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2202-27255 SRA - Response with conditions
Attached to the e-mail OPW22/0029 - SRA application correspondence - Referral agency response – with conditions.
RA6-N SARA reference: 2202-27255 SRA Council reference: OPW22/0029 Applicant reference: Noosa Oyster Project 7 April 2022 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin Qld 4565 [email protected] Attention: Mark Lewis Dear Mr Lewis SARA response—1B Serenity Close and 1, 3, 11, 13 and 15 Natasha Avenue Noosa Heads, Goat Island, Noosa North Shore and 9 Pelican Street, Tewantin (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 10 February 2022. Response Outcome: Referral agency response – with conditions. Date of response: 7 April 2022 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Operational work for prescribed tidal works (Habitat restoration / enhancement in the Noosa River) South East Queensland (North) regional office Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore Page 1 of 13 PO Box 1129, Maroochydore QLD 4558
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Page 2
2202-27255 SRA
SARA role: Referral agency
SARA trigger: Schedule 10, Part 17, Division 3, Table 1 (Planning Regulation 2017)
Tidal works in a coastal management district
Schedule 10, Part 17, Division 3, Table 2 (Planning Regulation 2017)
Tidal works in a coastal management district
Schedule 10, Part 6, Division 2, Subdivision 3, Table 1 (Planning
Regulation 2017)
Works in a declared fish habitat area
Schedule 10, Part 6, Division 3, Subdivision 3, Table 1 (Planning
Regulation 2017)
Removal, destruction or damage of marine plants
SARA reference: 2202-27255 SRA
Assessment Manager: Noosa Shire Council
Street address: 1B Serenity Close and 1, 3, 11, 13 and 15 Natasha Avenue Noosa
Heads, Goat Island, Noosa North Shore and 9 Pelican Street,
Tewantin
Real property description: 604SP188270; 35MCH4795; 326CP855842; 1RP92804; 1RP97493;
3RP106422; 5SP234718; 7RP107007; 0SP103385; 0BUP13469;
0BUP8432; 0BUP2048; 2RP106422
Applicant name: The Nature Conservancy Ltd
Applicant contact details: PO Box 306
Main Beach QLD 4217
[email protected]
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 Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Jamaica Hewston
Manager
cc The Nature Conservancy Ltd, [email protected]
State Assessment and Referral Agency Page 2 of 13
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2202-27255 SRA
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications
State Assessment and Referral Agency Page 3 of 13
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2202-27255 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 plans and specifications referenced below are found at
Attachment 5)
No. Conditions Condition timing
Operational work for prescribed tidal works (habitat restoration)
10.17.3.2.1—The chief executive administering the Planning Act 2016 nominates the Director-General
of the Department of Transport and Main Roads (Maritime Safety Queensland) 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 At all times
the following plans:
(a) General Notes and Site Selection prepared by International
Coastal Management dated 09/07/2021, Drawing Number
NROR-2021-00 Revision A.
(b) Module Designs prepared by International Coastal
Management dated 09/07/2021, Drawing Number NROR-
2021-02 Revision A.
(c) Phase 1 – Goat Island Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-03 Revision A as amended in
red by SARA dated 07/04/2022.
(d) Phase 1 – Tewantin Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-04 Revision A as amended in
red by SARA dated 07/04/2022.
(e) Phase 1 – Noosa Sound West Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-05 Revision A.
(f) Phase 1 – Noosa Sound East Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-06 Revision A.
2. The development must be carried out generally in accordance with For the duration of
the Noosa Oyster Ecosystem Restoration Project - Project works
Restoration Plan prepared by The Nature Conservancy Australia
dated January 2022, as amended in red by SARA dated 07/04/2022
3. All vessels, structures, plant and equipment associated with the While the works are
construction of the approved works must be lit/marked in accordance occurring
with the following specifications and requirements such that
undertaking the construction works does not cause a risk to the safe
navigation of ships:
(a) any anchors deployed must be marked with yellow buoys and
fitted with FL yellow lights fitted
Lighting provided must not obscure, disguise or otherwise interfere
with the effectiveness of navigational lighting.
10.17.3.2.1— 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 for the administration and enforcement of any matter relating
to the following conditions:
State Assessment and Referral Agency Page 4 of 13
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2202-27255 SRA
4. The construction of the oyster reefs must be undertaken generally in For the duration of the
accordance with the following plans: works.
