Decision Notice - Concurrence Agency - DPI&F [As Published] · 142008.252

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      and as may be amended by these conditions.
2.    Handrails shall be fitted to the access walkway as indicated on the approved drawing.
3.    Access restrictions, including a self-closing gate, shall be provided to ensure that small
      children cannot access the walkway and pontoon unattended.
4.    The Pontoon and walkway shall be wheelchair accessible to enable people with disabilities to
      use the structure to board a vessel.
5.    The height of the piles shall be limited to 3.3metres AHD.
6.    The finishes shall be generally muted colours with matt or non-reflective surfaces where
      possible and shall include black pile sleeves, black pontoon flotation cells, grey carpeted
      walkway and pontoon decks.
7.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts
      connected to the structure.
8.    Lighting associated with the use shall be solar powered and designed, installed, operated, and
      maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of
      Outdoor Lighting.
9.    The existing access pathway shall be extended to connect with the structure’s 2300mm x
      4500mm fixed jetty entrance platform. Where necessary, the width of the pathway shall taper
      to provide a smooth transition to the 2300mm width of the entrance platform.
10.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
11.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council at the completion of the works and prior to the return of any bond monies held by
      Council. The certification shall state that the works have been constructed in accordance with
      best practice methods, are in accordance with the Coastal Protection and Management Act
      1995, are structurally sound and will have no detrimental effect on the existing waterway, river
      banks, river bed or vegetation.
12.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be
      submitted, to secure performance of all conditions of this approval, prior to the commencement
      of the works. The cash bond or trading bank guarantee will be returned on performance of the
      conditions of approval less any costs incurred by Council in respect of enforcing performance
      of this permit.
13.   The requirements of this development approval are to be effected, prior to the use of the
      structure. Council reserves the right to call upon the bond or guaranteed sum referred to in this
      approval to effect compliance with conditions.
14.   The developer shall maintain the structure in a structurally sound condition to meet the
      requirements of Workplace Health and Safety Legislation applicable to its use as a public jetty
      for a period of three (3) years from completion and following acceptance of the completed
      works by Council’s Inspector.
15.   The works shall transfer to Council ownership upon completion to the satisfaction of Council.
      A final inspection and approval of the structure by Council’s Inspector is required prior to
      acceptance of the structure and prior to the return of any bond monies held by Council.
16.   The Development Permit for Operational Works of use of premises lapses if the use has not
      happened by 2 October 2010, unless an application to extend the currency is approved by
      Council.

5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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 Referral Trigger               Referral Status   Referral Agency         Referral Address

 Operational work that is       Concurrence       Queensland              Marine Operations
 prescribed tidal work                            Transport (Maritime     (Brisbane) MacArthur
                                                  Safety Queensland)      Avenue East
                                                                          PINKENBA QLD 4008


 Operational work that is       Concurrence       Environmental           Ecoaccess Customer
 prescribed tidal work.                           Protection Agency       Service Unit
                                                                          PO Box 15155
                                                                          CITY EAST QLD 4002
 Operational work that          Concurrence       Department         of   Southern Fisheries Centre
 may     be    removing,                          Primary Industries &    PO Box 76
 destroying or damaging                           Fisheries               DECEPTION BAY QLD
 marine plants under the                                                  4508
 Fisheries Act 1994 (IPA
 schedule 8, part 1 table
 4 item 8)

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.        Rev.     Plan / Document Name                      Date
 JSP-CP-491                 F        Elevation – Cardno (Qld) Pty Ltd          18 July 2008
 JSP-CP-492                 H        Site Plan & Layout – Cardno (Qld) Pty     23 May 2008
                                     Ltd

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1.      On a Sunday or public holiday, at any time; or
      2.2.      On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.




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3.     Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
       the cost of operational works exceeds $80,000, then a portable long service leave levy is
       required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
       the approved form issued by the Building and Construction Industry (Portable Long Service
       Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
       declaration outlining the cost of the operational works must be submitted to Council prior to
       commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES

Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
Not applicable

12     SUBMISSIONS

Not applicable
13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

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15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,



Kerri Coyle
MANAGER – LAND USE




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Referral  Agency Conditions –
Queensland Transport (Maritime
Safety Queensland)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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7. Any ship moored at this pontoon must not impede the safe navigation of other ships or restrict
safe access to or from neighbouring structures.

