2018-01-15 GC Agenda - Attachment 1 to Item 6 - P&E Court Appeal 344 of 2009

ecoaccess                                             |                                                         Oo
                 environmental licences and permits                                                                          .
                                                                                                                 Notice
                     |                                                   Concurrence Agency Response
          ®     The Environmental Protection Agency is recognised as a concurrence agency under the Integrated
                Planning Amendment Regulation (No. 1) 1998 for coastal management, other than amenity and aesthetic
                significance or value.                                                                    .
.         The Activity for which this development approval is issued is simply a restatement of the activity as prescribed in
          the legislation at the time of issuing this development approval. Where there is any conflict between the above
          description of the Activity for which this development approval is issued and the conditions as specified in this
          development approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions
          prevail to the extent of the inconsistency.
          This development approval authorises the Activity. It does not authorise environmental harm unless a
          concurrence agency condition within this development approval explicitly authorises that harm. Where there is
          no condition or the development approval is silent on a matter, the lack of a condition or silence shail not be
          construed as authorising harm.
          As part of the concurrence agency response the following development conditions are to be attached to the
          development approval:

          Conditions:
          Agency Interest: Coastal
             1,    The works must be undertaken in accordance with the plan listed below.
          Plan:                                                                                                                   ,
              e   Proposal Plan M1775-02C prepared by Jones Flint & Pike dated 21 September 2007.
          Additional information for applicants:
             It is a requirement of the Environmental Protection Act 7994 that if the owner or occupier of this site
             becomes aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994)
             is being carried out on this land or that the land has been affected by a hazardous contaminant, they must,
             within twenty two (22) business days after becoming aware the activity is being carried out, give notice to the
             Environmental Protection Agency, A list of Notifiable Activities is provided within Schedule 2 of the
             Environmental Protection Act 1994.
             This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104
             0 f-the-Geastal-Proteetion-and-Management-Aet-4995-dees-not-remove-the-need-to-obtain-any-furthep———+
             approvals for this development which may be required pursuant to this or other legislation, both State and         .
             Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as
             may be required.
          Additional information for the Assessment Manager:
             The Environmental Protection Agency referral agency jurisdiction for the development application is confined
             to that aspect of the application involving the triggers identified in the response. EPA has no referral
             agency jurisdiction in relation to other aspects of the development application.
             In this regard it should be noted that the State Coastal Management Pian 2001 and SEQ Regional Coastal
             Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a
             state planning policy. The assessment manager is required to give due consideration to the relevant State
             planning policies when deciding the application.

          Page 2 of 8 « 09/03   Version 1.1                                              Q oweersiane Government
          Environmental Protection Agency                                                      Environmental Protection Agency
          www.epa.qid.gov.au ABN 87 221 158 786                                                 Queensland Parks and Wildlife Service