Decision Notice - Council Meeting Decision OPW22 0029

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW22/0029
Your Reference:	Noosa Oyster Project
25 May 2022
The Nature Conservancy Ltd
PO Box 833
NORTH MELBOURNE VIC 3051
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 May 2022, Council decided to approve the application, subject to conditions.
Approve the application in accordance with Referral Agency Conditions provided by SARA
Details of the decision are as follows:
APPLICATION details
Application No:	OPW22/0029
Street address:	Goat Island Noosa North Shore Qld 4565
Real property description:	SP 103385, BUP 13469, Lot 1 RP 92804, Lot 7 RP 107007, BUP 2048, Lot 3 RP 106422, Lot 2 RP 106422, Lot 1 RP 97493, BUP 8432, Lot 604 SP 188270, Lot 326 CP 855842, Lot 35 MCH 4795, Lot 5 SP 234718
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Operational Works – (Prescribed Tidal Works – Noosa River Oyster Habitat Restoration) for Noosa River
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
Phase 1 – Pilot Phase is only approved as part of this development approval.

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
NROR-2021-00	A	General Notes & Site Selection	09/07/2021
NROR-2021-01	-	Restoration Zones	20/05/2021
NROR-2021-02	A	Module Designs	09/07/2021
NROR-2021-03	A	Goat Island Restoration Site	09/07/2021
NROR-2021-04	A	Tewantin Island Restoration Site	09/07/2021
NROR-2021-05	A	Noosa Sound West Restoration Site	09/07/2021
NROR-2021-06	A	Noosa Sound East Restoration Site	09/07/2021
Currency Period
The development approval lapses if the works have not been substantially started by 19 May 2024, unless an application to extend the currency period is approved by Council.
General Conditions
All works must be undertaken in accordance with the Noosa Oyster Restoration Project – Project Restoration Plan prepared by The Nature Conservancy dated January 2022.
All works must be undertaken in accordance with Maritime Safety Queensland (MSQ) and Department of Agriculture and Fisheries (DAF) requirements relating to signage and aids to navigation as detailed in the Noosa Oyster Restoration Project – Project Restoration Plan (Section 7) prepared by The Nature Conservancy dated January 2022.
All works must be undertaken in accordance with DAF requirements relating to notifications, marking of approved boundary areas and restoration of marine plants/tidal profiles that are temporarily impacted as a result of the works as detailed in the SARA Decision Notice.
All works must be undertaken in accordance with Best Practice Erosion and Sediment Control (BPESC) guidelines for Australia (International Erosion Control Association).
All works must be undertaken in accordance with Sections 6.1 and 6.4 of Noosa Oyster Ecosystem Restoration Project - Project Restoration Plan prepared by The Nature Conservancy Australia dated January 2022.
All works must be undertaken in accordance with the current Queensland Acid Sulfate Soil Technical Manual: Soil management guidelines, prepared by the Department of Science, Information Technology, Innovation and the Arts, 2014.
All materials used for construction works must be clean materials to ensure that the works do not contaminate the waterway.
All structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall.
All structures must have no detrimental effects on stormwater drains and/or easements.
In the event of collapse or failure of structural integrity of the oyster restoration substrates, the works must be removed from the waterway or reconstructed in accordance with this development approval.
All works must be undertaken in accordance with an approved Construction Environmental Management Plan (CEMP) which consolidates the commitments and management measures described in the Noosa Oyster Ecosystem Restoration Project – Project Restoration Plan including, but not limited to:
A Site Management Plan which describes environmental management measures at the proposed load out site including details of stockpile management;
An Erosion and Sediment Control Plan (ESCP) in accordance with BPESC guidelines;
A Marine Plant and Water Quality Monitoring Plan designed to monitor the composition of marine plant assemblages at habitat restoration sites and appropriate sites upstream and downstream; and
A Marine Biosecurity Management Plan for construction vessels.
The CEMP should be submitted to Council for approval 20 business days prior to the commencement of works.
A monitoring report must be provided to Council on a six-monthly basis for the first year (and annually for the following 4 years) following completion of construction works which details the results of restoration monitoring and evaluation, including adaptive management measures taken and the success or otherwise of those measures.
Upon completion of construction works, any construction debris or waste must be removed from site and disposed of appropriately.
Lighting associated with the construction phase must be designed, installed, operated and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
Any construction and post construction activity must not 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 oyster habitat restoration substrates are constructed in accordance with best practice methods and is structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works.
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 DILGP SARA at DILGP 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 6 – Declared Fish Habitat Area and Marine Plants, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 7 April 2022 (Reference No. 2202-27255 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
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.
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 to discuss any obligations under the ACH Act.

Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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,

Patrick Murphy
Acting Manager, Development Assessment

Enc:	Referral Agency Response
Appeal Rights
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [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
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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 19 of 20

[Attachment: image10.png (image text)]
 

 

‘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 Qlé 4001

Noe: means a person or persons who has

 

706.2.3.1.1 and 10.6.3.2.1.1 — The chief executive administering the Planning Act 2076 nominates
the Director-General ofthe Department of Agriculture and Fisheries tobe the enforcement authorty for
the development to which this development approval relates forthe administration and enforcement of

ny matter eating othe following conditions.

 

0. | Development authorised under this approvals lied as folows:
‘© Operational work forthe temporary removal, destruction or
{damage of marine plans for placement of oyster reef base
being limited to 479m of macroalgae and shown in Phase 1
= Tewantin Restoration Sit, Intemational Coastal
‘management, 05 Aug 2021, NROR-2021-04, Revision A and
‘amended in red by SARA dated 07/04/2022.

‘+ The operational works within the Noosa River declared Fish
Habitat Area Management A being limited total restoration
(of oyster reefs 2.504m* in area and instalation of
‘navigational and educational signage if required and shown
Inthe folowing plans:

Phase 1 — Tewantin Restoration Site, International
‘Coastal management, 05 Aug 2021, NROR-2021-06,

 

Revision A and amended in red by SARA dated
710472022.

‘Aral tines

 

Ti. | The reef construction and sediment control mustbe carried out
‘generally in accordance with Sections 6.1 and 6.4 of Noosa Oyster
Ecosystem Restoration Project - Project Restoration Plan prepared
by The Nature Conservancy Australia dated January 2022, amended
Inred by SARA dated 07/04/2022.

For the duration of

 

12, | Maintain the signage and navigation markers development in

‘accordance wih the plane referenced in condition 10, an the
requirements of any Conditions included in this referral agency
response.

‘Aral tines

 

 

13. | Provide witten notice to notiicatons@dat qld gov au, when the
evelopment authorised under this approval:

(a) willsta, and

(©) __when thas been completed.

 

 

‘Aileast S business
‘days but no greater
than 20 business days:
rior to the

 

 

‘Ste Asessmentae Refer Agen

Page ot13

 

 


[Attachment: image11.png (image text)]
 

 

“These notices must state tis permit number 2202-27255 SRA.

‘commencement of the

“Within 15 business:
‘ays ofthe completion
‘of the fisheries
{evelopment works

 

4

‘Spoll or construction debris isnot disposed of on tidal lands or within
waterways and is managed to prevent acid sol development.

“Atal tines

 

=

“This fisheries development (as defined by the Fisheries Act 1994)
Constitutes a place that is required to be open for inspection by an
Inspector a all times, pursuant o section 145 of the Fisheries Act
‘1994,

‘Aral tines

 

6

‘Marine plants that are temporary removed, damaged or destoyed
by this development must be restored to pre-disturbance condition,

‘Not: Marne plants are matters of State envonmenta sgnfcance under
{he Envronmental Ofte Act 2014 Oue the cams thet esoraon wt

‘occur made fis development applestion hese have not been nae
‘2 Sonicant residual mpact forthe purpose of calculating an environmental
(teat or tis development Faure fo rena or restore ese marine

‘lant wih 5 years wil represent unlawll removal damage or destruction
tare plats under he Pishenes Act 1998 rom that dts.

‘Within 5 years of|

‘Gestucton ofthe
marine plants.

 

7

“The area shown as the ‘buffer zone’ from mangroves and seagrass

fn 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 sland Restoration Ste, Intemational Coastal
‘management, 05 Aug 2021, NROR-2021-0, Revision A and
amended in red by SARA, dated 07/04/2022

Js tbe cleaty marked with comer pegs andior buoys and protected

with sediment curtains if required to prevent development works and

‘ssociated acts (sedimentation access) fom entering the ‘ulfler

zone.