8. Any ship moored or dry berthed at this structure must not exceed the following sizes:

Wet Berth Dry Berth
Length Overall - 15.0 metres . NIA
Beam - 5.0 metres

9. The contractor must construct the pontoon within two years from the date of approval. If
-construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety Queensland does not need to be further corisulted if all of the above conditions are
met.

The above conditions must be included in your application to the assessment manager.
This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

Captain Peter J
Acting Regional Ma)

 

gt

ur Master (Brisbane)

 

Maritime Safety Queensland . Page 2 of 2

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Referral Agency Conditions                           –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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ecoaccess
environmental licences and permits
Response
Concurrence Agency Response
Plans:
Drawing Numbers:

Drawing No: JSP-CP-490 prepared by Cardno (Qld) Pty Ltd dated 20/08/01
Drawing No: JSP-CP-491 prepared by Cardno (Qld) Pty Ltd dated 20/08/01
Drawing No: JSP-CP-492 prepared by Cardno (Qld) Pty Ltd dated 20/08/01

Reasons for the inclusion of development conditions

In accordance with Section 3.3.18(7) of the Integrated Planning Act 1997 and Section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:

. 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. Development conditions placed on the development approval for the application are
in accordance with section 106 of the Coastal Protection and Management Act 1995.

Additional information for applicants

Itis a requirement of the Environmental Protection Act 1994 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
of the Coastal Protection and Management Act 1995 does not remove the need to obtain any further
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 Plan 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.

Additional comments or advice about the application
Values

A iversity Planning Assessment undertaken by the Environmental Protection Agency (EPA) identified the
following values for Lot 603 on Plan SP188270:

 

 

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ecoaccess

environmental licences and permits
Response

Concurrence Agency Response

*  Palustrine referable wetland consisting of regional ecosystem (RE) 12.3.4, Melaleuca quinquenervia,
Eucalyptus robusta open forest on or near coastal alluvial plains, located immediately to the west of the
pontoon site. This is considered an ‘of concern’ remnant vegetation community. It is core habitat for the
acid frogs Crinia tinnula and Litoria freycineta and non-core for Litoria olongburensis; and core habitat
for koala, Phascolarclos cinereus under the SEQ Threatened Species Habitat layer. It is of State
biodiversity significance for Endangered, Vulnerable and Rare (EVR) taxa.

« RE12.2.1/12.2.5, containing palustrine wetland, described as 70/30 notophyll/evergreen notophyll vine
forest and; open-forest to low closed forest. This complex is located within the development footprint
along the foreshore. This RE is described as of ‘very high’ conservation value and poorly conserved
within the subregion. It contains ‘special biodiversity values’ consisting of a riparian bioregional corridor.
It is core habitat for the acid frogs Crinia tinnula, Litoria freycineta and Litoria olongburensis and non-
core for Litoria cooloolensis, and non-core habitat for koala, Phascolarctos cinereus.

« RE 12.2.5 comprises the bulk of the site and is listed as a referable wetland (51 -80% wetland
vegetation).

« A South East Queensland (SEQ) riparian corridor of State biodiversity significance traverses the site.

« The site is classified as both Regional Landscape and Rural Production Area and Urban Footprint under
the SEQ Regional Plan, 2005- 2026. The location of works appears to be on the boundary however
should be entirely within the urban footprint.

* The western portion of the site is designated as Koala Conservation Area under the Nature
Conservation (Koala) Conservation Pian, 2006. The tocation of the pontoon appears to be very close to
this boundary.

