Supporting Documents 47 Wyuna Dve Noosaville · OPW17/0015

Page 2

Notice
Decision — owner’s consent

 

 

Owner's consent can be used to support a development
application until 3 January 2018. Should the development
application not be lodged with the assessment manager prior to
this date, you will be required to lodge a further request for
owner's consent.

THIS DECISION IS CURRENT FOR 12
MONTHS

 

 

 

Although owner’s consent to the development application has been provided and no tenure under the Land Act
1994 is required, works can only commence when the development application has been approved by the
assessment manager, and in accordance with the conditions of that approval.

The provision of owner's consent over State land means that the State has no objection to the lodgement of the
application for a development approval. It does not:

e imply approval of the development application; or
e authorise a right to use and occupy land.

The State may act at a later date as assessment manager, concurrence/referral agency, or technical agency in
the assessment of the development application — providing owner's consent will not influence any statutory role
the State may have in this assessment.

If the development application involves a State resource in addition to State land, then the allocation or
entitlement to use the State resource is a separate process and should be obtained prior to development
commencing.

You will also need to comply with all other legislative and regulatory requirements which may include approvals
that are not part of the assessment of the development application under the Sustainable Planning Act 2009
(SPA) e.g. a marine park permit if in a marine park.

A copy of this notice is to be attached to your IDAS Form 1 as the required evidence of owner's consent.
If you require more information please contact Anna Simonutti on the telephone number listed below.

Yours sincerely

 

 

 

 

Signature
Delegate Enquiries:
Dean Raihman Anna Simonutti
Manager Environmental Support Officer
Department of Environment and Heritage Industry Sector Regulation and Support
Protection Department of Environment and Heritage
3/1/17 Protection

P 07 3330 5737
Level 8, 400 George Street, Brisbane. Q 4000
GPO Box 2454 Brisbane Q 4001

 

‘Page 2 of 2 * 141204 * EM500 « Version 4 Department of Environment and Heritage Protection

Page 3

SARA reference: SPL-1116-035358
Date: 20 December 2016

Melissa Dyer

Aqua Pontoons Pty Ltd

12 Fernleigh Court
CURRUMBIN QLD 4223
[email protected]

Dear Melissa Dyer

 

Queensland
Government

Department of Infrastructure,
Local Government and Planning

Concurrence agency response before application is made—with conditions
47 Wyuna Drive, Noosaville (Lot 23 N10575)
(Related to section 271 and given under section 285 of the Sustainable Planning Act 2009)

Reference is made to your correspondence dated 28 November 2016 requesting the
Department of Infrastructure, Local Government and Planning provide a referral agency
response for the proposed development before the development application is made to the

assessment manager.

Applicant details

 

Applicant name:

Applicant contact details:

Site details

Aqua Pontoons Pty Ltd

Melissa Dyer

12 Fernleigh Court
CURRUMBIN QLD 4223
[email protected]

 

Street address:
Real property description:
Site area:

Local government area:

Application details

47 Wyuna Drive, Noosaville
23 N10575
612m?

Noosa Shire Council

 

Proposed development:

Page 1

Development Permit for Operational Work - Tidal works
(Pontoon System)

SEQ North Region

Level 8, Mike Ahern Building

12 First Avenue

PO Box 1129 Maroochydore QLD 4558

Page 4

SPL-1116-035358

Aspects of development and type of approval being sought

 

Development type: Operational work

Approval type: Development permit

Referral triggers

 

The development application would be referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:

Referral trigger: Schedule 7, Table 2, Item 13 — Tidal works (Coastal protection)

Schedule 7, Table 2, Item 15 — Tidal works (Maritime safety)
(Fast track)

Documents supplied to support request

 

 

 

 

 

 

 

 

Plan / Report title Author Reference no. Version and date
Site Plan, Pontoon Plan & Aqua Pontoons AP3150-01 Revision A, dated
General Notes 13/12/2016
Conditions

 

Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions

Under section 289(1) of the Sustainable Planning Act 2009, the department is required to
set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Pursuant to section 272(3) of the Sustainable Planning Act 2009, you will not be required to
refer your application to the department if you submit this response in its entirety when
making the application to the assessment manager, and the following conditions are
satisfied:

e Any changes to the proposal before the application is made to the assessment manager
do not result in a substantially different development to that which was presented to the
department with the request for a referral agency response

e The development application must be made to the assessment manager within 12
months of the date of this referral agency response.

If you require any further information, please contact Tom Kasauskas, Senior Planning
Officer, on 5352 9717 or via email [email protected] who will be pleased

to assist.

Yours sincerely

Department of Infrastructure, Local Government and Planning Page 2

Page 5

SPL-1116-035358

 

Garth Nolan
Manager (Planning)

enc: Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions

Attachment 3—Approved plans and specifications

Department of Infrastructure, Local Government and Planning Page 3

Page 6

SPL-1116-035358

SARA reference: SPL-1116-035358

Attachment 1—Conditions to be imposed

 

 

No. Conditions Condition timing

 

 

Operational work

 

7.2.13 — Tidal works - Pursuant to section 255D of the Sustainable Planning Act 2009, the chief
executive administering the Act nominates the Director-General of the Department of Environment
and Heritage Protection to be the assessing 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. All works are to be constructed and maintained in a safe condition | at all times
in accordance with the following plan:

e Site Plan, Pontoon Plan & General Notes, prepared by
Aqua Pontoons, dated 13/12/2016, reference AP3150-
01, revision A.