Pronto
‘commencement of the
‘works and maintained
Unt thee completion

 

7

‘Mark with comer pegs andlor buoys, the Boundary ofthe approved
"Wal component he development etn. as shown on
‘Phase 1 - Tewantin Restoration Site, Intemational 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, Intemational Coastal
‘management, 05 Aug 2021, NROR-2031-03, Revision A and
amended in red by SARA dated 07/04/2022.

‘Uni completion of the |
Inetaliaton of rock and

any signage.

 

2.

“Tidal and profiles that are temporary disturbed by the development
works (ther than those win the permanent development footy),
‘38 shown on:

‘+ Phase 1 Tewantin Restoration it, Intemational 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, Intemational Coastal
‘management, 05 Aug 2021, NROR-2031-03, Revision A and
“amended in red by SARA dated 07/04/2022

must be promplly restored to pre-work profes.

‘Upon completion of the
works the subject of
this approval

 

 

 

“The oyster refs and any associated infrastructure including, but nat

 

‘Aral tines

 

 

 

‘State Aetna Refer Agen

Page 7013


[Attachment: image12.png (image text)]
 

Tinted to navigational and educational signage (f installed) and
temporary corner pegs andlor buoys andlor sediment curtains are to
bbe constructed and maintained to avoid fish injury, mortality andor
entrapment.

 

2

@

 

[implement an inspection and mentoring program forthe
purposes of confirming the performance ofthe oyster reefs. The
Inspection and monitoring program must:
hhave been prepared by a person or ently that is suitably
{qualified and experienced in ecology and restoration:
Involve the provision of inspection and monitoring reports to
‘notifications @daf qld.gov au at intervals of 6 monthly forthe
fist year then annually or 8 years;
Include an alert and action component, which wil enable
changes to be made to any deficiencies in the oyster reefs:
Include a component to monitor and repot on the
‘regeneration of impacted marine plants within the works
footprint at 6 month intervals unt temporary impact aceas
hhave regenerated to equal or greater condition,
bbe generalyn accordance with the flowing documents:
“Table 8.3: Environmental safeguards of Noosa Oyster
Ecosystem Restoration Project - Project Restoration
Pan prepared by The Nature Conservancy Australia
‘dated January 2022, amended in red by SARA dated
‘710472022;
‘Section 8.4 Erosion monitoring and mitigation of Noosa.
‘Oyster Ecosystem Restoration Project - Project
Restoration Pian prepared by The Nature Conservancy
‘Australia dated January 2022, amended in red by SARA
‘sates 07/08/2022
‘Table 8.6 - Contingency plan of Noosa Oyster
Ecosystem Restoration Project - Project Restoration
Pan prepared by The Nature Conservancy Australia
‘dated January 2022, amended in red by SARA dated
‘7104/2022

“The emails attaching the inspection and monitoring eports must
sate this permit number, the locaton and name of work and tis
Coniston number under which the report is being given

@ Prortothe
‘completion ofthe

‘Atal times and
pursuant to the
Intervals ofthe
timeframes stipulated

 

 

 

 

 

 

‘Ste Asessmentae Refer Agen

Page Bot 13

 


[Attachment: image13.png (image text)]
 

 

Attachment 2—Advice to the applicant

 

General advice

 

7

“Terms and pirases used in this document are defined in the Planning Act 2076 is regulation or
the State Development Assessment Provisions (SDAP) v26. Ifa word remains undefined it has
its ordinary meaning,

 

While this development alows fr the potential use of seeded oyster cutch inthe construction
‘ofthe oyster reefs, does not authorise the translocation of oysters. This activity wil need to
be authorised separately under a Fisheries Act 1994 General Fisheries Permit

 

"A Resource Allocation Authoniy issued under the Fisheries Act 1994 must be held before any
works take place within the Noosa River declared Fish Habitat Area.

 

 

 

“The development permit has allowed for exblty in signage wording and format, for example,
to-accommodate other agencies navigation or safety management requirements or
recommendations.

