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Attachment 1A - SARA Prelodgement Minutes
PA5-L
SARA reference: 2112-26380 SPL
1 June 2022
Noosa Council
9 Pelican Street
TEWANTIN QLD 4565
[email protected]
Attention: Rachael Hannah
Dear Ms Hannah
SARA Pre-lodgement advice - 561 Eumundi Noosa Road,
Doonan
I refer to the pre-lodgement meeting held on 24 May 2022 in which you sought advice from the State
Assessment and Referral Agency (SARA) regarding the proposed development at the above address.
This notice provides advice on aspects of the proposal that are of relevance to SARA.
SARA’s understanding of the project
Pre-lodgement advice is sought for a proposed change to a referral agency response (Resources ref.
2005/101216) for the material change of use (MVCU) approval for the Noosaville recycling and waste
facility.
The proposal involves seeking to expand the approved clearing area (Permit A on RARP 2005/101216)
resulting in clearing of an additional area of 0.98ha of vegetation (refer to Attachment 1).
The 0.98ha additional clearing is mapped as a category B area containing endangered and least concern
regional ecosystems (Regulated Vegetation Management Map version 5.07) and is also mapped
essential habitat and wetlands.
Supporting information
The advice in this letter is based on the following documentation that was submitted with the pre-
lodgement request or tabled at the pre-lodgement meeting.
Drawing/report title Prepared by Date
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 11 PO Box 1129, Maroochydore QLD 4558
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Impact Management Plan – Noosa Landfill Native Foresters 14 May 2021
Expansion – EVNT Species Breeding Places
Generally in accordance with letter Noosa Shire Council 29 June 2021
Form 6 Decision notice Noosa Shire Council 24 November 2005
Referral agency response (vegetation) plan Department of Natural 28 October 2005
Resources and Mines
Relevant purpose determination Department of Natural 12 May 2020
Resources, Mines and
Energy
Proposed Future Development of Noosaville M. Ainscough 12 December 2004
Landfill
Noosa Council Landfill Master Planning ATC Williams 9 March 2020
Roadmap – Master planning Layout Plan
SMP925 - Species Management Program – Department of Environment 23 September 2021
Noosa Council – Noosa landfill expansion and Science
works
Pre-lodgement meeting record
Meeting date 24 May 2022
Meeting location Via Microsoft Teams
Meeting chair Danika Cowie
Meeting attendees Refer to Attachment 2
Meeting minutes
The council outlined the purpose of the proposed clearing and work that has been undertaken to
date including obtaining a s22A determination from the Department of Resources (Resources).
SARA advised that previous pre-lodgement meetings and written advice has been provided in
2019 about the proposed expansion of the recovery facilities and the clearing of the regulated
vegetation required for this expansion.
SARA advised that the application is for an other change to the existing development approval as
outlined in the previous advice.
Resources advised that the s22A determination provided for the proposed clearing has expired
as of May 2022.
Resources outlined that there were still outstanding compliance with particular conditions relating
to offsets for the original material change of use (MCU). Resources and SARA confirmed that the
outstanding compliance of these condition would need to be finalised prior to an other change
application being lodged.
Resources advised that there is opportunity to resolve the compliance of the conditions by going
through a PMAV process with Resources for the category C vegetation on the site by having it
reclassified to Category B. Resources advised they will provide further written advice this
process.
SARA confirmed that the proposed clearing meets the exempted development definition (item
(d)) under Schedule 24 of the Planning Regulation 2017 for clearing for infrastructure under
Schedule 5.
SARA advised the council that if more advice is required on this proposal, SARA would be happy
to facilitate further pre-lodgement meetings.
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Pre-lodgement advice
The following advice outlines the aspects of the proposal that are of relevance to SARA.
SARA’s jurisdiction and fees
1. The application will require referral to SARA under the following provisions of the Planning
Regulation 2017 (Planning Regulation):
Schedule 10, Part 3, Division 4, Table 3 – Clearing native vegetation
This will require a fee of $6,859 to be paid in accordance with Schedule 10, Part 3, Division
4, Table 3, Item 8(b).
Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 – State transport corridor
This will require a fee of $2,570 to be paid in accordance with Schedule 10, Part 9, Division
4, Subdivision 2, Table 4, Item 8(b)(ii).
SARA would be a referral agency for the proposed application.
Key matters and action items
Clearing native vegetation
2. Under section 82 of the Planning Act 2016, an other than minor change application will be
required to seek approval for the additional clearing of the regulated vegetation identified.
The other than minor change application will be is assessed and decided in the context of
the development approval as if the change application were the original application, with the
changes included, but was made when the change was made. The change application will
therefore need to address and meet the requirements of the State Development Assessment
Provisions (SDAP) version 3.0, State code 16: Native vegetation clearing (State code 16)
The application must address Table 16.2 and Table 16.8 of State code 16 which can be
found at:
https://planning.statedevelopment.qld.gov.au/__data/assets/pdf_file/0029/67277/sdap-v3.0-
state-code-16-native-vegetation-clearing.pdf
3. Assessable clearing area
The application will need to provide information identifying the extent of the proposed
clearing including:
a. clearing that will result from the change of use, consisting of any of the following:
i. Clearing to construct built infrastructure – including buildings, stormwater
management systems, water supply and sewerage systems – that are
proposed as part of the material change of use application.
ii. Clearing for roads, vehicle parking, vehicle and pedestrian access, utilities
corridors, services, fences, firebreaks and fire management lines.
iii. Clearing that may not be necessary for developing infrastructure but is
associated with the use applied for.
b. clearing that will become exempt clearing work under Schedule 21 of the
Planning Regulation if the development application is approved. This includes
any of the following examples:
i. Clearing for routine management and essential management purposes
associated with the approved development including clearing to maintain
proposed infrastructure, facilities, roads, access routes, utilities, services
and fences, and clearing to maintain the safety of persons and property that
will be associated with the development (see Schedule 24 of the Planning
Regulation).
ii. Clearing for necessary firebreaks and fire management lines and safety
buffers associated with the development. This will be assessed as followed:
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1. All built infrastructure other than underground services, roads and
fences will be assessed as requiring clearing for firebreaks and
safety buffers with a width of 20 metres or 1.5 times the height of
the tallest adjacent tree to the infrastructure, whichever is the
greater. The extent of the clearing assessed will include any
vegetation that may be cleared for firebreak distances and safety
buffers on adjoining land.
In determining the extent of assessable clearing, consider whether any of the proposed
additional clearing can be carried out as exempt clearing under schedule 21 of the
Planning Regulation.
The application will need to provide clear information on why the proposed clearing
extent is required at this location, and why this development cannot be located on the
existing cleared areas on the site.
4. 22A relevant purpose determination
There was a previous relevant purpose determination for the proposed development
which was submitted to Resources and approved on 12 May 2020. However, this has
now expired as of 12 May 2022.
The applicant must obtain written confirmation from Resources that the proposed
development is for a relevant purpose under section 22A of the Vegetation Management
Act 1999.
Requests for a relevant purpose determination must be lodged in writing directly to
Resources, and can be sent to either your nearest business centre
(https://www.resources.qld.gov.au/?contact=vegetation) or via email to
[email protected]. There is no fee for these requests. The application
form and further information and assistance to apply for a relevant purpose
determination is available online at
https://www.qld.gov.au/environment/land/management/vegetation/clearing-
approvals/development.
If Resources determines that the clearing is for a relevant purpose under section 22A of
the Vegetation Management Act 1999, the applicant may then lodge a development
application with the Assessment Manager, Noosa Shire Council for assessment.
5. Existing environmental offsets
After reviewing all available information on the departmental databases, Resources
could not find evidence that the offset conditioned on the approval currently in effect has
been secured. This is in reference to Condition 2.9 of the Concurrence Agency
Conditions issued by the then Department of Natural Resources and Mines.
