2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA   11 MAY 2021




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PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                                           11 MAY 2021

                                                                                                        S | McCullough
                                                                                                       =|Robertson

                      6.15    However, building work does not include undertaking tidal works.”
                      6.16    The more persuasive view is that the jetty does constitute tidal works for the purposes of the
                              Coastal Protection and Management Act 1995 (Coastal Act), and therefore the PA. The Coastal
                              Act defines Tidal works as:

                                     ‘l      Tidal works means any of the following—
                                             a.  works in, on or above-
                                                 1. land under tidal water; or
                                                 fi, land that will or may be under tidal water because of development on or
                                                 near the land;

                                             c.  works designed to be exposed to tidal water because of shoreline
                                                 fluctuations;
                                             d.  works designed to prevent the erosion of land by the sea (whether or not
                                                 within the ebb and flow of the tide at spring tides);
                                             e.  works within the boundaries of a canal, whether above or below high-water
                                                 Mark,

                                     2       Tidal works includes—

                                             a.  the construction or demolition of a basin, boat ramp, breakwater, bridge,
                                                 dam, dock, dockyard, embankment, groyne, jetty, pipeline, pontoon,
                                                 powerline, seawall, slip, small craft facility, training wall or wharf; and
                                             8.  works in tidal water necessarily associated with the construction or
                                                 demolition mentioned in paragraph (a); and
                                             c.  the reclamation of land under tidal water....

                                             tidal water means—

                                             a.  the sea and any part of a harbour or watercourse ordinarily within the ebb
                                                 and flow of the tide at spring tides; or
                                             b.  the water downstream from a downstream limit as defined under the Water
                                                 Act 2000.
                      6.17    Relevant definitions in the Water Act 2000 are:
                                             downstream limit, of a watercourse, means—
                                             a.  /fa point is identified on the watercourse identification map as the
                                                 downstream limit of the watercourse—the point identified on the map; or

                      ? Planning Act 2016 (Qld), Schedule 2, definition of ‘budding work’(c)(ii).

                      60909286v2    |  Legal opinion — Australian Sunrise Citrus & Ors v Noosa Council - Appeal D209 of 2020 8

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