Supporting Documents - 20 Wesley Court, Noosa Heads (PAGE)

Page 2

2401-38769 SER

e Schedule 10, Part 17, Division 3, Table 2, Item 1 (10.17.3.2.1)—Operational work that is tidal works
or work in a coastal management district in tidal waters.

Conditions

Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.

 

Reasons for early referral agency response

SARA must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

 

Advice to the applicant
Advice to the applicant is provided in Attachment 3.

 

Further information

Pursuant to section 54(4) of the Act, you will not be required to refer your application to the department if
you submit this early referral 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 SARA with the request
for an early referral response.

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

Human Rights Act 2019 considerations

A consideration of the 23 fundamental human rights protected under 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.

 

For further information please contact Jenny Sapuppo, Senior Planning Officer, on 07 5644 3220 or via
email [email protected] who will be pleased to assist.

Yours sincerely

NAIM Sn

Susan Kidd
Manager (Regional Assessment and Projects)

enc Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Attachment 3—Advice to the applicant
Document referenced in conditions

State Assessment and Referral Agency Page 2 of 5

Page 3

Attachment 1—Conditions to be imposed

2401-38769 SER

 

 

No.

 

Conditions

 

Condition timing

 

Development Permit for Operational work

 

10.17.3.2.1—Operational work that is tidal works or work in a coastal management district in tidal
waters—The chief executive administering the Planning Act 2016 nominates the Director-General of the
Department of Transport and Main Roads (Maritime Safety Queensland) 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 conditions:

 

1.

The private pontoon must be carried out generally in accordance with
the following plan:

e Site Plan, Pontoon Plan & General Notes prepared by Aqua
Pontoons, dated 15/12/2023, Drawing No. AP9383-01 and

At all times.

 

 

 

 

 

Revision 0.
2: (a) The structure must be lit/marked in accordance with the following For the duration of
specifications: works and for operation
i. section 3 of AS4282-1997 Control of the obtrusive effects of to be maintained at all
oe times.
outdoor lighting.
(b) Lighting provided must not obscure, disguise or otherwise interfere
with the safe navigation of other vessels, including the
effectiveness of navigational lighting.
3. The construction, operation and maintenance of the private pontoon, For the duration of
and any ship berthed, moored or attached to the structure, must not: works, and at all times.
(a) encroach into, pass over or under a navigation corridor
(b) be located in a high risk maritime zone
(c) impede the safe navigation of other ships or boats
(d) restrict safe access to or from neighbouring structures.
4. Remove and dispose of debris or similar obstruction encountered For the duration of
whilst undertaking the work at an appropriately licensed facility. works.
5. All piles and/or structures to be demolished, both above and below the | Prior to the completion

 

waterline must be completely extracted/removed.

 

of the works.

 

State Assessment and Referral Agency

Page 3 of 5

 

Page 4

2401-38769 SER

Attachment 2—Reasons for early referral response

 

The reasons for SARA’s decision are:
The proposed development has been assessed against and complies with the FastTrack5 qualifying
criteria checklist 4: Tidal works — Impacts on maritime safety of the SDAP, with conditions. In particular:

e The proposed development is for private single vessel pontoon located in a canal.

¢ The proposed private single vessel pontoon will not interfere or cause impact on the navigation
corridor.

Material used in the assessment of the application:

e The development application material and submitted plans.
e Planning Act 2016.

e Planning Regulation 2017.

e SDAP, version 3.0, as published by SARA.

e Development Assessment Rules.

e SARA DA Mapping system.

e Section 58 of the Human Rights Act 2019.

State Assessment and Referral Agency Page 4 of 5

Page 5

2401-38769 SER

Attachment 3—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), version 3.0. If a word remains undefined
it has its ordinary meaning.

 

Marine plants

 

 

2. This referral agency response does not authorised any removal, destruction or damage of marine
plants. Any marine plant disturbance associated with the approved works must be undertaken in
accordance with the Accepted development requirements for operational work that is the removal,
destruction or damage of marine plants, otherwise a development approval will be required for
this aspect of development.

 

 

State Assessment and Referral Agency Page 5 of 5

 

Page 6

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. If a 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.

1 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 of 2

Page 7

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.3

3 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 of 2

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Page 9

A Titles Current Title Search
me QUEENSLAND

 

Queensland Titles Registry Pty Ltd
ABN 23 648 568 101

 

 

Title Reference: 15821116 Search Date: 11/12/2023 15:45

 

 

 

 

Date Title Created: 20/11/1978

 

Request No: 46570231

 

 

 

 

Creating Dealing:

 

 

 

ESTATE AND LAND
Estate in Fee Simple

LOT 47 CROWN PLAN N21844
Local Government: NOOSA

REGISTERED OWNER
Dealing No: 714358774 13/03/2012

BRUCE ALAN PAGE
ANNETTE IRIS PAGE

ua

12
12

AS TENANTS IN COMMON

EASEMENTS, ENCUMBRANCES AND INTERESTS

1. Rights and interests reserved to the Crown by
Deed of Grant No. 15821116 (ALLOT 47 SEC 18)

2. MORTGAGE No 714358775 13/03/2012 at 11:56

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED A.B.N. 11
005 357 522

ADMINISTRATIVE ADVICES
NIL

UNREGISTERED DEALINGS

NIL
Caution - Charges do not necessarily appear in order of priority
* End of Current Title Search *
COPYRIGHT QUEENSLAND TITLES REGISTRY PTY LTD [2023] www.titlesqid.com.au

Requested by: D-ENQ CITEC CONFIRM Page 1/1

Page 10

DRAWING OF PLAN MUST BE RESTRICTED TO THE SPACE INSIDE THE BLUE LINES

 

FOR OPENING NOTIFICATIONS SEE BACK

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Copyright protects the plan/s being ordered by you. Unauthorised reproduction or amendments are not permitted.

Page 11

TO WHOM IT MAY CONCERN

AUTHORITY TO LODGE MARINE BERTHING
APPLICATIONS

As the registered owner/s of the property described below, I/we hereby authorize
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 inquiries regarding such applications on my/our behalf.

Address of Property:
...20 Wesley Court, Noosa Heads QLD 4567........06......cccecceccueeeaeeas
Lot Number: ...4¢-°7...... Plan Number: ..... NLA. 8 UU...

Registered Owners:
NAME IN FULL

  

* Authority to Act - (Private) 2012