Decision Notice - Approved by Delegation of Authority OPW19 0227 · OPW19/0227

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW19/0227 : JElder
Your Reference:	7354
18 December 2019
Aqua Pontoons Pty Ltd
12 Fernleigh Court
CURRUMBIN  QLD  4223

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 13 December 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0227
Street address:	44 Noosa Pde Noosa Heads Qld 4567
Real property description:	Lot 21 N 21842
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (pontoon, gangways and landings).
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
AP7354-01	A	Site Plan, Pontoon Plan & General Notes prepared by Aqua Pontoons	15 July 2019
AP7354-02	O	Elevations prepared by Aqua Pontoons	3 June 2019
AP7354-03	O	Pontoon & Pile Bracket Details prepared by Aqua Pontoons	3 June 2019
AP7354-04	O	Hinged Gangway & Bracket Details prepared by Aqua Pontoons	3 June 2019
AP7354-05	O	Fixed Gangway & Bracket Details prepared by Aqua Pontoons	3 June 2019
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the final inspection undertaken by 13 December 2021, unless an application to extend the currency period is approved by Council.
General Conditions
All structures must have no detrimental effects on seawalls, revetment walls, stormwater drains and/or easements.
No boatlifting devices are to be attached or moored at the pontoon structure for the purpose of elevating a vessel above the water without Council approval.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
The pontoon is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
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 2009.
Certification by a Registered Professional Engineer of Queensland that states that the pontoon, gangways and landings are constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the jetty has not commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDMIP SARA at DSDMIP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 28 November 2019  (Reference No. 1910-13730-SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The approval or conditions do not 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 statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	SARA at DILGP
[email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 15

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ee) NOOSA COUNCIL


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SARA reference] 1910-12730 SRA

ueenstand

‘State Development,
Manufacturing,
Infrastructure and Planning

(Council eference: — OPW1910227

‘Applicant reference: 7354

28 November 2019

Chief Executive Officer
‘Noosa Shire Council
POBox 141
TEWANTIN QLD 4565
‘[email protected]

Attention: Mr Mark Lewis

Dear Mr Lewis

SARA response—44 Noosa Parade, Noosa Heads
(Reeral agency response given under secon 58 o the Paming Act 2016)

‘The development application described below was confirmed as property referred by the Department of
‘State Development, Manufacturing, Infrastructure and Planning (the department) on 23 October 2019.

 

 

Response

‘Outcome:

Date of response:

Conditions ‘The conditions in Attachment 1 must be attached to any
development approval

Advice: ‘Advice tothe applicants in Attachment 2

Reasons: “The easons forthe referral agency response are in Attachment 3

Development details

 

Description:

‘SARA role:
‘SARA tigger

Page of

‘Development permit Operational work — Prescribed Tidal Works
(Pontoon, gangways and landings)

Referral agency
‘Schedule 10, Part 17, Division 3, Table 1, Item 1 (10.17.3.1.1) —

‘Operational work that is tidal works or work in @ coastal management
istrict (Planning Regulation 2017)

South East Gueensiand Nort) regional fice
Mite Apem Bung. Level 3,12 Fat Averue,

Marsocryore
PO Bor 1128, Mrcochysore QLD 4868


[Attachment: image4.png (image text)]
‘SARA reference:
Assessment Manager:
‘Street address:

Real property description:
‘Applicant name:
‘Applicant contact details:

Representations

1010-13730 SRA

‘Schedule 10, Part 17, Division 3, Table 2 Item 1 (10.173.2.1) —
‘Operational work that is tidal works or work in coastal management
strict in idal waters (Planning Regulation 2017)

1910-13730 SRA
‘Noosa Shire Council

44 Noosa Parade, Noosa Heads

(On and adjacent to Lot 21 on N21842
‘Aqua Pontoons Pty Lid

12 Femleigh Court
(CURRUMBIN QLD 4223

‘[email protected]

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Brittany Hughes, Pianning Officer, on (07) 4616 7332 or via email
‘[email protected] who will be pleased to assist.

