetment or seawall is
revetment or seawall are not adversely consistent with the following standards— Not applicable.
affected by hydrostatic pressure. (a) subject to paragraph (b), AS 4678 to the extent
requirements stated in the Standard apply to hydrostatic Not a revetment or seawall.
pressure for earth-retaining structures;
(b) if a relevant planning scheme standard is more stringent
than the standard mentioned in paragraph (a)—the relevant
planning scheme standard, to the extent it is more stringent
than the standard mentioned in paragraph (a).
Design, construction and safety -wharves
(s 5(2) outcome)
20.1 Prescribed tidal works that are a wharf The design and construction of the wharf is consistent with the Not applicable.
are designed and constructed in a way to following standards—
ensure it is able to support its intended loads, (a) subject to paragraph (b)— Not a wharf.
having regard to its relevant loading matters.
(i) for a wharf constructed within a marina—AS 3962 to
the extent requirements stated in the Standard apply to
relevant loading matters for the design or construction
of the wharf; or
(ii) for a wharf not constructed within a marina—each of
the following Australian Standards to the extent
requirements stated in the Standard apply to relevant
loading matters for the design or construction of the
wharf—
(A) AS/NZS 1170.0;
(B) AS/NZS 1170.1;
(C) AS/NZS 1170.2;
(D) AS 1170.4;
(E) AS 4997;
(b) if a relevant planning scheme standard is more
stringent than the standard mentioned in paragraph
(a)—the relevant planning scheme standard, to the
extent it is more stringent than the standard mentioned
in paragraph (a).
29