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Concurrence Agency Response - DERM · OPW11/0409
SC RC
111N1111
Department of Environment
and Resource Management Notice
oncurrence Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to section 287
(concurrence agency response) of the Sustainable Planning Act 2009 ("the Act).
Sunshine Coast Regional Council cc. The State of Queensland
Locked Bag 72 Represented by the Department of
Sunshine Coast Mail Centre QLD 4560 Employment, Economic Development and
Innovation
C/- The Jetty Specialist
2 Industrial Avenue
Caloundra QLD 4551
Our reference: 187714
Re: Concurrence Agency Response
1. Application Details
Assessment Manager ref.: OPW11/0409
Date application referred to DERM:
18 January 2012
Development approval applied for:
Development Permit
Aspect of development:
Operational work - Tidal works, or development in a coastal
management district
Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
13
DERM ref. no. - 187714
DERM Permit No. SPCC03748912
Development description:
Operational work - Tidal works, or development in a coastal
management district - replacement of an existing pontoon
Property/Location description:
Page 1 of 3 •091217
Department of Environment and Resource Management Queen s land,1 G overnment
www.derm.gld.gov.au ABN 46 640 294 485
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Page 2
`Notice
Concurrence Agency Response
2 Russell Street, Noosaville
Lot 157 on SP143417
2. The Chief Executive, Department of Environment and Resource Management (DERM) concurrence
agency response for the concurrence agency referral jurisdiction for the aspect of development
involved with the application the subject of this Notice is to tell the assessment manager as follows.
(a) Conditions must attach to any development approval, and those conditions are attached to this
Notice.
3. Approved plans/ specifications
Document No. Document Name Date
JSP-SJ-23890 Proposed pontoon replacement - site plan, layout and 10/12/10 Issue B
water allocation
JSP-SJ-23891 Proposed pontoon replacement - elevation 10/12/10 Issue B
4. General advice to assessment manager
Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice issued
by the assessment manager must be forwarded to DERM as a referral agency for the relevant application at
PO Box 168, Cotton Tree QLD 4551 and an electronic copy to palm derm.gld.gov.au.
The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the
relevant application has not provided notification to native title parties.
5. Additional comments or advice about the application
Nil
6. . Additional information for applicants
Page 2 of 3 •091217 Department of Environment and Resource Management
Page 3
Notice
Concurrence Agency Response
Delegate Enquiries:
Ben Sale Brodie Lucht
Delegate, Chief Executive administering the Coastal Department of Environment and Resource
Protection and Management Act 1995 Management
Department of Environment and Resource Management 12 First Avenue, Maroochydore QLD 4558
15 February 2012 PO Box 168, Cotton Tree QLD 4558
Phone: (07) 5459 6154
Fax: (07) 5459 6190
Email: brodie.lucht(a-derm.gld.gov.au
Attachment(s)
DERM Permit Number SPCC03748912
Approved Plans
Page 3 of 3 •091217 Department of Environment and Resource Management
Page 4
Department of Environment
and Resource Management
Sustainable Planning Act 2009
DERM Permit' number: SPCC03748912
Assessment manager reference (if OPW 11 /0409
any):
Date application received: 23 January 2012
Permit type: Development Permit
Date of decision: 15 February 2012
Decision: For a concurrence agency response
conditions that must attach to any development approval
. Relevant laws and policies: Coastal Protection and Management Act 1995 and any related
statutory instruments and subordinate legislation
Jurisdiction(s): Operational work - Tidal works, or development in a coastal
management district
Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
13
DERM ref. no. - 187714
DERM Permit No. SP0003748912
Development Description(s)
Property/Location Development
2 Russell Street, Noosaville Lot 157 on Operational work Tidal works, or development in a
SP143417 coastal management district - replacement of an existing
pontoon
Reason(s) for inclusion of conditions
In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
stated in this permit required by the concurrence agency response for the application are as follows.
DERM is a concurrence agency under the Sustainable Planning Regulation 2009 for coastal management
under the Coastal Protection and Management Act 1995, excluding amenity or aesthetic significance or value.
Development conditions placed upon this development approval are in accordance with sections 104 and 106 of
the Coastal Protection and Management Act 1995.
I
Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.
Page 1 of 8 •091217
Department of Environment and Resource Management Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485
Page 5
DERM Permit number: SPCC03748912 Delegate Ben Sale Delegate, Chief Executive administering the Coastal Protection and Management Act 1995 Department of Environment and Resource Management 15 February 2012 Page 2 of 8 ' 091217 Department of Environment and Resource Management
Page 6
DERM Permit number: SPCC03748912
CONDITIONS
Agency Interest - General
1. All works are to be constructed in accordance with the attached approved drawings and specifications
listed in the approved plans section in the notice attached to this permit.
2. All materials and works must comply with Australian Standards.
3. An appropriate spill kit, personal protective equipment and relevant operator instructions/emergency
procedure guides for the management of fuel and chemicals associated with the operational works stage
must be kept on site.
4. Anyone working under this approval must be trained in the use of the spill kit.
5. Telephone the Department of Environment and Resource Management's (DERM) Pollution Hotline on
1300 130 372 or local office on (07) 5459 6132 immediately after becoming aware of any release of
contaminants or other breach of condition, not in accordance with the conditions of this approval.
6. The construction and installation of the works must not result in any adverse impacts on the surrounding
environment, nor cause any long-term maintenance and management implications.
7. Should the works result in adverse impacts, the permit holder is responsible for rectification works and
where necessary the removal of the works causing impacts.