General Notes and Site Selection prepared by International
Coastal Management dated 09/07/2021, Drawing Number
NROR-2021-00 Revision A.
Module Designs prepared by International Coastal
Management dated 09/07/2021, Drawing Number NROR-
2021-02 Revision A.
Phase 1 – Goat Island Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-03 Revision A.
Phase 1 – Tewantin Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-04 Revision A.
Phase 1 – Noosa Sound West Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-05 Revision A.
Phase 1 – Noosa Sound East Restoration Site prepared by
International Coastal Management dated 09/07/2021,
Drawing Number NROR-2021-06 Revision A.
5. For the proposed works, only use clean materials and ensure that For the duration of the
the works do not cause contamination. works.
6. Erosion and sediment control measures which are in accordance For the duration of the
with Best Practice Erosion and Sediment Control (BPESC) works.
guidelines for Australia (International Erosion Control Association),
are to be installed and maintained to prevent the release of sediment
to tidal waters.
7. Should the oyster reef structures collapse, fail or otherwise suffer As soon as reasonably
structural consequences which impact their integrity or ability to practicable subsequent
function as intended, the works must be: to the damage.
a. reinstated in accordance with this development approval; or
b. removed and disposed of at an appropriately licensed facility.
8. Submit “As Constructed drawings” to [email protected] or mail Within two (2) weeks of
to: the completion of the
Department of Environment and Science works.
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
9. (a) In the event that the works cause disturbance or oxidisation of (a) Upon
acid sulfate soil, the affected soil must be treated and disturbance or
thereafter managed (until the affected soil has been oxidisation until
neutralised or contained) in accordance with the current the affected soil
Queensland Acid Sulfate Soil Technical Manual: Soil has been
management guidelines, prepared by the Department of neutralised or
Science, Information Technology, Innovation and the Arts, contained.
2014.
(b) At the time the
(b) Certification by an appropriately qualified person, soils have been
confirming that the affected soil has been neutralised or neutralised or
State Assessment and Referral Agency Page 5 of 13
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2202-27255 SRA
contained, in accordance with (a) above is to be provided to [email protected] or mailed to:
Department of Environment and Science
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
Note: Appropriately qualified person means a person or persons who has
professional qualifications, training, skills and experience relevant to soil
chemistry or acid sulfate soil management and can give authoritative
assessment, advice and analysis in relation to acid sulfate soil management
using the relevant protocols, standards, methods or literature.
10.6.2.3.1.1 and 10.6.3.3.1.1 — The chief executive administering the Planning Act 2016 nominates
the Director-General of the Department of Agriculture and Fisheries 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:
10. Development authorised under this approval is limited as follows: At all times
Operational work for the temporary removal, destruction or
damage of marine plants for placement of oyster reef base
being limited to 479m2 of macroalgae and shown in Phase 1
– Tewantin Restoration Site, International Coastal
management, 05 Aug 2021, NROR-2021-04, Revision A and
amended in red by SARA dated 07/04/2022.
AND
The operational works within the Noosa River declared Fish
Habitat Area Management A being limited to trial restoration
of oyster reefs 2,504m2 in area and installation of
navigational and educational signage if required and shown
in the following plans:
Phase 1 – Tewantin Restoration Site, International
Coastal management, 05 Aug 2021, NROR-2021-04,
Revision A and amended in red by SARA, dated
07/04/2022; and
Phase 1 – Goat Island Restoration Site, International
Coastal management, 05 Aug 2021, NROR-2021-03,
Revision A and amended in red by SARA dated
07/04/2022.
11. The reef construction and sediment control must be carried out For the duration of
generally in accordance with Sections 6.1 and 6.4 of Noosa Oyster works
Ecosystem Restoration Project - Project Restoration Plan prepared
by The Nature Conservancy Australia dated January 2022, amended
in red by SARA dated 07/04/2022.
12. Maintain the signage and navigation markers development in At all times
accordance with the plans referenced in condition 10, and the
requirements of any conditions included in this referral agency
response.
13. Provide written notice to [email protected], when the At least 5 business
development authorised under this approval: days but no greater
(a) will start, and than 20 business days
(b) when it has been completed. prior to the
State Assessment and Referral Agency Page 6 of 13
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2202-27255 SRA
These notices must state this permit number 2202-27255 SRA. commencement of the
works
Within 15 business
days of the completion
of the fisheries
development works
14. Spoil or construction debris is not disposed of on tidal lands or within At all times
waterways and is managed to prevent acid soil development.
