07/2399 - Referral Agency Response - DNRW (Concurrence & Advice) [As Published] · 132007.2399

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Referral Agency Response
8 3.3.16 Integrated Planning Act 1997

1.

Application information

1.2 Applicant’s name StarCo Developments Pty Ltd

1.3 Property description Lot 3 SP178323

1.4 Assessment Manager/Reference Noosa Council 2007/2399

1.5 Departmental Reference el VAS Case No: 2008/000104
File Ref. No: NOO7610
Trackjob No: ICO108NAMO0002

1.6 Type of development sought by the application Material Change of Use
and Operational Works

Concurrence Agency Matters

Vegetation Management Act 1999

The chief executive of NRW would like to inform the assessment manager that NRW
has no concurrence agency requirements in regard to the application.

Reasons for the concurrence agency response

NRW has assessed the application against the Concurrence Agency Policy for
Material Change of Use (MCU) 23 August 2007/ Concurrence Agency Policy for
Reconfiguring a Lot (RaL) 23 August 2007 and has determined that the application
meets the requirements of Criteria Table B, because clearing as a result of the
MCU/RaL will only occur— ,

e for an urban purpose in an urban area on freehold land
e in remnant vegetation that does not contain an endangered regional

ecosystem, where there is no PMAV for the area subject to the clearing.
Advice Agency Matters

State Planning Policy 2/02 - Planning and Managing Development Involving Acid
Sulfate Soils (SPP 2/02)

The Chief Executive of the Department of Natural Resources and Water provides the

* following advice to the Assessment Manager on matters relating to State Planning

Policy 2/02 — Planning and Managing Development Involving Acid Sulfate Soils (SPP
2/02).

Outcome 1 of SPP 2/02

The SPP aims to ensure that development involving acid sulphate soils (ASS) be
planned and managed to avoid potential adverse impacts on the natural and built
environment and human health. With respect to development assessment, Outcome
1 must be achieved:

"When undertaking development to which this SPP applies, the release of acid and
associated metal contaminants into the environment is avoided by:
¢ not disturbing acid sulfate soils when excavating or otherwise removing soil or
sediment, extracting groundwater or filling land; /
« or treating and, if required, undertaking ongoing management of any
disturbed acid sulfate soils and drainage waters.”

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If the disturbance of ASS cannot be avoided, the potential impacts of that disturbance
must be treated and managed to:
e neutralise existing acidity and prevent the generation of acid and metal
contaminants; and
e avoid releasing surface or groundwater flows containing acid and metal
contaminants into the environment.

The following advice is offered on whether the application demonstrates that the
proposed development can achieve Outcome 1 of SPP 2/02. .

Background

ASS mapping’ shows part of the site in an area mapped as likely t to contain ASS, with
the remainder low probability. Geology mapping shows the site as quaternary coastal
wetlands. Surface elevations range from 1.5m to 9m AHD.

The planning reports states that excavations below 5m AHD are not anticipated,
however they are not able to rule this out due to exact details only being known once
Council have approved and conditioned the application. Accordingly, they request
that preparation of an ASSMP be imposed as a condition.

The Engineering Report states that filling of the south west corner of the site will be
required, with minimal earthworks in the remainder of the site to provide the cut to fill
earthworks for the new roadworks profile, and infrastructure trenching.

A lake appears to be proposed as part of the realignment of the 18" tee.

ASS Investigation Report

The following advice is offered on the preliminary ASS investigation undertaken iby
Golder Associates and dated October 2007. NRW notes that the report is
preliminary due to details of the proposed earthworks and buildings were not known
at the time of reporting.

The ASS investigation revealed the presence of ASS in the southwest corner of the
site.

With respect to SPP 2/02 and related guidelines’, the ASS investigation is deficient in
the following areas:
e the number of boreholes — 2 were tested as part of the ASS investigation
- instead of 6;
e the number of samples analysed - 6 in the two boreholes, instead of 6 per
borehole.

NRW support the proposal to drill 4 additional boreholes once more detailed
information is available on the proposed development.

In order for the ASS investigation to be consistent with SPP 2/02 and related
guidelines, NRW recommend further ASS investigations which address the
deficiencies detailed above.

‘ Acid Sulfate Soils - Tweed Heads to Nerang River. NR&M, 2003

> NR&M & DLGP, (2002) State Planning Policy 2/02 Guideline

Ahern CR, Ahern MR and Powell 8 (1998). Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils
(ASS) in Queensland. Department of Natural Resources, Indooroopilly.

Ahern CR, McElnea AE and Sullivan LA (2004). Acid Sulfate Soils Laboratory Methods Guidelines. In Queensland
Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly.

