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2204-28325 SRA Response with conditions

Attached to the e-mail SARA response.

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RA6-N




SARA reference:        2204-28325 SRA
Council reference:     MCU22/0049 & OPW22/0090
Applicant reference:   0341



26 April 2022

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]

Attention:       Mr Patrick Murphy


Dear Sir/Madam


SARA response—168 Edwards Street, Sunshine Beach
(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 12 April 2022.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   26 April 2022
Conditions:                         The conditions in Attachment 1 must be attached to any
                                    development approval.
Advice:                             Advice to the applicant is in Attachment 2.
Reasons:                            The reasons for the referral agency response are in Attachment 3.


Development details

Description:                        Development permit         Material change of use for a dual
                                                               occupancy and operational works for
                                                               landscaping, stormwater, crossover,
                                                               clearing vegetation and earthworks

SARA role:                          Referral agency
SARA trigger:                       Schedule 10, Part 4, Division 3, Table 1] (Planning Regulation 2017)
                                    – Premises contaminated because of unexploded ordnance


                                                                             Far North Queensland regional office
                                                                             Ground Floor, Cnr Grafton and Hartley
                                                                             Street, Cairns
 Page 1 of 6                                                                 PO Box 2358, Cairns QLD 4870
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                                                                                           2204-28325 SRA




SARA reference:                         2204-28325 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         168 Edwards Street, Sunshine Beach
Real property description:              Lot 35 on RP48113
Applicant name:                         Paul McHugh and Jendev Pty Ltd (tte)
                                        C/- Pivotal Perspective Pty Ltd
Applicant contact details:               95/3 Hilton Terrace
                                         Tewantin QLD 4566
                                         [email protected]


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 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Belinda Jones, Senior Planning Officer, on 40373208 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Joanne Manson
A/Manager (Planning)

cc      Paul McHugh and Jendev Pty Ltd (tte), [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions




 State Assessment and Referral Agency                                                         Page 2 of 6

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                                                                                                    2204-28325 SRA




Attachment 1—Referral agency conditions
(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)


                                                                                                  Condition
 No.    Conditions
                                                                                                  timing
 Material change of use and operational works
 Schedule 10, Part 4, Division 3, Table 1 — Premises contaminated because of unexploded ordnance -
 The chief executive administering the Planning Act 2016 nominates the Director-General of Department
 of State Development, Infrastructure, Local Government and Planning 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:
 1.     Provide written confirmation to the Department of State Development,                      Prior to the
        Infrastructure, Local Government and Planning by an approved contractor on                commencement
        the Australian Government, Department of Defence, Unexploded Ordnance                     of works
        (UXO) Panel that the subject site has been remediated and cleared of
        unexploded ordnances.

        The UXO Panel is found online at:
        http://www.defence.gov.au/estatemanagement/support/dehp/WhoToEngage.as
        p.




 State Assessment and Referral Agency                                                                   Page 3 of 6

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                                                                                         2204-28325 SRA




Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
        the State Development Assessment Provisions (SDAP) v3.0. If a word remains undefined it has
        its ordinary meaning.
2.      Provide the owner, occupier and any person employed to work on the subject site the following
        information:
             (a) Residual UXO may still exist following remediation and all work should proceed with
                 due caution.
             (b) The procedure to be followed by any person finding an object suspected of being
                 explosive ordnance or component thereof:
                    (i)  advise the Police immediately;
                   (ii)  do not disturb the object.
                  (iii)  take action, where appropriate, to prevent it being disturbed.
                  (iv)   note its approximate dimensions and general appearance.
                   (v)   note the route to its location.

        Applicants wanting to find out more details of area management advice (AMA), current UXO
        investigations and remedial search contractors may use the following websites:
        Department of Environment and Science - https://www.des.qld.gov.au/ OR Commonwealth
        Department of Defence - http://www.defence.gov.au/uxo




State Assessment and Referral Agency                                                        Page 4 of 6

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                                                                                         2204-28325 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARA’s decision are:
 The site is mapped as containing an area of substantial potential for unexploded ordnance potential.
 The inclusion of a condition will ensure that the site is appropriately investigated and where
   necessary remediated to ensure that the development does not place the environment or human
   health at risk.
 SARA assessed the development application against State code 13: Unexploded Ordnance of the
   State Development Assessment Provisions (SDAP), version 3.0, and determined that with a
   condition, the development achieves compliance with the performance outcome of the state code.


Material used in the assessment of the application:
 The development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 The State Development Assessment Provisions (version 3.0)
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019




 State Assessment and Referral Agency                                                        Page 5 of 6

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                                                        2204-28325 SRA




Attachment 4—Change representation provisions
(page left intentionally blank – attached separately)




 State Assessment and Referral Agency                      Page 6 of 6

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