‘Yours sincerely

 

‘Garth Nolan
‘Manager (Planning)

‘ee Aqua Pontoons Pty Ltd, [email protected]

lene Attachment 1 - Rafer ageney conditions
‘Astachmant 2- Advice tothe applicant
‘Astachmant 3- Reasons for eferal agency response:
‘tachment 4- Representations about areferal agency response
‘Attachment 5 - Approved plans

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 208


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions

[Under secon G5( TO) othe Panning Act 2076 the folowing conditions must be stached t any devalopment
_spproval relating to this sppiestion). (Copies othe pans and specifestions referenced below are found at
‘tachment 8).

rero-a720 SRA

 

No,

‘Conditions

Condition timing

 

‘Operational work that is tidal works or work in a coastal management district

 

10.17.3.1.1—The chief executive administering the Planning Act 2016 nominates the Director-General
of the Department of Environment and Science to be the enforcement authority for the development to
\which this development approval relates forthe administration and enforcement of any matter relating
to the folowing conditions:

 

 

7. __ | Allworks are to be constructed and maintained in a safe condition in | At all times
accordance with the plans/drawings listed on the Owner's consent
notice provided by Department of Environment and Science,

‘2. | The works to which this approval relates are tobe for a private ‘Atal times,

purpose oniy.

 

"Any operator and contractor involved inthe works to which this,
approval relates must:

(a) be provided a copy ofthese referral agency conditions;

(®) install all measures, plant and equipment necessary to ensure
compliance with the conditions of this approval;

(c) maintain such measures, plant and equipment in a proper and
‘efficient condition; and

(@) operate such measures, plant and equipment in a proper and
efficient manner.

During construction

 

For the proposed works only use materials which are free from
contaminants as defined under section 11 of the Environmental
Protection Act 1994

During construction

 

‘Should the works become damaged as a result of erosion, flooding
fr storm tide inundation, the registered landowner(s) ofthe subject
land shall be responsible forthe removal of all debris at their own
expense,

‘Atal times,

 

‘Operational work that i tidal works or work in a coastal management district in tidal waters

 

10.17
ofthe

32. 1— The chief executive administering the Planning Act 2076 nominates the Director-General
Department of Transport and Main Roads (Maritime Safety Queensland)

‘authority forthe development to which this development approval relates for the administration and
enforcement of any matter relating tothe folowing conditions:

) to be the enforcement

 

a

 

“The development must be carried out generally in accordance with
‘the following plans:
‘© Site Plan, Pontoon Plan & General Notes, prepared by Aqua
Pontoons, dated 15.7.19, drawing no. AP7354.01 and revision
A

‘+ Elevations, prepared by Aqua Pontoons, dated 03/06/2019,

 

‘drawing no. AP7354-02 and revision 0.

‘Atal times,

 

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing

Page Sef


[Attachment: image6.png (image text)]
rero-a720 SRA

 

7. | The structure must be litmarked in accordance with the folowing
specifications, such that it does not cause a risk tothe safe
navigation of other ships:
‘© Section 3 of AS4262-1997 Control ofthe obtrusive effects of
outdoor lighting.

‘Atal times,

 

8 | The construction, operation or maintenance of the structure, and any

ship berthed, moored or attached to the structure, must not

(a) encroach into, pass over or under a navigation corridor or be
located in a high-risk marie zone; or
(b) be located in a high risk maritime zone.

‘Atal times,

 

‘8. | Any debris or similar obstruction generated whilst undertaking the

at the applicant's expense,

‘work must be removed from the waterway and suitably disposed of

‘While works are
‘occurring

 

 

10. | Allpiles andlor structures to be demolished, both above and below
‘the watertine must be completely extractediremoved,

 

 

Prior tothe completion
of the works.

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing

Page sof


[Attachment: image7.png (image text)]
1910-12730 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

7] Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP), version 25. Ifa word remains
Undefined it has ts ordinary meaning,

 

 

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page Sef


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rero-a720 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 557) the Panning Act 2076)

 

‘The reasons for the department's decision are:

‘The development complies with the SDAP, in particular State code 7: Maritime safety and State code &:
Coastal development and tidal works. Specifically, the development is appropriately designed and
located to:

‘+ support the viable operation of aids to navigation,
‘+ suppor the safe operation of vessels in navigable waterways

‘+ protect, buildings and infrastructure from impacts of coastal erosion

‘+ maintain and conserve coastal processes

‘+ maintain appropriate public use of, and access to and along, state coastal land
‘+ avoids impacts on matters of state environmental significance.

Material used inthe assessment ofthe application:
‘+ The development application material and submitted plans
+ Planning Act 2016

‘+ Planning Regulation 2017

‘+The SDAP (version 25), 98 published by the department
‘+The Development Assessment Rules

‘+ SARADA Mapping system

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page Bcf