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SUPERSEDED Decision Notice - Other Change - Council Meeting Decision 132005 638 03 [As Published]
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: 132005.638.03
Your Reference: n/a
22 February 2024
Noosa Shire Council
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 15 February 2024, Council decided to approve
the application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132005.638.03
Street address: Eumundi Land Fill 561 Eumundi Noosa Road, Doonan
Real property description: Lot 77 SP 298776
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 24 November 2005.
• Material Change of Use – Expansion of Special Purpose (Waste Disposal & Recycling
Facility) & Ongoing Clearing Purposes.
In relation to the request to make an Other Change to the existing approval, Council on 15
February 2024, decided to approve the requested changes. The changes are detailed
below.
A. Approve the Change; and
B. Include additional conditions 14 - 45.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
Land Use
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plan is titled Proposed Future
Development of Noosaville Landfill stamped and dated 24 November 2005 and as may
be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
4. Cleared vegetation is to be suitably processed by one of the following methods and
removed from the site:-
4.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
high with a minimum of 10 metres between edges of heaps.
4.2. Disposal for firewood.
4.3. Disposal for landscaping purposes.
4.4. Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used for
this purpose.
4.5. The Applicant is advised that burning off is an unacceptable method of disposal.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. A Bushfire Management Plan is required to be prepared by a suitably qualified expert
detailing any measures that are required to be undertaken on the subject site to ensure
the risk of bushfire hazard is minimised and managed. The plan shall be to the
reasonable satisfaction of the Queensland Fire and Rescue Service.
7. The proposed extensions to the Waste disposal and recycling facility shall incorporate
requirements for the management of acid sulfate soils in accordance with State Planning
Policy 2/02 - Planning and Managing Development Involving Acid Sulfate Soils.
8. A Koala Management Plan is required to be prepared by a suitably qualified expert
detailing any proposed relocation of koalas and rehabilitation of other areas of the site
with suitable koala food trees, if appropriate.
9. The Development Permit for a material change of use of premises lapses if the use has
not happened by 24 November 2009 unless an application to extend the currency is
approved by Council.
Land Development
10. Any person acting on this permit shall prevent erosion and sediment export from leaving
the site. Site control measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, will be necessary.
11. Prior to undertaking any excavation, the person acting on this permit shall contact public
utility service providers to ascertain the location of their underground services
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12. The person acting on this permit shall apply and obtain all other necessary permits
including crane, road opening, hoarding, footpath occupation and/or any other approvals
required under any other Act or By-Law.
13. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particulate matter escapes onto a public road. All vehicles carrying
materials either to or from the site shall be covered to prevent materials including dust
being windblown from the vehicle.
Additional conditions 15 February 2024
14. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
15. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the commencement of any works commencing on the site.
Plan No. Rev. Plan/Document Name Date
501042 CO2 A Proposed site layout plan prepared by 7/12/2023
Noosa Council
501042 CO2 A Proposed offset planting plan prepared 7/12/2023
by Noosa Council
JOO352R1V2 - Noosa Landfill RRA flood Assessment 6/04/2022
prepared by Hydrology and Water
Management Consulting
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
<R2015 B Noosa Landfill – Stormwater 7/12/2023
Management Plan prepared by Topo
▪ Update the report to reflect the current masterplan for the
Amendments
site and the specific changes for the site encompassed by
the application
▪ Specify the final HES basin detail from the range of options
presented in the report, including consideration of whether
a Type-B HES basin may present a lower-risk option
compared to the flap-gated arrangement proposed to
prevent back-flows into the Type-A arrangement as
currently proposed
▪ Include all details for the sizing and proposed levels of the
HES basin within the body of the report, based on recent
detailed survey at the point of discharge and downstream;
and
▪ Include construction-phase erosion and sediment control
plans which document how the transition from the current
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HES basin location to the ultimate location (including filling
for the RRA pad) will be achieved
*(Refer to Advisory Note)
Nature and Extent of Approved Use
16. This development permit authorises a Utility Installation (Waste disposal and recycling
facility) to be established on the site. The subject use is limited to waste management
and ancillary activities associated with the primary use occurring on the site.