As part of assessing an other than minor change application, Resources will need to
review compliance with existing conditions. It is recommended that the proponent review
the delivery of the existing offset condition and provide findings of this review as part of
the application.
The previous development approval (Resources ref. 2005/101216) resulted in 15.7ha of
endangered vegetation clearing and 4.2ha of least concern vegetation clearing.
Condition 2.9 states that the restoration plan must apply to a minimum of 24ha of land
within the area of properties described in Table 1. The restoration plan must achieve as
an outcome the establishment of a minimum of 19ha of remnant endangered regional
ecosystem and the establishment of a minimum of 5ha of remnant not of concern (i.e.,
least concern) regional ecosystem within 20 years of the date of this notice.
The properties applicable for the offset contained the following regulated vegetation:
o 0.73ha of category B endangered regional ecosystem
o 0.12ha of category B of concern regional ecosystem
o 27.15ha of category C endangered regional ecosystem
o 0.79ha of category C of concern regional ecosystem
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o 0.53 of category C least concern regional ecosystem.
Based on the above areas, the 19ha endangered regional ecosystem required for the
offset can be achieved through the two following options:
a) Provide evidence that demonstrates the category C areas are remnant – the
applicant can remap these areas to category B through a Property Map of
Assessable Vegetation process (refer to Applying for a Property Map of Assessable
Vegetation section below).
b) Provide evidence that demonstrates the area has been secured and is being
managed to become remnant – the category C areas can be declared areas under
Section 19E-19G of the Vegetation Management Act 1999 (refer to Applying for a
Voluntary Declaration section below).
There is not enough category C least concern regional ecosystem areas within the
prescribed properties to achieve the 5ha remnant least concern regional ecosystem
offset. This offset can be located on an alternative council land parcel. Once an area is
found, the two options above can be utilised to secure the 5ha remnant least concern
vegetation.
6. Applying for a Property Map of Assessable Vegetation (PMAV)
Category B (remnant vegetation) is vegetation that has never been cleared or the
vegetation has been historically cleared and the vegetation has grown back and reached
the remnant criteria. The Vegetation Management Act 1999 defines remnant vegetation
as vegetation where the predominant canopy covers more than 50% of the undisturbed
predominant canopy and averages more than 70% of the vegetation’s undisturbed
height and is composed of species characteristic of the vegetation’s undisturbed
predominant canopy.
Category C (high value regrowth vegetation) is an area that has not been cleared for at
least 15 years and contains an endangered, of concern or least concern regional
ecosystem.
To amend the mapping on the Regulated Vegetation Management Map, the applicant
will need to apply for a detailed PMAV. In the PMAV application, the applicant must
provide evidence that the category C areas are now reflective of category B areas based
on the definition above.
It is recommended an application be made to amend the mapping prior to submitting the
development application.
Further information on how to apply for a PMAV, the required supporting information,
and any fee, is available online at
https://www.qld.gov.au/environment/land/management/vegetation/maps/map-correction.
7. Applying for a Voluntary Declaration
The applicant can secure the offsets through the Voluntary Declaration process under
the Vegetation Management Act 1999 (Section 19E-19G). The voluntary declaration will
secure non-remnant areas and map them as a declared area. The applicant must
provide a management plan detailing how the non-remnant areas will be managed and
achieve a remnant status.
Information on the voluntary declaration process can be found at
https://www.resources.qld.gov.au/__data/assets/pdf_file/0016/111094/request-
voluntary-declaration.pdf. The application form can be found at
https://www.resources.qld.gov.au/__data/assets/pdf_file/0016/111094/request-
voluntary-declaration.pdf.
8. New offset as a result of the proposed change
All of the following prescribed environmental matters have been identified on the land
subject to the proposed development.
o Endangered regional ecosystem.
o A wetland shown on the vegetation management wetlands map.
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o An essential habitat area shown on the essential habitat map.
The endangered regional ecosystem would likely be able to be covered off in the current
proposed offset area. The wetlands and essential habitat may require an additional
offset if these are determined to have a significant residual impact (SRI).