15. This fisheries development (as defined by the Fisheries Act 1994) At all times
constitutes a place that is required to be open for inspection by an
inspector at all times, pursuant to section 145 of the Fisheries Act
1994.
16. Marine plants that are temporarily removed, damaged or destroyed Within 5 years of
by this development must be restored to pre-disturbance condition. removal, damage or
destruction of the
Note: Marine plants are matters of State environmental significance under marine plants.
the Environmental Offsets Act 2014. Due to the claims that restoration will
occur made in this development application these have not been included in
a significant residual impact for the purpose of calculating an environmental
offset for this development. Failure to rehabilitate or restore these marine
plants within 5 years will represent unlawful removal damage or destruction
of marine plants under the Fisheries Act 1994 from that date.
17. The area shown as the ‘buffer zone’ from mangroves and seagrass Prior to
on plans: commencement of the
Phase 1 – Tewantin Restoration Site, International Coastal works and maintained
until their completion
management, 05 Aug 2021, NROR-2021-04, Revision A and
amended in red by SARA dated 07/04/2022; and
Phase 1 – Goat Island Restoration Site, International Coastal
management, 05 Aug 2021, NROR-2021-03, Revision A and
amended in red by SARA, dated 07/04/2022
is to be clearly marked with corner pegs and/or buoys and protected
with sediment curtains if required to prevent development works and
associated activities (sedimentation access) from entering the ‘buffer
zone’.
18. Mark with corner pegs and/or buoys, the boundary of the approved Until completion of the
tidal component of the development footprint, as shown on: installation of rock and
Phase 1 – Tewantin Restoration Site, International Coastal any signage.
management, 05 Aug 2021, NROR-2021-04, Revision A and
amended in red by SARA dated 07/04/2022; and
Phase 1 – Goat Island Restoration Site, International Coastal
management, 05 Aug 2021, NROR-2021-03, Revision A and
amended in red by SARA dated 07/04/2022.
19. Tidal land profiles that are temporarily disturbed by the development Upon completion of the
works (other than those within the permanent development footprint), works the subject of
as shown on: this approval
Phase 1 – Tewantin Restoration Site, International Coastal
management, 05 Aug 2021, NROR-2021-04, Revision A and
amended in red by SARA dated 07/04/2022; and
Phase 1 – Goat Island Restoration Site, International Coastal
management, 05 Aug 2021, NROR-2021-03, Revision A and
amended in red by SARA dated 07/04/2022
must be promptly restored to pre-work profiles.
20. The oyster reefs and any associated infrastructure including, but not At all times
State Assessment and Referral Agency Page 7 of 13
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2202-27255 SRA
limited to navigational and educational signage (if installed) and
temporary corner pegs and/or buoys and/or sediment curtains are to
be constructed and maintained to avoid fish injury, mortality and/or
entrapment.
21. (a) Implement an inspection and monitoring program for the (a) Prior to the
purposes of confirming the performance of the oyster reefs. The completion of the
inspection and monitoring program must: works
i. have been prepared by a person or entity that is suitably
qualified and experienced in ecology and restoration; At all times and
ii. involve the provision of inspection and monitoring reports to pursuant to the
[email protected] at intervals of 6 monthly for the intervals of the
timeframes stipulated
first year then annually for 8 years;
in ii.
iii. include an alert and action component, which will enable
changes to be made to any deficiencies in the oyster reefs;
iv. include a component to monitor and report on the
regeneration of impacted marine plants within the works
footprint at 6 month intervals until temporary impact areas
have regenerated to equal or greater condition;
v. be generally in accordance with the following documents:
Table 8.3: Environmental safeguards of Noosa Oyster
Ecosystem Restoration Project - Project Restoration
Plan prepared by The Nature Conservancy Australia
dated January 2022, amended in red by SARA dated
07/04/2022;
Section 8.4 – Erosion monitoring and mitigation of Noosa
Oyster Ecosystem Restoration Project - Project
Restoration Plan prepared by The Nature Conservancy
Australia dated January 2022, amended in red by SARA
dated 07/04/2022
Table 8.6 - Contingency plan of Noosa Oyster
Ecosystem Restoration Project - Project Restoration
Plan prepared by The Nature Conservancy Australia
dated January 2022, amended in red by SARA dated
07/04/2022
The emails attaching the inspection and monitoring reports must
state this permit number, the location and name of work and this
condition number under which the report is being given.