17. The landfill waste management activities must not extend outside the designated use
areas as shown on the approved plans. Signage is to be placed along the northern,
eastern, and southern boundaries of the approved use areas to assist in delineating the
edge of the approved use areas and surrounding bushland.
18. This approval does not approve any new building or structures within the resource
recovery area except for any fencing or signage permitted as part of this approval.
Public safety
19. Public signage must be erected along all internal roads to assist the public navigate
through the site, in particular the resource recovery area.
ECOLOGY AND ENVIRONMENT
20. A detailed Offset Delivery Plan (ODP) must be developed in accordance with the
Environmental Offsets Act 2014. The development must offset a minimum 500 non
juvenile koala habitat trees (the impact) at the ratio of 6:1 to satisfy the State Government
Supported Infrastructure Koala Policy 2017.The ODP shall include details such as
species composition, planting density, planting methodology, annual reporting and
include a minimum 5-year maintenance for the proposed 1.8ha Offset area.
21. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Offset
Delivery Plan prior to the commencement of the use of the additional area.
*(Refer to Advisory Note)
22. Construct a minimum 1.8m temporary fence around the operational areas of the landfill
to prevent rubbish from leaving the landfill area and depositing in the adjoining bushland.
23. A Weed Management Plan must be prepared which addresses weed management
along the interface of the proposed earthworks footprint with bushland areas, including
but not limited to a minimum 5m grassed buffer area between the proposed resource
recovery and the adjoining vegetation to the north. Control of all weed species listed in
the following standards and legislation must be undertaken:
a. Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
Regulation 2016)
b. Council’s Biosecurity Plan 2020 pest plants listed in schedule 1 part 3, schedule 2,
and nonscheduled invasive species.
24. The requirements and recommendations of the approved weed management plan must
be implemented. Certification must be submitted to Council from a qualified person*
which certifies that the subject works have been undertaken in accordance with the
approved Weed Management Plan.
*(Refer to Advisory Note)
25. A Sediment and Erosion Control Plan must be prepared by a suitably qualified person*.
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26. The sites supervising engineer must ensure that the sediment and erosion control
measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with
"best practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in
the projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
27. The erosion and sediment control measures must be designed, installed, and
maintained in accordance with the current best practice standards.
28. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the Sediment and Erosion
Control Plan.
*(Refer to Advisory Note)
29. A Vegetation Removal & Fauna Management Plan must be prepared by a suitably
qualified person to mitigate the risk of clearing impacts to all native fauna and adjoining
vegetation. The sequential clearing requirements specified under the Nature
Conservation (Koala) Conservation Plan 2017 are to be adopted in the Plan.
30. A suitably qualified person must be engaged to manage flora and fauna prior and during
clearing to ensure works are carried out in accordance with the Vegetation Removal and
Fauna Management Plan (required as part of this approval) and the Nature
Conservation Act 1992.
31. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Vegetation
Removal & Fauna Management Plan.
*(Refer to Advisory Note)
32. An Arborist Assessment must be completed by a suitably qualified and experienced
Level 5 consulting arborist of the trees likely to be impacted along the edge of the
earthworks footprint and any recommendations made are adopted. Disturbance to
retained remnant vegetation and tree root protection zones of large, retained habitat
trees (trees with dbh >300mm) that occur next to the clearing area is to be avoided as
far as practicable.
33. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Arborist
assessment.
*(Refer to Advisory Note)
Bushfire management
34. A bushfire hazard assessment must be prepared in accordance with the SPP 2019
Guidelines: Natural hazards Risk and Resilience Bushfire 2019 and the QFES Bushfire
Resilience Community 2019 for the development.
35. The development must be carried out in accordance with the requirements and
recommendations of the Bushfire Management Plan. Certification must be submitted to
Council from a qualified person* which certifies that the subject works have been
undertaken in accordance with the approved Bushfire Management Plan.