8. The chief executive administering the Coastal Protection and Management Act 1995 may order the works
to be removed or modified within a reasonable time, if the works have or are likely to have a significant
effect on coastal management because the works:
(i) create a-danger to the public; or
(ii) cause erosion or land degradation; or
(iii) are unstable; or
(iv) have not been constructed according to the approved plans.
Agency Interest - Land
9. No sand is to be removed from the coastal dune system or active beach system within the erosion prone
area or coastal management district.
10. Spoil removed from within the proposed development area must be stockpiled separately upon
excavation, and reused, rather than disposed of.
11. Best practice erosion and sediment control measures must be implemented and maintained to minimise
erosion and the release of sediment.
Agency Interest - Acid Sulfate Soil
12. Acid sulfate soils must be managed such that contaminants are not directly or indirectly released to any
land or waters.
13. Should acid sulfate soils be discovered they must be treated and managed inline with the latest edition of
the Queensland EPA's 'Instructions for the Treatment and Management of Acid Sulfate Soils' 2001.
Agency Interest - Vegetation
14. All works must be undertaken in a manner that minimises damage to the native vegetation on and
adjacent to the site.
15. There must be no death or permanent removal of marine plants, inter-tidal plants or native terrestrial
woody vegetation outside of the disturbance footprint as indicated within the attached approved plans, as
a result of these works.
16. Following the operational works, disturbed areas on or adjacent to the site and the areas indicated in the
approved plans must be revegetated with endemic native plants common to the site or if a modified area
such as a park, using common turf or ground cover species.
17. Revegetated areas (other than grassed areas) must be fenced off to prevent pedestrian and vehicular
access.
Page 3 of 8 ' 091217 Department of Environment and Resource Management
Page 7
DERM Permit number: SPCC03748912
Agency Interest - Water,
18. All materials used in the construction of the works must be:
(v) clean and free of silt; and
(vi) suitable for the purpose having regard to the location of the land and to the proposed use of the
land.
19. The development must maintain local and regional drainage and hydrological systems.
20. The development must not result in a change in water chemistry that will impact on ecological values on
or off site.
21. Stockpiles of waste, spoil or other contaminated material must not be stored within thirty (30) metres of
the high water mark.
22. Chemical, waste, fuel or oil storage onsite must be appropriately bunded to contain the full volume of the
stored material.
Page 4 of 8 ' 091217 Department of Environment and Resource Management
Page 8
DERM Permit number: SPCC03748912
Definitions
Words and phrases used throughout this permit' are defined below. Where a definition for a term used in this
permit' is sought and the term is not defined within this permit' the definitions provided in the relevant legislation
shall be used.
"administering authority" means the DERM or its successor.
"approval' means'notice of development application decision' or'notice of concurrence agency response'
under the Integrated Planning Act 1997.
"approved plans" means the plans and documents listed in the approved plans section in the notice attached
to this concurrence response.
"artificial waterway" means an artificial channel, lake or other body of water. Artificial waterway includes -
n an 'artificial channel that is formed because the land has been reclaimed from tidal water and is intended
to allow boating access to allotments on subdivided land;
n other artificial channels subject to the ebb and flow of the tide; and
n any additions or alterations to an.artificial waterway.
"canal" means an artificial waterway surrendered to the State. A canal is an artificial waterway connected, or
intended to be connected, to tidal water; and from which boating access to the tidal water is not hindered by a
lock, weir or similar structure.
"coastal dune" means a ridge or hillock of sand or other material on the coast and built up by the wind.
"commercial place" means a place used as an office or for business or commercial purposes.
"dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other
equipment designed for use in extraction of earthen material.
"dwelling" means any of the following structures or vehicles that is principally used as a residence -
n a house, unit, motel, nursing home or other building or part of a building;
n a caravan, mobile home or other vehicle or structure on land;
n a water craft in a marina.
"Department of Environment and Resource Management (DERM)" means the department or agency
(whatever called) administering the Coastal Protection and Management Act 1995 or the Environmental
Protection Act 1994.
"erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal
Protection and Management Act 1995.
"high water mark" means the ordinary high water mark at spring tides.
"land" in the "land schedule" of this document means land excluding waters and the atmosphere.
"permit" includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as
required by legislation administered by the DERM and the Queensland Parks and Wildlife.
"ponded pasture" means a permanent or periodic pondage of water in which the dominant plant species are
pasture species used for grazing or harvesting.
"protected area" means -
n a protected area under the Nature Conservation Act 1992; or
n a marine park under the Marine Parks Act 1992; or
n a World Heritage Area.
"quarry material" means material on State coastal land, other than a mineral within the meaning of any Act
relating to mining. Material includes for example stone, gravel, sand, rock, clay, mud, silt and soil, unless it is
removed from a culvert, stormwater drain or other drainage infrastructure as waste material.
"site" means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.
Page 5 of 8 ' 091217 Department of Environment and Resource Management
Page 9
DERM Permit number: SPCC03748912
"tidal water" means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the
tide at spring tides.
"watercourse" means a river, creek or stream in which water flows permanently or intermittently-
• in a natural channel, whether artificially improved or not; or
n in an artificial channel that has changed the course of the watercourse.
"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the
sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-
thereof.
"waterway" includes a river, creek, stream, watercourse or inlet of the sea
"works" or "operation" means the development approved under this development approval.
"you" means the holder of this development approval or owner / occupier of the land which is the subject of
this development approval.
END OF CONDITIONS
Page 6 of 8 ' 091217 Department of Environment and Resource Management
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Used in these records
Concurrence Agency Response - DERMRelated documentApplication case desk ↗
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