22. The sediment curtains described in condition 11 must be completely Immediately following
removed following completion of reef placement and associated completion of reef
increases in turbidity. placement and
associated increases in
turbidity.
State Assessment and Referral Agency Page 8 of 13
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2202-27255 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) v2.6. If a word remains undefined it has
its ordinary meaning.
2. While this development allows for the potential use of seeded oyster cultch in the construction
of the oyster reefs, it does not authorise the translocation of oysters. This activity will need to
be authorised separately under a Fisheries Act 1994 General Fisheries Permit.
3. A Resource Allocation Authority issued under the Fisheries Act 1994 must be held before any
works take place within the Noosa River declared Fish Habitat Area.
4. The development permit has allowed for flexibility in signage wording and format, for example,
to accommodate other agencies navigation or safety management requirements or
recommendations.
Nonetheless, any wording on the signage must not be inconsistent with the relevant legislative
and management requirements under the Fisheries Act 1994. The Department of Agriculture
and Fisheries welcomes discussion on draft wording proposed for signage before installation –
contact should be made through [email protected]
State Assessment and Referral Agency Page 9 of 13
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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for SARA’s decision are:
The application is for operational work for prescribed tidal works for habitat restoration within the
Noosa River.
There are four restoration sites that form part of this proposal, which are located at Tewantin, Goat
Island, Noosa Sound East and Noosa Sound West.
The works at the four restoration sites are located in the Noosa River navigation corridor and in a
coastal management district.
The proposed works for the Tewantin and Goat Island restoration sites are within the Noosa River
declared fish habitat area (FHA) - management A area. Part of the Tewantin restoration site and all of
the Goat Island restoration site occurs within the declared FHA and these areas are 1,667m2 and
837m2 in size respectively, with a total proposed restoration area of 2,504m2.
The works will result in temporary removal, destruction or damage to 479m2 of marine plants.
The proposed prescribed tidal works will not impede on the safe navigation of vessels in the Noosa
River and signage will be provided to ensure safe navigation within proximity to the restoration sites.
The proposed operational work complies with State code 7: Maritime safety, State code 8: Coastal
development and tidal works, State code 11: Removal, destruction or damage of marine plants and
State code 12: Development in a declared fish habitat area, of the State Development Assessment
Provisions, version 2.6, subject to conditions:
o to ensure the development is carried out generally in accordance with the plans of
development submitted with the application.
o to ensure that at all times, all lights on or above the development site do not interfere with
safe navigation in surrounding waterways.
o to ensure the development avoids or minimises adverse impacts on coastal resources and
their values.
o to ensure landowners are aware they must take responsibility for their damaged property as
they can impact on coastal resources and public safety.
o to allow for compliance in relation to what is considered generally in accordance with the
approved plans when preliminary plans are submitted with the application. Development
inconsistent with the approval may have an impact on coastal management that was not
considered in assessment.
o to ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
environments.
o to ensure the development is carried out in the location and to the extent specified on the
approved plans of development.
o to ensure the reef construction and sediment control is carried in accordance with the Project
Restoration Plan.
o to ensure the development is maintained in accordance with the approved plans of
development and any ongoing requirements of conditions.
o to ensure the disturbance of acid sulfate soil is managed to prevent impacts on fisheries
resources and fish habitats.
o to facilitate the monitoring of the development works for compliance purposes.
o to ensure significant residual impacts to matters of State environmental significance are
appropriately managed.
o to ensure the development avoids and protects identified fish habitats and fisheries
resources.
o to ensure the development does not encroach into fish habitat areas outside the approved
area.
o to ensure tidal land profiles are restored to match the surrounding or pre-works sediment
profile to aid re-colonisation by flora and fauna.
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2202-27255 SRA
o to ensure the development does not increase the risk of mortality, disease or injury, or
compromise the health and productivity in fish.
o to ensure the fish way remains operational and a feasible and reliable solution providing
adequate fish passage for as long as the waterway barrier is in position.
o to ensure the waterway barrier exists only for a temporary period and cause minimal and
acceptable disruption to fish movement in the area.
Material used in the assessment of the application:
The development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
The State Development Assessment Provisions (version 2,6), as published by the department
The Development Assessment Rules
SARA DA Mapping system
Human Rights Act 2019
State Assessment and Referral Agency Page 11 of 13
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2202-27255 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 12 of 13
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2202-27255 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 13 of 13