*(Refer to Advisory Note)
36. A copy of the Bushfire Management Plan must be provided to the nearest fire authority
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and always maintained at the waste management facility site office.
37. Certification must be submitted to Council from a qualified person* which certifies that
the development has been undertaken and constructed in accordance with the bushfire
management conditions of this Decision Notice.
*(Refer to Advisory Note)
38. A review and certification of the Bushfire Management Plan is required every 5 years to
ensure its currency and must be submitted to Council from a qualified person*.
*(Refer to Advisory Note)
Environmental covenant
39. A vegetation protection covenant must be registered against the title/s of the property
over the area identified as the 1.8ha Proposed Offset Planting Area as shown on the
Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee reference Queensland Land Title Registry
Standard Terms Document No. 715597513.
40. The vegetation protection covenant document must be registered with the titles office
before clearing commences.
ENGINEERING
Earthworks and Retaining Walls
41. All fill and associated batters must be contained entirely within the approved use area
and must be designed and certified by a suitably qualified person.
Acid Sulfate Soils
42. An Acid Sulfate Soils Investigation Report must be prepared to mitigate the risk of acid
sulfate soils on the adjacent bushland /wetland areas.
All requirements and recommendations of the Acid Sulfate Soils Investigation Report
must be certified by a suitably qualified person*.
*(Refer to Advisory Note)
STORMWATER
43. Prior to commencement of works associated with the relocation of the HES basin,
provide an updated SWMP, which is based generally on the Noosa Landfill – Stormwater
Management Plan (Topo, 7/2/2022) and which addresses the following:
a. Update the report to reflect the approved masterplan for the site and the specific
changes for the site encompassed by the application;
b. Specify the final HES basin detail from the range of options presented in the report,
including consideration of whether a Type-B HES basin may present a lower-risk
option compared to the flap-gated arrangement proposed to prevent back-flows
into the Type-A arrangement as currently proposed;
c. Include all details for the sizing and proposed levels of the HES basin within the
body of the report, based on recent detailed survey at the point of discharge and
downstream; and
d. Include construction-phase erosion and sediment control plans which document
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how the transition from the current HES basin location to the ultimate location
(including filling for the RRA pad) will be achieved.
44. All future building floor levels and waste management areas are to be provided with
surface levels which are a minimum of 300mm above the 1%AEP local flood level,
including allowance for climate change by year 2100.
45. Works are to be undertaken generally in accordance with the Noosa Landfill RRA Flood
Assessment (J00352R1V2) by Hydrology and Water Management Consulting, dated
6/4/2022. In conjunction with detailed design for the project, the design of the fill pad
and the Flood Assessment are to be updated to incorporate a system for flow
conveyance and distribution along the northern boundary of the fill pad which achieves
greater replication of existing flow patterns to the retained vegetation north of the works.
This is required in order to mitigate potential changes in wetness resulting from frequent
discharges or the risk of erosion during less frequent events.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence Department of Natural Clearing native The agency provided
Resources & Mines, PO vegetation its response on 1
Box 383, Gympie QLD November 2005
4570 (Reference No.
2005/10121697737).
A copy of the
response is attached
Concurrence Department of Main Material change of The agency provided
Roads, PO Box 183, use of premises near its response on 3 June
Gympie QLD 4570 a State transport 2005 (Reference No.
