2404-40124 SRA - Response with conditions (MCU24_0044 and OPW24_0045) · MCU24/0044

Page 2

                                                                                                   2404-40124 SRA




                                        Regulation 2017) - Operational work that is tidal works or work in a
                                        coastal management district

                                        Schedule 10, Part 17, Division 3, Subdivision 1, Table 2 (Planning
                                        Regulation 2017) - Operational work that is tidal works or work in a
                                        coastal management district
SARA reference:                         2404-40124 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         13 Dolphin Crescent, Noosaville
Real property description:              Lot 74 on N10573
Applicant name:                         Michael & Sandy Guthrie
Applicant contact details:               C/- The Jetty Specialist
                                         18 Ron Parkinson Cres
                                         Corbould Park QLD 4551
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Human Rights Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights.


Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

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

For further information please contact Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Danika Cowie
Principal Planning Officer

cc      Michael & Sandy Guthrie, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions




 State Assessment and Referral Agency                                                                  Page 2 of 7

Page 3

                                                                                                    2404-40124 SRA




Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Operational works
 Schedule 10, Part 17, Division 3, Table 1, Item 1 – Tidal works or work within a coastal management
 district —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 for the administration and enforcement of any matter relating
 to the following conditions:
 1.      The development must be carried out generally in accordance with               For the duration of
         the following plans:                                                           works and to be
              Layout plan, prepared by The Jetty Specialist, dated                     maintained.
                  06/03/2024, drawing number TJS-04865-02, revision A.
              Elevation, prepared by The Jetty Specialist, dated
                  06/03/2024, drawing number TJS-04865-03, revision A.
 2.      The works to which this approval relates are to be for a private               At all times.
         purpose only.
 3.      Any operator and contractor involved in the works to which this                During construction.
         approval relates must:
            a) be provided a copy of referral agency conditions
            b) 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
            d) operate such measures, plant and equipment in a proper
                and efficient manner.
 4.      For the proposed works only use material which are free from                   During construction.
         contaminants as defined under section 11 of the Environmental
         Protection Act 1994.
 5.      Should the works become damaged as a result of erosion, flooding               At all times.
         or storm tide inundation, the registered landowner(s) of the subject
         land shall be responsible for the removal of all debris at their own
         expense.
 Schedule 10, Part 17, Division 3, Table 2, Item 1 – Tidal works or work within a coastal management
 district —The chief executive administering the Planning Act 2016 nominates the Director-General of
 the Department of Transport and Main Roads to be the enforcement authority for the development to
 which this development approval relates for the administration and enforcement of any matter relating
 to the following conditions:
 6.      The development must be carried out generally in accordance with               At all times.
         the following plans:
              Site Plan and Water Allocation, prepared by The Jetty
                  Specialist, dated 22/11/23, drawing number TJS-04865-01,
                  revision A.
 7.      a) Light/mark all vessels, structure, plant and equipment associated           For the duration of
            with the works, in accordance with Section 3 of AS4282-1997                 work and for operation
            Control of the obtrusive effects of outdoor lighting.                       to be maintained at all
                                                                                        times.
         b) Lighting provided must not obscure, disguise or otherwise
            interfere with the safe navigation of other vessels, including the
            effectiveness of navigational lighting.


 State Assessment and Referral Agency                                                                   Page 3 of 7

Page 4

                                                                                          2404-40124 SRA




8.      The construction, operation and maintenance of the pontoon and         For the duration of
        any ship berthed, moored or attached to the structure, must not:       works, and at all times.
            a) encroach into, pass over or under a navigation corridor; or
            b) be located in a high risk maritime zone; or
            c) impede the safe navigation of other ships or boats; or
            d) restrict safe access to or from neighbouring structures
9.      Remove and dispose of any debris or similar obstruction                For the duration of
        encountered whilst undertaking the work at an appropriately licensed   works.
        facility.
10.     All piles and/or structure to be demolished, both above and below      Prior to the completion
        the waterline must be completely extracted/removed.                    of works.




State Assessment and Referral Agency                                                          Page 4 of 7

Page 5

                                                                                         2404-40124 SRA




Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
        undefined it has its ordinary meaning.




State Assessment and Referral Agency                                                         Page 5 of 7

Page 6

                                                                                              2404-40124 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The proposed development is for operational work for prescribed tidal works for a pontoon.
 The proposed development involves operational work in a developed tidal waterway, and as such
   required assessment under the State Development Assessment Provisions (SDAP).
      SARA assessed the application against State code 7: Maritime safety, of the SDAP (v3.0) and found it
       complies, subject to conditions to ensure:
          o the development is carried out generally in accordance with the plans of development
              submitted with the application
          o that at all times, all lights on or above the development site do not interfere with safe
              navigation in surrounding waterways
          o the development does not encroach on the navigation corridor or high-risk maritime zone to
              ensure the safe passage of vessels
          o that debris from the development does not create a hazard to navigation
          o that there is no residual material that could create a hazard to navigation.
      SARA assessed the application against State code 8: Coastal development and tidal works, of the
       SDAP (v3.0) and found it complies, subject to conditions to ensure:
          o the development is carried out generally in accordance with the plan of development
              submitted with the application.
          o that at all times, the works, to which this approval relates are for private purpose only.
          o any operator and contractor involved in the works ensures impacts on coastal values
              (water quality) are avoided or minimised.
          o works only use materials which are free from contaminants as defined under section 11 of
              the Environmental Protection Act 1994.
          o damaged works as a result of erosion, flooding or storm tide inundation, the registered
              landowner(s) of the subject land shall be responsible for the removal of all debris at their
              own expense.

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.0), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




    State Assessment and Referral Agency                                                          Page 6 of 7

Page 7

                                                  2404-40124 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 7 of 7