 

2. The works to which this approval relates are to be for a private At all times
purpose only.

 

3. Any operator and contractor involved in the works to which this During construction
approval relates must:

(a) be provided a copy of the these referral agency conditions;

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

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

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

 

 

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

 

5. Should the works become damaged as a result of erosion, At all times
flooding or storm tide inundation, the registered landowner(s) of
the subject land shall be responsible for the removal of all debris
at their own expense.

 

 

7.2.15 Tidal works - Pursuant to section 255D of the Sustainable Planning Act 2009, the chief
executive administering the Act nominates the Director-General of the Department of Transport and
Main Roads to be the assessing authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following condition(s):

 

6. The development must be carried out generally in accordance At all times
with the following plan:
e Site Plan, Pontoon Plan & General Notes, prepared by
Aqua Pontoons, dated 13/12/2016, reference AP3150-
01, revision A.

 

 

 

 

Department of Infrastructure, Local Government and Planning Page 4

Page 7

SPL-1116-035358

 

No.

Conditions

Condition timing

 

The structure must be lit/marked in accordance with the following
specifications, such that it does not cause a risk to the safe
navigation of other ships:
e section 3 of AS4282-1997 Control of the obtrusive
effects of outdoor lighting

At all times

 

The construction, operation or maintenance of the structure, and
any ship berthed, moored or attached to the structure, must not:

© encroach into, pass over or under a navigation corridor;
or

e be located in a high risk maritime zone

At all times

 

Any debris or similar obstruction generated whilst undertaking the
work must be removed from the waterway and suitably disposed
of at the applicant's expense.

While works are
occurring

 

 

10.

 

All piles and/or structures to be demolished, both above and
below the waterline must be completely extracted/removed.

 

Prior to the
completion of the
works

 

Department of Infrastructure, Local Government and Planning

Page 5

 

Page 8

SPL-1116-035358

SARA reference: SPL-1116-035358

Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:

e Development works must comply with the approved plans to avoid unacceptable
impact on coastal values and physical coastal processes. RPEQ signoff indicates the
development is appropriately designed and is structurally sound.

e Ensures that the coastal resource (State land) is appropriately administered under the
Coastal Protection and Management Act 1995 and the Land Act 1994

e Ensures impacts on coastal values (water quality) are avoided or minimised.

e Ensures importation of materials does not result in adverse impacts on coastal values.
Chemical and other contaminants have the potential to have an unacceptable impact
on coastal values.

e Damaged structures can impact on coastal resources and public safety

e Toensure the development is carried out generally in accordance with the plans of
development submitted with the application

e Toensure that at all times, all lights on or above the development site do not interfere
with safe navigation in surrounding waterways.

e Toensure the development does not encroach on the navigation corridor to ensure the
safe passage of vessels.

e Toensure that debris from the development does not create a hazard to navigation.
e Toensure that there is no residual material that could create a hazard to navigation.

Findings on material questions of fact
° The combined extent of the proposed pontoon and the maximum beam of any moored
vessel does not encroach into the navigation corridor in this location.

e The proposed structure is situated more than 1.5 metres from the side boundaries of the
water allocation.

Evidence or other material on which the findings were based

e Development application

e State Development Assessment Provisions published by the Department of
Infrastructure, Local Government and Planning

e Sustainable Planning Act 2009

e Sustainable Planning Regulation 2009

Department of Infrastructure, Local Government and Planning Page 6

Page 9

SPL-1116-035358

SARA reference: SPL-1116-035358

Attachment 3—Approved plans and specifications

 

  

 

 

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Page 7

Department of Infrastructure, Local Government and Planning

Page 10

CURRENT TITLE SEARCH

DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND

Request No: 24700352

Search Date: 16/11/2016 00:27
REGISTERED OWNER

Dealing No: 717407261 26/07/2016
JACQUELINE MELANIE MARR

ESTATE AND LAND

Estate in Fee Simple

LOT 23 CROWN PLAN N10575
Local Government: NOOSA

EASEMENTS, ENCUMBRANCES AND INTERESTS

Title Reference:
Date Created:

1. Rights and interests reserved to the Crown by

Deed of Grant No. 15962107 (ALLOT 23 SEC 1)

ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL

CERTIFICATE OF TITLE ISSUED - No

** End of Current Title Search **

15962107
02/04/1980

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2016

Requested By: D-ENQ CITEC CONFIRM

Page 1/1

Page 11

 

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Page 13

TO WHOM IT MAY CONCERN

AUTHORITY TO LODGE MARINE BERTHING
APPLICATIONS

As the registered owner/s of the property described below, I/we hereby authorise
Aqua Pontoons Pty Ltd to lodge any applications associated with the required
approvals for a marine structure adjacent to the specified land and to make any
required enquiries in regard to such applications on my/our behalf.

Address of Property:
seqicig nea tonieus 47 Wyuna Drive, Noosaville, QLD, 4566................... cee
Lot Number: ...... Beak cimues Plan Number: ......... NST Se eeeilacarees

Registered Owners:

NAME IN FULL SIGNATURE DATE

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Authority to Act ~ (Private) 2012