corridor 2005/638). A copy of
the response is
attached
Concurrence Department of State • Clearing native The agency provided
Development, vegetation its response on 15
Infrastructure, Local • State transport January 2024
Government and corridors and (Reference No. 2311-
Planning (SARA), future state 37804 SRA). A copy of
PO Box 1129, transport the response is
Maroochydore QLD corridors attached
4558
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
1. All clearing of vegetation is to be undertaken in accordance with the recommendations
of the Environmental Assessment Report Flora and Fauna study for the proposed
expansion of the Noosaville Waste Landfill which include the following protective
measures for Fauna
PROTECTIVE MEASURE SPECIES AFFECTED
Establish a protective buffer of at least 30m around Wallum froglet
shallow acidic water bodies
Maintain water quality and hydrological patterns Wallum froglet
within the habitat of the species
No prescribed burns in the winter months around Wallum froglet
water bodies
Protect the heath where-ever possible Ground parrot
Mosaic burns should be conducted to maintain the Ground parrot
integrity of the heath. Prescribed burns should not be
more frequent than every two to three years, but at
least every 15 years
Retain nectar and fruit-bearing trees Grey-headed flying-fox
Care should be taken to ensure that no animals are Echidna
killed during clearing for the new waste disposal site
Hollow-using species
Retain hollow-bearing trees where possible Hollow-using species
Qualified Person
2. For the purpose of preparing an Acid Sulfate Soils Management Plan, a qualified person
is considered to be a person who:
a. Is a Registered Professional Engineer of Queensland (RPEQ); or
b. Environmental/Soil Scientist with current professional membership status at a
relevant organisation (e.g. ASSSI, AIG; EIANZ; GSA); and
c. Has a minimum of 5 years of professional experience in the field of Acid Sulfate
Soils.
3. For the purpose of preparing and certifying in accordance with an offset management
plan, a qualified person is considered to be an ecologist with a minimum of 3 years
current experience in vegetation offset management.
4. For the purpose of Preparing management plans, certification and managing plant pests,
a qualified person is considered to be:
a. an environmental consultant with a minimum of 3 years current experience
in the field of pest plant management.
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5. For the purpose of preparing a Fauna Management Plan, a qualified person is
considered to be an ecologist with a minimum of 3 years current experience in the field
of fauna assessment and management and with a current certification under the
Queensland Parks and Wildlife Services.
6. For the purpose of preparing an Arborist Report, a qualified person is considered to be
a person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current
experience in the field of arboriculture.
7. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered
to be an ecologist with a minimum of 3 years current experience in the field of bushfire
assessment and management.
Advertising Devices
8. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All
freestanding, pylon or pole signs or signage that is illuminated requires approval from
Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
Local Law No. 1 is prohibited from being erected in the Shire.
Resubmission of Amended Plans Required
9. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plans to Council’s Development
Assessment Branch with the Reference No. 132005.638.03.
Nature Conservation Act
10. It is the responsibility of the applicant to ensure compliance with the Nature Conservation
Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature
Conservation Wildlife Management Regulation 2006. Exemptions are listed in Division
5 of the same Act. Further information can be obtained at this website
https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/ or by
calling the Department of Environment and Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species
Management Plan prior to any activities that tamper with any place that is being used by
a native animal for breeding activities. This is regulated by Section 332 of the Nature
Conservation Wildlife Management Regulation 2006. Further information regarding this
matter can be obtained at this website https://www.ehp.qld.gov.au/licences-
permits/plants-animals/species-management-program/ or by calling the relevant State
Department.
Infrastructure Charges
11. 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
8. PROPERTY NOTES
Not applicable.
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9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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
Manager - Development and Regulation
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. Unitywater
SARA
DECISION NOTICE HISTORY
• Original Decision Notice – 24 November 2005.
• Generally in Accordance Letter – 132005.638.01 – 29 June 2021.
• Decision Notice – Other Change – 132005.638.02 – 30 August 2023, Withdrawn.