[Nonetheless any wording an the signage must not be inconsistent with the relevant legislative
‘and management requirements under the Fisheries Act 1994. The Department of Agrcuture
‘and Fisheries welcomes discussion on draft wording proposed for signage before instalation —
contact should be made through planningassessment@dat a. gov.au

 

 

‘Ste Asessmentae Refer Agen Page 2013

 


[Attachment: image14.png (image text)]
 

Attachment 3—Reasons for referral agency response
‘Gen under secon S67 ofthe Panning Ac 2016)

‘The reasons for SARA's decision are:

‘+The application is for operational work for prescribed tial works for habitat restoration within the
Noosa River.

‘+ There are four restoration sites that form pat ofthis proposal, which are located at Tewantin, Goat
Island, Noosa Sound East and Noosa Sound West

‘+The works atthe four restoration sts are located inthe Noosa River navigation cartior and in a
coastal management district.

‘+ The proposed works forthe Tewantin and Goat Ista restoration sts are within the Noosa River
<deciared fish habitat area (FHA) - management A area. Part ofthe Tewantin restoration site and all of
the Goat Isiand restoration site occurs within the declared FHA and these areas are 1,667? and
{837m in size respectively witha total proposed restoration area of 2504m=
“The works will result in temporary removal, destruction or damage o 479m of marine plants.
“The proposed prescribed tidal works will not impede on the safe navigation of vessels inthe Noosa
River and signage wil be provided to ensure safe navigation within proximity tothe restoration sts.

‘+ The proposed operational work complies with State code 7: Mariime safety, State code 8: Coastal
evelopment 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 26, subject to conditions:

(© to-ensure the development is carried out generally in accordance withthe plans of
evelopment submited with the application.

(© to ensure that at al imes, al ights on or above the development site do not interfere with
safe navigation in surrounding waterways.

(0 to-ensure the development avoids or minimises adverse impacts on coastal resources and
ther values.

(© toensure landowners are aware they must take responsibilty for their damaged property as
they can impact on coastal resources and publ safety

© to llow for compliance in relation to what is considered generally n accordance with the
approved plans when preliminary plans are submitted with the application. Development
Inconsistent withthe approval may have an impact on coastal management that was not
‘considered in assessment.

(© toensure any disturbance fo acid sulfate sais is managed to prevent impacts to coastal
‘environments

(0 to-ensure the development is carried out inthe location and to the extent spectid on the

‘Ste Asessmentae Refer Agen Page watts


[Attachment: image15.png (image text)]
 

(© toensure the development does not increase the risk of mortality, disease or injury, oF
‘compromise the health and productivity in sh.

(© toensure the fish way remains operational and a feasible and reliable solution providing
_adequale fish passage for as long as the waterway barter isn postion.

(© toensure the waterway barrier exists only fora temporary period and cause minimal and
‘acceptable disruption to fish movement in the area

[Material used in the assessment ofthe application:
‘The development application material and submitted plans

Planning Act 2016

Pranning Regulation 2017

‘The State Development Assessment Provisions (version 26), as published by the department

‘The Development Assessment ules

‘SARA DA Mapping system

‘Human Rights Act 2019

‘Ste Asessmentae Refer Agen Page rat13

 

 


[Attachment: image18.png (image text)]
 

  

   

 

 

 

 

    

 

 

 

 

2202-27255 SRA

 

 

Apri 2022.

 

 

 

Restoration Zones

International
BF Coase
Maragement

Oper Renan

 

1 - Main Channel

 

 

 

2- Noosa Sound

 

 

3 - Weyba Creek s

 

 

4 Lake Weyba =

 

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5-Lake Doonella 0 400800

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image19.png (image text)]
 

   

CONCEPT LAYOUTS
LAYOUT 1 LAYOUT 2 LAYOUT3

 
  
   
  
   
   
    
    
      

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PLANS AND DOCUMENTS

 

™
VER Sie VER soe VER SE PLANS AND DOCUMENTS, ain
AGENCY RESPONSE co

Lavours SARA ret aT ONA

Layour 1 LayouT 2 Date: Taste

 

 

 

sentence ——————

 

 

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ee) NOOSA COUNCIL


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2200-27255 SRA

Apri 2022,

SITE LOCATION}

ce

 

 

pana

emer

REEF PATCHES LAYOUT

 

 

 

 

 

Restoration Footprint
amie 14m

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[2 fe Trae
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isto eeN A

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REEF PATCHES LAYOUT.

