Decision Notice - 010.2009.00001065.001 [As Published] · 142009.1065

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2.    All structures associated with the boat ramp must be constructed wholly within the approved
      Resource Entitlement Area.
3.    Structures shall be designed and constructed such that they are free standing within the
      waterway and property and are not connected to the revetment wall.
4.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
5.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
6.    Use of the boat ramp is for private purposes only; no commercial operations are to be
      undertaken.
7.    Boat repair activities will not be permitted on site.
8.    Wastewater and sullage shall only be disposed of at approved pump out facilities.
9.    Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
10.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. Also any
      approval granted does not warrant that such plans and specifications have been checked in
      detail, nor does it absolve the owner of the land from complying with all the conditions of this
      approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
      statutory regulations in the execution and/or performance of said works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
11.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the boat ramp has been constructed in accordance with best practice methods, is in
      accordance with Coastal Protection and Management Act 1995, is structurally sound, and will
      have no detrimental affect on the existing revetment walls.
12.   A final inspection and approval of the structure by Council’s Inspector is also required prior to
      the return of any bond monies held by Council. Please contact Council’s Operational Works
      Assessment Branch to arrange the inspection.
13.   The Development Permit for Operational Works (Prescribed Tidal Works – Boat Ramp) lapses
      if the works have not been completed by 15 September 2011, unless an application to extend
      the relevant period is approved by Council.
14.   The boat ramp shall be licensed with the Council upon completion of the structural work and
      shall be licensed annually thereafter.

5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger            Referral Status      Referral          Referral Address
                                                  Agency

 Prescribed Tidal Works      Concurrence          Maritime Safety   Marine Operations (Brisbane)
 not in a canal and has                           Queensland        MacArthur Avenue East
 no more than 6 vessel                                              PINKENBA QLD 4008
 berths



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 Prescribed Tidal Works      Concurrence         Department of       Ecoaccess
 requiring resource                              Environment         PO Box 168
 entitlement                                     and Resource        COTTON TREE QLD 4558
                                                 Management

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.             Rev.    Plan / Document Name                         Date
 09/62-1                         A       Plan - John Norden and Associates            May 2009
 09/62-2                         A       Revetment Wall Detail - John Norden          May 2009
                                         and Associates

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1       On a Sunday or public holiday, at any time; or
      2.2       On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991, Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council prior to
      commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
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8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable
10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Not applicable

11     SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Yours faithfully,




Denis Wallace
Senior Development Planner




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Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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Maritime Safety Queensland docs nol need to be further consulted iPulf of the above candilions are
met.

The above canditions must be included ia your application Lo the assessment manager.
‘This agency will also forward a copy of Unis letier eo the Asscesment Manager.
Yours sincercly

A soso APB

fCaptain Richard C Johnson
Regional Harbour Master (Brishanc}

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Notice

integrated Planning Act 1997

Early Concurrence Agency Response

This notice is issucd by tne Repariment af Emvironmant and Resource Management! pursuart to Sechurs 3.3.2, 33 16
an 9.3.78 of fre integrates! Planning Act 199/ to advise of @ decision or actian.

Mr and Mrs Michael Guthie
43 Dolphin Crescent
NOOSAVILLE QLD 4566

Dear Mr and Mrs Guthrie

ce:

Re: Request for early concurrence response

Chief Executive Otticer

Sunshine Coast Regional Councit

Locked Bag 72

SCMC QLD 4560

Our reference: CR2470; MCY2161

The Department of Environment aud Resource Management (DERM}, wishes to advise thal the request for
early concurrence agency response, received on 19 June 2008, has been assessed, and on 13 August 2009
a decision was made Io issue 6 response for consideration of the assessment manager when the application

becomes properly made.

1. Property/Location:

 

 

 

Street Address 13 Dolphin Crescent
NOOSAVILLE QLD 4566
tLotfPian Lot 74 Plan N10573

 

 

2. Details of the recommendation

 

Racommendation

 

 

 

. Aspect of
Aclivity {Referral Triggers) Development
Preseribad Tidal Work being | Early Concurranca
for constuction of a new boat Response for
ramp Operational Work

Granted In full with
condi lignes

 

DERM Dacision
Number

 

1PCCO1S30S09

 

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ecoaccess

erwwnanemtal fecaces and permts
Notice
Early Concurrence Agency Response |

 

$3. Currency peniod

This approval will lapse unless substantially started wilhin the currency period/s set by tla Assessment
Manager OR the standard currency perinis stated in section 3.5.71 of the integrated Planning Act
4997 applying to each aspect of development in this approval AND/OR the following currency periods
applying to aspects ol develapment in this approval.

This approval will apse unless substantially started within two years.

4, The approved plans
The approved plans andor documents for this approval are:

 

Plan/Dequment No. Plan/Oocument Name Date

 

 

09/62-1 Site plan Ainenriment & dated May 2009
09/62-2 Longitudinal section end revetment wall Amendment A daled May 2008
details

 

 

 

 

5, Codes for self-assessable development

Any seli-assessable development for an environmentally rcievant activity conducted in conjunction
with this approval, must Gomply with the retavant cade of environmental campliance.

6 Assessment Manager Responsibilities

Please note that it is a requiramant under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1397
that 2 copy of the final Decision Notice (which includes DERM's concurrence response) for this application
issued by the Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore could you
please send a signed hardcapy to DERM's Ecaaccess Customer Service Unit, PO Box 15155 CITY EAST
4002 and an elactronic copy fo aco.accesstiepa.qid.gov au.

in aciitiun, tha State’s Native Title Work Procedures indicate that responsibilty for assessment of native lite
issues for an IDAS application rest with the Assessment Manager. Therefore in this instance, DERM has not
Pruvifed a matifcation to native litte parties.