• Decision Notice – Other Change – 132005.638.03 – 15 February 2024, include additional conditions 14 - 45.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Referral Agency Response — Material Change of Use S$ 3.3 16 Integrated Planning Act 1997 1. Application information 11. 12. 1.3. 14, 15. 16. Applicant’s name: Noosa Shire Council Property description: 77 SP177938 - Noosa Shire Assessment Manager/Reference: Noosa Shire Council Date application was referred to Department: 26 April 2005 Departmental Reference. eLVAS Case No: 2005/101216, File Ref. No: GYP/000280, Trackjob No: IR0405NAM0004 Type/s of development sought by the application: QO Matenal Change of Use 2. Concurrence Agency response: The Chief Executive of the Department of Natural Resources and Mines directs that the following conditions must be imposed on any approval given by the Assessment Manager: 2.1 22 23 24 25 26 27 This permit does not authorise the clearing of any native vegetation that 1s on any land not contained withm the area identified as Permit A on the attached Referral Agency Response (Vegetation) Pian RARP2005/101216. Expansion of the area designated for Waste Disposal and Recycling Facility within Lot 77 on SP177938 is restricted to the area identified as Permit A on the attached Referral Agency Response (Vegetation) Plan RARP2005/101216. Prior to clearing for the establishment of additional landfill cells and waste management facilities, a storm-water management and sediment control plan that prevents storm-water, sediment and other possible contammants from encroaching into areas outside of the area of Permit A on RARP2005/101216, must be developed and inshtuted so as to be effective durmg the operational works stage of the site preparation and landfill construction The design and construction of new landfill cells must incorporate a leachate Management system that prevents the escape of water from the landfill cells into the surrounding environment The leachate management system must incorporate a groundwater monitoring system and response strategy that 1s capable of rapid identification of cell leakage and rectification measures. The design and construction of the expanded waste management facility must weorporate a storm-water control system that will prevent, m perpetuity, storm-water, sediment and other possible contammants from encroaching into surrounding areas of remnant vegetation. All works are to be undertaken im accordance with Environmental Protection Agency Guidehnes for Landfill siting, design, operation and rebabiltation, Waste Disposal — ERA 75. IDAS Referral Agency Response Document Set ID: 22816452 Version: 8, Version Date: 22/02/2024 Page 12 of 24
Page 13
2.8 All firebreaks necessary to protect infrastructure that is to be developed within the expanded waste management facility must be contained with the area of Permit A on RARP2005/101216. 2.9 Prior to the commencement of operational works that is the clearing of remnant vegetation within the area of Permit A on RARP2005/101216 a remnant vegetation restoration plan for properties described Table 1 must be developed m accordance with the NR&M Interim Policy for Vegetahon Management Offsets 3 October 2005 attached to this notice. The restoration plan must apply to a mmimum of 24 ha of land within the area of properties described 1n Table 1. The restoration plan must achieve as an outcome the establishment of a mimmum of 19ha of a remnant endangered regional ecosystem and the establishment of a minimum of Sha of a remnant not of concem regional ecosystem within 20 years of the date of this notice. Table 1. Property descriptions subject to remnant vegetation restoration plan - Noosa Shire. 4TRP170398 3RP138769 ARP149832 2RP 164019 2RP163499 4RP163496 3RP134347 100SP167229 1RP906937 6RP134347 2RP134347 3RP168290 2RP164019 4RP160978 2RP162747 1RP193959 3RP167264 2RP149832 1RP164020 9SP143416 2.10 Prior to the commencement of operational works that 1s the clearing of remnant vegetation within the area of Permit A on RARP2005/101216 the remnant vegetation restoration plan must be provided to and approved by the Chief Executrve NR&M as being consistent with the NR&M Interim Policy for Vegetation Management Offsets 3 October 2005 attached to this notece. 3. Reasons: A Statement of Reasons 1s attached at Schedule 1 4. Additional comments or information: Aboriginal Cultural Heritage Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Appheants will comply with the duty of care m relation to Aboriginal cultural heritage 1f they are acting m compliance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the Department’s website, or n accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and the Aborigmal Cultural Hentage Register, admimstered by the Cultural Heritage Coordination Unit, Department of Natural Resources and Mines Apphcation forms to undertake a free search of the Cultural Herttage Regyster and the Database may be obtaned by contacting the Cultural Heritage Coordination Unit on (07) 323 83838 or on the Department's website www.nrm.qid.gov au/cultural heritage. Natural Resources and Mines - Referral Agency Response Page 2 7 Document Set ID: 22816452 Page 13 of 24 Version: 8, Version Date: 22/02/2024