Ja) Only signs for safety or education purposes
[associated with the restoration works are permitted
land if installed must be maintained.

Bi) Any wording included on the signs must be

(c) The authority holder or their 2
responsibie for any enauities directed by the sign

 

PLANS AND DOCUMENTS
referred ton he REFERRAL
AGENCY RESPONSE

SARA ret A
Date oe

 


[Attachment: image22.png (image text)]
 

PLANS AND DOCUMENTS
referred to in the REFERRAL
AGENCY RESPONSE

SARA ref: 220;
Date:

rete

 


[Attachment: image23.png (image text)]
 

PLANS AND DOCUMENTS
referred to in the REFERRAL
AGENCY RESPONSE

SARA ref:

a IN IVA
Sma (Se

 


[Attachment: image5.png (image text)]
 

 

Queensland
Soverment

‘SARA reference: 2202-27255SRA
CCounctreference: OPW22I0029,
‘Aepicantreference: Noosa Oyter Project

7 Ape 2022

Chief Executive Officer
‘Noosa Shire Counc
POBox 141

Tewantin Old 4565,
mail@noosa aid.gov.2u

‘Altention: Mark Lewis

Dear Me 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

(Reforal gery response given ur secon 8 fhe Planing At 216)

‘The development application described below was confirmed as properly refered by he State
‘Assessment and Referral Agency (SARA) on 10 February 2022.

 

Response

Outcome: eferl agency response wih coniions

Date of response: 7 Apri 2022

Condon ‘The conditions in Attachment 1 must be attached to any

development approval

Avice: Advice tothe applicants in Attachment 2.

Reasons: ‘The reasons forthe referral agency response aren Attachment 2.

Description Development permit Operational wok or preserved al works
(Gabial restoration enhancement in the
‘Noosa River)

‘Suh Eat meant eb et

ite Ane Surg, Level 3 12 Fat
‘Rrsue Marcos
Page 1013 (Bota Hae Marschydae OLD 4558


[Attachment: image6.png (image text)]
SARA ole
SARA tigger:

‘SARA reference:
‘Assesment Manager:
‘Street address:

Real property description:

‘Applicant name:
‘Applicant contact details:

Representations

 

Reteral agency
‘Schedule 10, Pat 17, Division 3, Table 1 (Planning Regulation 2017)

“Tidal works ina coastal management district
‘Schedule 10, Pat 17, Division 3, Table 2 (Planning Regulation 2017)
“Tidal works ina coastal management district

‘Schedule 10, Part 6, Dison 2, Subdivision 3, Table 1 (Planning
Regulation 2017)

Works in a declared fish habitat area

‘Schedule 10, Pat 6, Division 3, Subdivision 3, Table 1 (Planning
Regulation 2017)

eemoval, estruction or damage of marine plants

12202-27255 SRA,
Noosa Shire Counc!

18 Serenity Close and 1,3, 11, 1.and 15 Natasha Avenue Noosa
Heads, Goat Island, Noosa Noth Shore and 9 Pecan Steet,
‘Tewantn,

{604SP 188270; 35MCH4795; S26CPE55842: 1RPODBO4: 1RPOTASS;
‘sR 106422; 5SP2347 18, 7RP 107007. OSP103385, OBUP13469,
‘oBUP8432; OBUP2048; 2RP 106422
“The Nature Conservancy Lid

PO Box 206

‘Main Beach QLD 4217

[email protected]

‘Rirappicant may make representation to a concurtence agency, St any ime betore the applications
cided, about changing a materi the referal agency response (s.30 Development Assessment Rules)
(Copies of he relevant provisions are in Attachment 4

‘copy ofthis response has been sent to the applicant for hele information.

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
‘email SEONorthSARAG@<sciigp qld. gov.au who wil be pleased to assist.

Yours sincerely

‘Ste Asessmentae Refer Agen Page 2013,


[Attachment: image8.png (image text)]
 

Attachment 1—Referral agency conditions

{Under sector S6CHDAT of tie Paring Act 2076 re lowing Sondnons TST BE BTSCNEG Bry GEVSOBTIEA
‘pprve lating this application) (Copies ofthe plans and speccatons referenced below are found at
‘Atachment 5).