Where an offset is provided for any acceptable SRI, the application should demonstrate
all of the following:
1. How the impacts have been reasonably avoided.
2. How the impacts have been reasonably minimised/mitigated.
3. Where there is an SRI. Guidance for determining if a prescribed activity will have
an SRI is provided in the Significant Residual Impact Guideline, Department of
State Development, Infrastructure and Planning, 2014 available at
https://dsdmipprd.blob.core.windows.net/general/dsdip-significant-residual-
impact-guideline.pdf.
4. How the significance of the impact can likely be addressed through a suitable
offset.
5. Details of the proposed offset that achieves a conservation outcome for the
impacted matter and is compliant with the Environmental Offsets Act 2014 and
the Queensland Environmental Offsets Policy 2020 version 1.9, Department of
Environment and Science available at
https://environment.des.qld.gov.au/__data/assets/pdf_file/0030/209937/offsets-
policyv1-9.pdf.
There are three offset delivery options under the environmental offsets framework:
o Proponent-driven offsets (i.e., land-based offsets or a Direct Benefit Management
Plan
o Financial settlement offsets, or
o A combination of the two.
The Queensland Environmental Offsets Policy explains the requirements for providing
an offset. When a land-based offset is proposed, the Guide for Determining Terrestrial
Habitat Quality, version 1.2, April 2017 provides a methodology for determining the
habitat quality of proposed offset sites. When a financial settlement offset is proposed,
the Financial Settlement Offset Calculator can be used to calculate the offset. The
Guide and Calculator are available online at
https://www.qld.gov.au/environment/pollution/management/offsets/delivering.
Clearing in a koala priority area and koala habitat area
9. Interfering with koala habitat
The application material proposes to clear ~0.98 ha of vegetation in a koala habitat area
(KHA) and koala priority area (KPA).
Under Schedule 24 of the Planning Regulation, exempted development item (d) provides
that development for infrastructure stated in Schedule 5 is exempted development if the
development is carried out by or for the State or a public sector entity.
Schedule 5, Part 2 (16) provides that waste management facilities are infrastructure to which
exempted development item (d) applies. Local government entities (e.g., Noosa Shire
Council) are considered to be a public sector entity; therefore, exempted development item
(d) will apply.
Because the proposed development constitutes exempted development as defined under
Schedule 24 of the Planning Regulation, there is no trigger for assessment against the
SDAP. However, although the development may be exempt under item (d), it may be
captured under the State Government Supported Infrastructure Koala Conservation Policy
2017. It is recommended the applicant ensure the development is undertaken in accordance
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with this policy if it is determined that it applies.
10. Development on premises in koala priority areas not interfering with koala habitat
There are specific koala conservation assessment benchmarks (prescribed in Schedule 11,
Part 2 of the Planning Regulation) that apply to development applications made for
development that:
the local government planning scheme makes assessable development (i.e., where
the local government planning scheme provides that the development requires
development approval before it can be undertaken lawfully)
is building works, operational works, a material change of use or reconfiguring a lot
does not involve interfering with koala habitat (defined above)
is to be carried out on a premises that includes an area that is both a koala priority
area and a koala habitat area.
Note: Some exemptions apply as per Schedule 11, Part 1 and Schedule 11, Part 2, Section
3(2) of the Planning Regulation.
A development application made for this type of development would be assessed and
decided by the local government in accordance with the assessment benchmarks. These
assessment benchmarks seek to ensure that the development provides for safe koala
movement opportunities and does not have adverse impacts on koala habitat areas. The
Guideline - Assessment Benchmarks in relation to Koala Habitat in South East Queensland
assessment benchmarks
(https://environment.des.qld.gov.au/__data/assets/pdf_file/0024/102858/koala-assessment-
benchmarks-guideline.pdf) outlines the assessment benchmarks, the intent of these
assessment benchmarks and advice on how proposed development may meet these
assessment benchmarks.