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Definitions Particular words and terms used in the above conditions are defined as follows: ‘Vegetation’ means vegetation as defined under the Vegetation Management Act 1999 ‘Remnant vegetation’ means remnant vegetation as defined under the Vegetation Management Act 1999. ‘Remnant endangered regional ecosystem,’ means remnant regional ecosystem as defined under the Vegetation Management Act 1999. ‘Remnant of concern regional ecosystem,’ means remnant regional ecosystem as defined under the Vegetation Management Act 1999 ‘Remnant not of concern regional ecosystem,’ means remnant regional ecosystem as defined under the Vegetation Management Act 1999 ‘Clear’ for vegetation means clear as defined under the Vegetation Management Act 1999 ‘ha’ means hectares. 5. Authorised Officer Signature: hee Peter Lazzarini Semor Vegetation Management officer South East Region 1 November 2005 Attachments: = Schedule 1 — Statement of Reasons = NR&M Interim Policy for Vegetation Management Offsets 3 October 2005 - Referral Agency Response (Vegetation) Plan RARP2005/101216 Natural Resources and Mines - Referral Agency Response Page 3 of 7 Document Set ID: 22816452 Page 14 of 24 Version: 8, Version Date: 22/02/2024
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Queensland Government SARA reference: 2311-37804 SRA Council reference: 132005.638.03 15 January 2024 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Mr Samuel Osakwe Dear Mr Osakwe SARA referral agency response—561 Eumundi Noosa Road, Doonan (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 17 November 2023. Response Outcome: Referral agency response — with conditions Date of response: 15 January 2024 Conditions: The conditions in Attachment 1 must be attached to any development approval Reasons: The reasons for the referral agency response are in Attachment 2 Development details Description: Development permit Material change of use for Expansion of Utility Installation - Noosa Landfill. SARA role: Referral agency SARA trigger: *® Schedule 10, Part 3, Division 4, Table 3, Item 1 (10.3.4.3.1) (Planning Regulation 2017) Native Vegetation Clearing ‘South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 5 PO Box 1123, jore QLD 4568 Document Set ID: 22816452 Page 15 of 24 Version: 8, Version Date: 22/02/2024
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2303-33878 SRA * Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) (Planning Regulation 2017) Material change of use on a premise that is within 25m of a State transport corridor and within 100m of a State-controlled road intersection SARA reference: 2311-37804 SRA Assessment manager: Noosa Shire Council Street address: 561 Eumundi Noosa Road, Doonan Real property description: Lot 77 on SP298776 Applicant name: Noosa Council C/- Adamson Town Planning Applicant contact details: 28 Eenie Creek Rd Noosaville QLD 4566 [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 3. A copy of this response has been sent to the applicant for their information. For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email [email protected] who will be pleased to assist. Yours sincerely or Garth Nolan Manager (Planning) cc Noosa Council, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Reasons for referral agency response Attachment 3 - Representations about a referral agency response provisions Attachment 4 - Documents referenced in conditions State Assessment and Referral Agency Page 2 of 5 Document Set ID: 22816452 Page 16 of 24 Version: 8, Version Date: 22/02/2024
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Attachment 1—Referral agency conditions 2303-33878 SRA (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 4) No. [ Conditions Condition timing Material change of use 10.3.4.3.1 — Clearing native vegetation - The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Resources 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 condition(s): 1. Clearing of vegetation must: (a) only occur within Area A (Part A') as shown on the attached: i. Vegetation Management Plan, prepared by Queensland Government, reference VMP 2311-37804 SRA, Sheet 1 of 1, version 1; and (b) not exceed 0.81 hectares. At all times 2. er into an agreed delivery arrangement to deliver an environmental a ore a ioe offset in accordance with the Environmental Offsets Act 2014 to Onthenuiiccct counterbalance the significant residual impacts on the matter of , state environmental significance being: cviies rental significance hectares of remnant vegetation intersecting with a wetland within the 9 following regional ecosystems: i. 0.64 hectares of Least Concern Regional Ecosystem 12.3.13, and ii, 0.17 hectares of Endangered Regional Ecosystem 12.5.3. State Assessment and Referral Agency Page 3 of 5 Document Set ID: 22816452 Version: 8, Version Date: 22/02/2024 Page 17 of 24
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2303-33878 SRA
Attachment 2—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
*® The proposal is for a development permit ‘other change’ to an existing development approval
(2005/638) for material change of use for use of the premise to expand the existing landfill operation
* The subject site is located within 25 metres of a state-controlled road and involves clearing of
approximately 0.81ha of mapped regulated vegetation category B, of which 0.64 ha is mapped as
wetland and 0.17 ha is within 100 m of the wetland.