Advice relating to Biodiversity Matters:

Policy 2.1.5, Maritime Infrastructure, of the State Coastal Management Plan — Queensland's Coastal Policy
2001 (SCMP) does appear to allow the construction of new pontoons connected to State land under (e) such
facilities were clearly identified as being intended as part of an assessment for new urban development on
adjacent land and the facilities are connected to that land. The original development application approved by the
Noosa Council on 13 July 2005 including plan 1128 RHD OA, Amendment A indicates the proposed pontoon
and catwalk (Refer to Environment & Planning Committee Reports 30/11/07, pg. 2).

The EPA acknowledges that the pontoon is to be designated as a public facility once constructed, as stated in
Noosa Council correspondence to the Department of Natural Resources and Water dated 11 December 2007.
This outcome appears to be supported by Policy 2.1.5, Maritime Infrastructure of the SCMP, which states that a
public facility would be the most appropriate arrangement for a pontoon connected to State fand on the coast.

Based on the significant environmental attributes identified on Lot 603 Plan SP188270, an ecological
assessment of the site should have been provided to demonstrate that there are to be no adverse impacts on
the ecological values and functioning of the area. Additionally, information on how the pontoon will be:
constructed and accessed was not provided.

The referable wetland is described as a ‘significant coastal wetland’ under the criteria of Policy 2.8.1 Areas of
state significance (natural resources) (a) (vi) State and Regional Coastal Management Plans — Queensland's
Coastal Policy — Implementation Guideline for Development Assessment November 2007. A policy outcome
against which development is to be assessed is that “Future land uses are located outside areas of state
significance”. Only existing urban, maritime and rural land uses can expand provided that there will be no
adverse impacts on coastal resources. Significant coastal wetlands may need a buffer area greater than 200m
(refer to Regional Vegetation Management Code for SEQ Bioregion, 2006: Part P, PR P.2 Wetlands for RE
12.3.4; does not apply if pontoon is located in RE 12.2.1/ 12.2.5).

Construction of proposed pontoon

The construction of the maritime infrastructure may involve the clearing of riparian vegetation which would
trigger Policy 2.8.2 Coastal Wetlands of the SCMP. Should this occur the applicant would need to demonstrate
how the development maintains coastal wetland functions to provide habitat for threatened species (including
acid frogs and koalas). Similarly, Policy 2.8.3 Biodiversity requires the retention of riparian vegetation along
waterways of sufficient width to provide for a self-sustainable, linked network (i.e. maintenance of aquatic and
terrestrial habitats and movement corridors for native animals).

 

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ecoaccess

environmental licences and permits
Response

Concurrence Agency Response

 

Should you have any queries in relation to this Response, please contact Jackie Mahon, the Project Manager,
‘on the telephone listed below.

Yours sincerely

(at 21 (es[or.

 

 

 

 

 

Signature Decision Date
Ben Sale Enquiries:
Team Leader Brisbane North — Environmental Operations
Brisbane North — Environmental Operations Environmental Protection Agency
Environmental Protection Agency PO Box 168
COTTON TREE QLD 4558

Telephone: 07 5459 6132
Facsimile: 07 5443 9927

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Referral  Agency Conditions –
Department of Primary Industries &
Fisheries
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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3. Approved plans
The approved plans for this development approval are listed in the following table

 

 

 

 

 

 

Project Project Title Plan No. Dated
Consultants
Cardno (Qid) Proposed Site Plan & JSP-CP-492 23/05/08
Ply Ltd Pontoon & Layout Issue H
Catwalk for
Settlers Cove
Development

 

 

 

4. Relevant period:
No recommendation is offered in relation to the relevant period for this development
approval

5. Additional advice to the proponent

Native Title
Native Title notification, if relevant, is the responsibility of the assessment manager.

Cultural Heritage

Under 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"). An assessment
of your proposed activity against the duty of care guidelines will help you determine
whether or to what extent Aboriginal cultural heritage may be harmed by your activity.
If following an assessment of the duty of care guidelines you believe cultural heritage
may be harmed by your proposed activity, you should contact the Cultural Heritage
Coordination Unit for further advice on (07) 3238 3838. Further information on
cultural heritage and a copy of the duty of care guidelines and cultural heritage
search forms can be obtained from www.nrm.qid.gov.au.