 

Wo. | Conditions: Condition timing
‘Operational work for prescribed tidal works (habitat restoration)

10.17.32. 1—The chief executive administering the Planning Act 2016 nominates the Drecior-General
‘ofthe Department of Transport and Main Roads (Martime Safely Queensland) tobe the enforcement
‘authonty forthe development to which this development approval relates forthe administration and
enforcement of any matter relating tothe folowing conditions:

1. _] The development must be carried out generally in accordance with] Atall tines
the folowing plans:

(2) General Notes and Site Selecton prepared by international
‘Coastal Management dated 09/07/2021, Drawing Number
'NROR-2021-00 Revision A.

(©) Module Designs prepared by international Coastal
‘Management dated 0307/2021, Drawing Number NROR-
2021-02 Revision A.

{) Phase 1 Goat Island Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR.202'-03 Revision A as amended in
‘ed by SARA dated 07/04/2022.

() Phase 1 Tewantn Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR.202'-04 Revision A as amended in
‘ed by SARA dated 0710472022.

{e) Phase 1 Noosa Sound West Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR-202'-05 Revision A.

() Phase 1 ~ Noosa Sound East Restoration Ste prepared by
International Coastal Management dated 0910772021,
Drawing Number NROR-202'-06 Revision A.

2 _| The development must be cared out generally in accordance with | For the duration of

 

 

 

 

 

3. [Allvessels, structures, plant and equipment associated wih the | While the works are
Construction of te approved works must be lmarked in accordance | eccuring

 

 

 

10.17.32. 1— The chief executive administering the Planning Act 2076 nominates the Director General
‘ofthe Department of Environment and Science to be the enforcement authority forthe development to
“which this development approval relates fr the administration and enforcement of any mater relating

to he folowing conditions:

 

 

 

‘Ste Asessmentae Refer Agen Page sot13

 


[Attachment: image9.png (image text)]
 

 

“The construction ofthe oyster reefs must be undertaken generally in|

‘accordance with the folowing plans:

‘© General Notes and Site Selecton prepared by international

‘Coastal Management dated 09/07/2021, Drawing Number
'NROR-2021-00 Revision A.

‘+ Module Designs prepared by international Coastal
‘Management dated 0907/2021, Drawing Number NROR-
2021-02 Revision A.

‘+ Phase 1 Goat Island Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR-2021-03 Revision A.

‘+ Phase 1 Tewantin Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR-202'-04 Revision A.

‘+ Phase 1 - Noosa Sound West Restoration Site prepared by

Intemational Coastal Management dated 0910772021,
‘Drawing Number NROR-2021-05 Revision A.

‘+ Phase 1 - Noosa Sound East Restoration Site prepared by
Intemational Coastal Management dated 0910772021,
Drawing Number NROR-2021-06 Revision A.

For the duration ofthe

 

‘Forte proposed works, only use Gean materials and ensure hat
the works do not cause contamination.

 

“Erosion and sediment control measures which are n accordance
With Best Practice Erosion and Sediment Control (BPESC)
{uidelines for Australia (Intemational Erosion Control Association),

{are tobe installed and maintained to prevent the release of sediment

tortial waters.

 

‘Should the oyster ref structures collapse, fal or otherwise suffer
Structural consequences which impact their integrity or abilty to
function a intended, the works must be:

‘2. reinstated in accordance with this development approval of

'b__removed and disposed of at an appropriately licensed facilly.

 

‘Submil"As Constructed drawings to palm@des qld gov.au or malt

‘Within two (2) weeks of

 

 

 

te the completion ofthe
Department of Environment and Science works.
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Old 4001

(@) _ Inthe event thatthe works cause disturbance or oxdisation af | (a) Upon
acid sulfate sol the affected soi must be treated and ‘istubance oF
‘hereafter managed (unl the affected soll has been ‘oxdiation un
‘neutralised or contained) in accordance with the current the affected soi
‘Queensland Acid Sulfate Sol Technical Manual: Sol ‘nas been
‘management guidelines, prepared by the Department of ‘neutralised or
‘Science, Information Technology, novation and the Ars, contained

2014.

(©) Certication by an appropriately qualified person,
confirming that the affected sol has been neutralised o¢

 

(©) Atthe tine the
‘ols have been
neutralised or

 

 

 

‘Stale Assessment ad Relenal Agency

Page S013