* SARA assessed the development application against State code 1: Development in a
state-controlled road environment of the SDAP, version 3.0 and determined that without conditions,
the development achieves compliance with the performance outcomes of the State code.
* SARA assessed the development application against State code 16: Native vegetation clearing
of the SDAP, version 3.0 and determined that the development complies with the relevant
performance outcomes, subject to conditions to ensure:
o Vegetation clearing is limited to 0.81ha of mapped regulated vegetation category B
© Clearing of the mapped wetland and matters of state environmental significance (MSES) is
mitigated through the provision of an environmental offset in accordance with the
Environmental Offsets Act 2014
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
State Planning Policy mapping system {delete if not used]
section 58 of the Human Rights Act 2019
Attachment 3—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 4 of 5
Document Set ID: 22816452 Page 18 of 24
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2303-33878 SRA Attachment 4—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 5 of 5 Document Set ID: 22816452 Page 19 of 24 Version: 8, Version Date: 22/02/2024
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules? regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. A concurrence agency may change its referral agency response at any time before the application is decided if— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b)_ the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. ‘ Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30, and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. Page 1 of2 Document Set ID: 22816452 Page 20 of 24 Version: 8, Version Date: 22/02/2024
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. 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.? > An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. Page 2 of2 Document Set ID: 22816452 Page 21 of 24 Version: 8, Version Date: 22/02/2024
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PLANS AND DOCUMENTS es referred to in the REFERRAL | AGENCY RESPONSE ed | SARAret, gt 5R4 Date 4 Jerumry 2008 Notes: Derived Reterence Foints are provided to assist in the locaton of ares boundaries. Responsibility tor 7 locating these boundaries les solely with he TONGA pape cee Watercourse and drainage feature locations shown om the Vegemtion Management Pian are derived trom the ° 20 500 750 1000 mates \Vegetaton Management only and require ground truthing to identify the exact location of the watercourse or drainage feature. ‘The property boundaries shown on tis pian are APPROXIMATE ONLY. They are NOT an accurate Projection: GDA2020 MGA Zone 56 Datum: GDA2020 representation of the lege! boundaries. ‘This pian must be read In conjunction with conditions attached to 2311-37804 SRA LEGEND A. . "& Deived Reference Stet Points re re Vegetation Management Plan Fn cee He wait Plan of Area A (Part A’) in Lot 77 on Plan Onmersne 7D.) Wileraurse endive drirage feck er, SP298776 © The State of Queensiand, 2023 A VMP 2311-37804 SRA Note: Tris is 8 colour map and must be reproduce in colour N version: 1 | eLVAS Case ID: 2023003938 Sheet 1 of 1 VMGE-NA-2S37 Document Set ID: 22816452 Page 22 of 24 Version: 8, Version Date: 22/02/2024
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to – 1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and application; and
(b) The person- (e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and (f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and (g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the person who the registrar considers appropriate.
matter. (4) The service period is –
(2) An appellant may start an appeal within the appeal period. (a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is – Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business (b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter appeal is given to the person.
7, part 4, to register premises or to renew the registration of 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
See the P&E Court Act for the court’s power to extend the appeal (a) conduct engaged in for the purpose of making a decision; and
period. (b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(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 (e) a deemed refusal.
withdraw from the appeal. non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an matter-
infrastructure charges notice must not be about- (a) is final and conclusive; and
(a) the adopted charge itself; or (b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund- set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. on any ground.
230 Notice of appeal 232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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