As local government are responsible for assessing and deciding development applications
that these assessment benchmarks apply to, it is advised that advice is sought from the local
government to confirm whether these assessment benchmarks apply to a proposed
development and if so, information that should be provided with the development application
to address the assessment benchmarks.
11. Nature Conservation (Koala) Conservation Plan 2017
There are legal requirements under the Nature Conservation (Koala) Conservation Plan
2017 that must be implemented if koala habitat is cleared including:
Sequential clearing conditions in Section 10 of the Nature Conservation (Koala)
Conservation Plan 2017
Koala spotter requirements in Section 11 of the Nature Conservation (Koala)
Conservation Plan 2017.
Please note these requirements apply in addition to any other requirement (or exemption)
applying to the clearing under an Act.
12. Protected plants
It has been noted that the subject site is mapped as a high-risk area on the protected plant
flora survey trigger map (https://apps.des.qld.gov.au/map-request/flora-survey-trigger/). High
risk areas are where endangered, vulnerable or near threatened plants are known to exist or
are likely to exist. Where development is proposed within a high risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the
Flora Survey Guidelines – Protected Plants
(https://www.qld.gov.au/__data/assets/pdf_file/0028/99901/gl-wl-pp-flora-survey.pdf) to
determine if there are any protected plants on proposed development site. If protected plants
are found on site a clearing permit under the Nature Conservation Act 1992 may be required.
More information on the clearing of protected plants can be found here
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https://www.qld.gov.au/environment/plants-animals/plants/protected-plants.
13. Protected animals
It has been noted that protected animals (i.e., animals that are listed as extinct, endangered,
vulnerable, near threatened and least concern) have been identified on or within proximity to
the proposed development site. If a development requires tampering with a protected animal
breeding place, you may be required to acquire a species management program.
More information on protected animal breeding places and species management programs
can be found here: https://environment.des.qld.gov.au/licences-permits/plants-
animals/species-management-program.
Lodgement material
14. It is recommended that the following information is submitted when referring the application
to SARA:
DA form 1.
A full response to the relevant sections of SDAP being State code 1: Development in a
state-controlled road environment and State code 16: Native vegetation clearing.
Landowner’s consent.
Relevant plans as per the DA Forms guide, showing:
o The extent of the area to be cleared.
This advice outlines aspects of the proposed development that are relevant to SARA’s jurisdiction.
This advice is provided in good faith and is:
based on the material and information provided to SARA
current at the time of issue
not applicable if the proposal is changed from that which formed the basis of this advice.
The advice in this letter does not constitute an approval or an endorsement that SARA supports the
development proposal. Additional information may be required to allow SARA to properly assess the
development proposal after a formal application has been lodged.
For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Paul Gleeson
Principal Planning Officer
cc. Mark Borgert, [email protected]
enc Attachment 1 – Pre-lodgement meeting attendance record
Development details
Proposal: Clearing of regulated vegetation to allow the expansion of the resource recovery facilities
Street address: 561 Eumundi Noosa Road, Doonan
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Development details
Real property description: Lot 77 on SP298776
SARA role: Referral agency
Assessment Manager: Noosa Shire Council
Assessment criteria: State Development Assessment Provisions (SDAP):
State code 1: Development in a state-controlled road environment
State code 16: Native vegetation Clearing
Existing use: Noosa Shire Council Landfill and Waste Transfer Station
Relevant site history: 1907-12138 SPL
Attachment 1 — Area of the proposed clearing on the Noosaville
landfill site
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2112-26380 SPL Attachment 2 — Pre-lodgement meeting attendance record Meeting attendees: State Assessment and Referral Agency Page 10 of 11
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Name Position Organisation
Danika Cowie Principal Planning Officer State Assessment and
Referral Agency (SARA)
Jessica Deo Natural Resource Department of Resources
Management Officer (Resources)
Cody Johnston Council officer Noosa Shire Council (NSC)
Dave Burrows Council officer NSC
Simon McVerri Environmental consultant Native Foresters
Mark Borgert Council officer NSC
Greg Martoo Town Planning Consultant Martoo Consulting
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