If you require: more informatian, please contact Louise Plan, the Project Manager, on tha talaphone number
fisted hefow.

‘Yours sincorcly

B Enquiries:
Kye FS - Reg Serv - Ane Narih - Sunshina Caast -

DERM
Dan Rose PO Box 163
Delegate - GOLLUM TREE QLD 4558
Environmental Services Phone; (07) 5459 6132

Department of Environment and Resource Management Fay: (07) 5443 9927

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oO

 
   

16 and 3.3.18 Integrated Planning Act 1997

DERM Permit’ number: _ IPCC01530509

 

 

DERM Permit’ number: IPCC01530503

Assessment Manager reference: NIA
Applicant: Michael and Sandy Guthrie

Date application received by DERM: 19 June 2009

 

 

 

 

Permit’ Type: Early Concurrence Response for Operational Work,
Date of Decision: 13 August 2009
Decisian: Granted in full with conditions
; Relevant Laws and Policies: Caastat Protection and Management Act 1995 and any
| suberdinale legisiation
Jurisdiction: jlem @ in Table 2 of Schedule 2 of the integrated Planning
i Regutation 1998
Development Description :
Property ‘Lot/Plan Aspect of Development
13 Dolphin Gesrent Preseribed Tidal Work being for consteuctian of a
NOOSAVILLE QLD 4866 bot 74 Plan N10573 J new boat ramp

 

 

 

 

 

Reasons for inclusion of development conditions

In accordance with section 3.3.18(8} of the Integrated Planing Act 1997 anc section 97B af tha Acts
inferprefatian Act 1963, the reasons for the inclusion of development conditians are:

Tha Gepartment of Environment and Resource Management (DERM) is a concurrence agency under the
integrated Planning Regulaiian 1998 for coastal management under the Coastal Protection and Management
Act 1995, exdiuding amenily or westhetic significance or value.

Additional information for appticants

The standard currency petlods steted in section 3.5.21 of the Infegrated Planning Act 1997 ar the nurmrrated
currency period, apply fo each aspect of development in this perm it’. For information on when this permit’ takes
efleed and the relevanl currency periods, please see point 3 in the Eady Cancurranca Aqancy Respense Natica.

 

* Permit includes licences, appravals, permits, authorisations, certiticates, sanctions of equivalenYsimlar as
required by legislation administered by tie Department of Environment and Resource Management

 

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CERM Permit number: IPCC0153050¢

Contaminated Land

{tis a requiramant of tha Environmentat Protection Act 1994 that if an owner or occupier af land becomes aware
a Notifiable Activity (as cefined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on
the land or thal the land has Seen affected by a hazarcous contaminant, they must, within 30 days after
beconing so aware, pive notice to the Department of Environment and Resource Management.

Dan Rose
Ociegate

Environmantal Services
Departmant of Environment and Resource Management

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DERM Permit number: IPCC01530509

CONDITIONS OF APPROVAL

General Permit Condition

Agancy Interest: Caastat

1

Ait works are to be constructed in accordance with the attached approved drawings and specificatians
listed in the approved plazis section in the Nolice atteched to this permit,

Tha chef execulive administaring tha Coasta/ Protection and Managemant Act 1995 may order the
works to be removed or modified, within a reasonable lime, if the works have or are likely la have a
significant effect on coastal management because the works:

(@} create a navigation hazard or alher danger to the public; ar -
(6} cause erosion or land degradation; cr
(c) are unstable of have nol been constructed according to the approved plans.

All reasonable and practicable measures must ha taken te prevent paliuition of watercourses or
stormwater systems as a result of sit run-off, oil and grease spills from machinery, concrele Inick
washout and alike, Concrelo agilalor wash out must only be conducted in a specified area to facilitate
the ramoval of waste aoncrate from the area to landfill, Waslewater from cleaning equipmenl must not
be discharged directly or indirectly to any watercourses or stormwater systems.

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DERM Permit number: IPCC01530508 °

SEFINITONS

Words and phrases used throughoul this permit’ are defined beiove. Where 2 definition tor a term used in this
permit’ is sought and the lerm is not defined within Unis permit! tha definitions provided in the relevant legislation
shall be used.

“approval” means ‘notice of develapment application decrsion’ or ‘notice of concurrence agancy response”
under the integrated Planaing Act 1997.

“approved plans” means the plans and docunents lisled in the appraved plans section in the notice allached
to [his development approval.

“Department of Enviranment and Resource Management” means the deparlment or agancy {whatever
¢allad) administering the Caastal Protection end Management Act 1995 of the Environmental Protection Act
1994.

“land” in the “and schedule" of this dacument means land vxduding waters and the atmosphere.

“aita™ means land or tidal waters on or in which if is proposed to cary out the developreent approved undex this
development approval.

"watercourse" means a fiver, creek or stream In which water flows permanantly or Intermittently

«jn a natural channel, whether artificially Improved ex not, ar
» inan artificial charmel that has changed the course af the walercourse.

“waters” includes aver, stream, lake, lagoon, pand, swamp, wetland, unconfined surface water, unconfined
water nalurel or artifiiat watercourse, bed and bank of any walers, dams, non-tidal or tide! waters (including the
3¢2}, slonmwaler channel, stormwater drain, roadside gutler, slarmwater run-off, and groundwater and any part-
thareof.

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

“you” means the holder of this develapment ap proval or owner / occupiar of the land which is the subject of
this development approval.

END OF CONDITIONS

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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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