Dear SE, Moore NG, Dobos SK, Watling KM and Ahern CR (2002). Soil Management Guidelines. In Queensiand
Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly.

Dear SE, Moore NG, Watling KM, Fahl D and Dobos SK (2004). Legislation and Policy Guide. In Queensiand Acid
Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly,

The Department of Natural Resources and Water ICO108NAM0002 . 20f5

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ASS Management Plan

An ASS management plan (ASSMP) has not been undertaken, due to details of
earthworks not being available, however basic management strategies have been
mentioned in the ASS investigation.

Referral Agency Recommendations

NRW consider that the information provided with the application does not adequately
demonstrate that the proposed development can achieve Outcome 1 of SPP 2/02.

In order for the ASS investigation to be consistent with SPP 2/02 and related
guidelines, NRW recommend further investigations as detailed above. This could be
undertaken as a condition of approval.

NRW recommend that an ASSMP be undertaken consistent with SPP 2/02 and
related guidelines. This could be undertaken as a condition of approval.

While NRW offers this advice under SPP 2/02, it remains the duty of care of the site
owner not to cause Environmental Harm as defined under the Environmental
Protection Act 1994. -

. Third Party Matters

The Chief Executive of the Department of Natural Resources and Water provides the
following advice to assist the Assessment Manager to fully consider the application.

Aboriginal Cultural Heritage Act 2003

NRW also takes this opportunity to advise Council of the responsibilities of applicants
under the Aboriginal Cultural Heritage Act 2003. Council may wish to include this
information as an Advisory Note on the Decision Notice issued for the application.

Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries
out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of
care"). Maximum penalties for breaching the duty of care are $750,000 for a
corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if
they are acting in accordance with cultural heritage duty of care guidelines gazetted
under the Aboriginal Cultural Heritage Act 2003, available on the NRW website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural
heritage management plan approved under part 7 of the Aboriginal Cultural Heritage
Act 2003.

Applicants are also-encouraged to undertake a search of the Aboriginal Cultural’
Heritage Database and the Aboriginal Cultural Heritage Register, administered by the
Cultural Heritage Coordination Unit, Department of Natural Resources and Water.
Application forms to undertake a free search of the Cultural Heritage Register and
the Database may be obtained by contacting the Cultural Heritage Coordination Unit
on (07) 3238 3838 or on the NRW website www.nnw.qid.gov.au/cultural heritage.

. Authorised Delegate Signature

Ao

~ Ken Murray
Principal Natural Resource Officer

The Department of Natural Resources and Water ICO108NAM0002 . 30f5

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a

South East Region

7 February 2008

The Department of Natural Resources and Water ICO108NAMO002

4o0f5

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Glossary

Clearing as a result of the MCU/RaL includes:
e Clearing as a result of the MCU; and
e Clearing as a result of the RaL.

Clearing as a result of the MCU includes:
e clearing of assessable vegetation that will result from the change in use,

consisting of any of the following
- clearing for infrastructure—including buildings, stormwater management
systems, water supply and sewerage systems—that are proposed as part
__ of the MCU application
— clearing for roads, vehicle parking, vehicle and pedestrian access, utilities
corridors, services, fences, firebreaks and fire management lines that are
proposed as part of the MCU application
- Clearing that may not be necessary for developing infrastructure but is
associated with the use applied for. .
And
e clearing of assessable vegetation that will become exempt if the development
application is approved. This includes any of the following examples
— 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
- clearing for necessary fire breaks and fire management lines associated
with the development. This will be assessed as follows

i. all built infrastructure other than underground services, roads and .

fences will be assessed as requiring clearing for firebreaks with a
width of 1.5 times the height of the tallest vegetation adjacent to the
infrastructure, or 20m, whichever is the greater. However, evidence
may be provided to NRW that confirms that an alternative firebreak
width is required that is consistent with the State Planning Policy
(SPP) 1/03 Guideline

ii all proposed allotment boundaries will be assessed as requiring
clearing for fire management lines with a width of 10m constructed.
on either side of the allotment boundary, unless NRW is provided
with evidence that confirms that an alternative width of fire
management line is required or an alternative configuration of fire
management lines are required that is consistent with the SPP 1/03
Guideline

iii, in the case of evidence being presented that demonstrates
alternative fire management guidelines as being sufficient and
consistent with the SPP 1/03, NRW may condition the development
so that the full extent of exempt clearing prescribed for essential
management under Schedule 8 of the IPA cannot be carried out by
current or future landholders

~ where there is a concurrent application for Reconfiguring of a Lot (RaL)
for the same land that has not yet been decided—clearing as a result of
the RaL as set out in the Ral Policy item 2 will be assessed.

The Department of Natural Resources and Water ICO108NAMO0002 5o0f§