Response with Conditions - 2306-35006 SRA

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Street Address:                     14 Action Street, Noosaville
Real Property Description:          Lot 290 on MCH811938
Applicant Name:                     Provectus Algae Pty Ltd
Applicant Contact Details:          5 Bartlett Road
                                    NOOSAVILLE QLD 4566
                                    [email protected]
Human Rights Act 2019               A consideration of the 23 fundamental human rights protected under the
Considerations:                     Human Rights Act 2019 has been undertaken as part of this decision. It
                                    has been determined that this decision does not limit human rights.


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 Cavannah Deller, A/ Senior Planning Officer, on 07 3244 9343 or
via email [email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Principal Planner

cc      Provectus Algae Pty Ltd, [email protected]

enc     Attachment 1 – Referral Agency Conditions
        Attachment 2 – Advice to the Applicant
        Attachment 3 – Reasons for Referral Agency Response
        Attachment 4 – Representations about a Referral Agency Response Provisions
        Attachment 5 – Documents Referenced in Conditions




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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) (Copies of the documents referenced below are found at Attachment 5)


 No. Conditions                                                                         Condition Timing

 10.6.1.3.1.1—Aquaculture—The chief executive administering the Planning Act 2016 nominates the
 Director-General of the Department of Agriculture and Fisheries 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(s):
 1.     The approved fisheries resources the subject of this approval are               Prior to commencement
        limited to the following species which are to be sourced from the               of use and to be
        CSIRO National Algae Collection:                                                maintained at all times

         Common Name of Species                 Scientific Name of Species

         -                                     Porphyridium purpureum

         -                                     Haematococcus pluvialis

        Hereafter referred to as the “approved species”.
 2.     Development is limited to aquaculture of the approved species within            At all times
        the ‘Production Area’ shown on:
             Production Layout Draft prepared by Provectus Algae, dated
              14/02/2023, drawing number Building layout and revision 0.01
             Draft prepared by Provectus Algae, dated 14/02/2023, part
              number PA-LAB-016 – Action St- Site Layout3 and revision 0.01
             Draft prepared by Provectus Algae, dated 14/02/2023, drawing
              number drawing #, part number PA-LAB-016 – Action St- Site
              Layout3 and revision 0.01
             Production Overview prepared by Provectus Algae, dated
              26/07/2023, drawing no. PA-LAB_016 and revision 1 within the
              Provectus Algae Environmental Management Plan – Action St
              prepared by Provectus Algae, dated 1 July 2023, reference PA-
              MAN-EMS and version 1.
 3.     The aquaculture facility must be operated generally in accordance               Prior to the
        with the Provectus Algae Environmental Management Plan – Action                 commencement of use
        St prepared by Provectus Algae, dated 1 July 2023, reference PA-                and to be maintained at
        MAN-EMS and version 1, in particular the Water Management,                      all times
        Wastewater Management, Pest and Disease Management and
        Emergency Preparedness sections.
 4.     This aquaculture development constitutes a place that is required to            At all times
        be open for inspection by an inspector pursuant to section 145 of the
        Fisheries Act 1994.
 5.     Aquaculture fisheries resources must not be sold, traded, or given              At all times
        away for the purposes of using for bait.
 6.     Aquaculture     fisheries       resources   must   not   be   released   into   At all times



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       Queensland waters.
       Note: It is an offence under the Fisheries Act 1994 to unlawfully release
       aquaculture fisheries resources, or cause aquaculture fisheries resources to
       be released, into Queensland waters.

7.     The movement of fisheries resources into, or within, Queensland                At all times
       must comply with the current versions of any relevant health, safety,
       and biosecurity protocols specific for moving algae species.
       Note: Health protocols and application forms can be found on the
       Department’s and Business Queensland website.
       Note: Commonwealth quarantine protocols must be successfully completed
       for the relevant organisms of any species prior to their introduction to the
       approved aquaculture development.

8.     Maintain control over the release of water from all ponds, tanks, and          Upon commencement of
       drainage systems within the approved aquaculture development.                  the use and to be
                                                                                      maintained at all times
9.     Submit written notice to the Department of Agriculture and Fisheries,          (a) At least 5 business
       via [email protected], advising when construction of the            days but no greater than
       aquaculture facility authorised under this referral agency response:           20 business days prior
                                                                                      to the commencement
         (a) will start
                                                                                      of the works
         (b) has been completed.
                                                                                      (b) Within 15 business
       Any notice must state the application’s reference number: 2306-                days of the completion
       35006 SRA.                                                                     of the fisheries
                                                                                      development works




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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) version 3.0. If a word remains undefined
       it has its ordinary meaning.
2.     Immediately report any unusual clinical signs or mortalities of any fisheries resources brought
       into Queensland, to Biosecurity Queensland.
       It is further advised that every person has a general biosecurity obligation pursuant to the
       Biosecurity Act 2014 to take all reasonable and practical measures to prevent or minimise
       biosecurity risks.
3.     This approval does not permit the harvest of broodstock and culture stock. Broodstock and/or
       culture stock may be purchased from the holder of an authority or licence that authorises the
       sale of the approved species.
       Depending on the species sought and its location, additional permits may be required under
       other legislation, for example the Environmental Protection and Biodiversity Conservation Act
       1999, the Great Barrier Reef Marine Park Act 1975, the Nature Conservation Act 1992.
4.     This approval does not provide any entitlement to access or harvest an aquaculture fisheries
       resource that becomes an unauthorised escape or release, including but not limited to:
         (a)   animal(s) stocked within the approved aquaculture development that move outside the
               area; or
         (b)   spawn or progeny of an aquaculture fisheries resource should such eggs, larvae,
               juveniles or adult progeny become distributed outside of the approved aquaculture
               development.
       The responsibility for any impact of unauthorised escapes or releases of aquaculture fisheries
       resources is with the operator. Additional permits may be required under the Fisheries Act 1994
       to authorise processes required to be readily available to effectively manage this risk.
5.     It is a requirement of the Fisheries Act 1994 that an annual aquaculture production return is
       provided to the Department of Agriculture and Fisheries in the approved form. This includes
       submitting a nil return when no aquaculture activity has occurred.
6.     It is a requirement under the Fisheries Act 1994 that the Department of Agriculture and Fisheries
       is notified of any changes to the contact details for the responsible person(s) of this development
       approval within 21 calendar days in the approved form.




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Attachment 3—Reasons for Referral Agency Response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
The development complies with State code 17: Aquaculture of SDAP. Specifically, the development:
     maintains the health and productivity of fisheries resources, fish habitat and the natural environment
     maintains commercial, recreational, and indigenous fishing access
     manages the health and productivity of aquaculture fisheries resources.

Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.0), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      section 58 of the Human Rights Act 2019



Attachment 4—Representations about a Referral Agency Response
Provisions
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Attachment 5—Documents Referenced in Conditions
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