Acid Sulfate Soil

Any soil disturbance resulting from development works should be managed to
prevent acid sulfate soil development as outlined in the current version of the Qid
Acid Sulfate Soils Technical Manual Soil Management Guidelines. To obtain a copy
of this document or for further information on acid sulfate soils, please contact
Queensland Acid Sulfate Soils Investigation Team (QASSIT) on 3896 9819 or access
the website www.nrm.qid.gov.au .

aglliger

Delegate of the
Chief Executive

ai Mflidpe ‘oh.

 

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                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                (5) If an application is processed under section
Planning Act (Chapter 4).                                  6.1.28(2), appeal rights for submitters for the
                                                           application are available only for the aspects of the
Division 8 - Appeals to court relating to                  development that would have required public
development applications                                   notification under the repealed Act.
Appeals by applicants
4.1.27.(1) An applicant for a development                      (6) If an application involves assessment
application may appeal to the court against any of         against a concurrence agency code, appeal rights
the following-                                             for submitters for the application are not available
                                                           against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a              concurrence agency’s response for the code.
    development application;
                                                           Appeals by advice agency submitters
(b) a matter stated in a development approval,
    including any condition applying to the                4.1.29.(1) An advice agency may, within the limits
    development, and the identification of a code          of its jurisdiction, appeal to the court about the
    under section 3.1.6;
                         1                                 giving of a development approval for a
                                                           development application if-
(c) the decision to give a preliminary approval
    when a development permit was applied for;             (a) the development application involves impact
                                                               assessment; and
(d) the length of a currency period;
                                                           (b) the advice agency told the applicant and the
(e) a deemed refusal.                                          assessment manager to treat its response to
    (2) An appeal under subsection (1)(a) to (d)               the application as a submission for an appeal.
must be started within 20 business days (the                   (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the             business days after the day the decision notice or
decision notice or negotiated decision notice is           negotiated decision notice is given to the advice
given to the applicant.                                    agency as a submitter.
    (3) An appeal under subsection (1)(e) may be           Appeals for matters arising after approval given
started at any time after the last day a decision on       (co-respondents)
the matter should have been made.
                                                           4.1.30.(1) For a development approval given for a
Appeals by submitters                                      development application, a person to whom any of
4.1.28.(1) A submitter for a development                   the following notices have been given may appeal
application may appeal to the court about-                 to the court against the decision in the notice-
(a) the giving of a development approval, including        (a) a notice giving a decision on a request for
    any conditions (or lack of conditions) or other            extension of the currency period for an
    provisions of the approval; or                             approval;
(b) the length of a currency period for the approval.      (b) a notice giving a decision on a request to make
    (2) The appeal must be started within 20                   a minor change to an approval.
business days (the “submitters appeal period”)                 (2) The appeal must be started within 20
after the day the decision notice or negotiated            business days after the day the notice of the
decision notice is given to the submitter.                 decision is given to the person.
    (3) If a person withdraws a submission before              (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not             approval resulted from a development application
appeal the decision.                                       (superseded planning scheme) that was assessed
    (4) If an application involves both impact             as if it were an application under a superseded
assessment and code assessment, appeal rights              planning scheme.
for submitters are available only for the part of the          (4) Also, a person who has made a request
application involving impact assessment.                   mentioned in subsection (1) may appeal to the
                                                           court against a deemed refusal of the request.
                                                               (5) An appeal under subsection (4) may be
                                                           started at any time after the last day the decision
                                                           on the matter should have been made.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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Division 9 - Appeals to court about other
matters                                                Appeals by applicants
Appeals for matters arising after approval given       4.2.9(1) An applicant for a development application
(no co-respondents)                                    may appeal to the Building and Development
4.1.31.(1) A person to whom any of the following       Tribunal against any of the following-
notices have been given may appeal to the court        (a) the refusal, or the refusal in part, of a
against the decision in the notice-                        development application;
(a) a notice giving a decision on a request to         (b) a matter stated in a development approval,
    change or cancel a condition of a development          including any condition applying to the
    approval.                                              development, and the identification of a code
                                    2                                           3
(b) a notice under section 6.1.44 giving a decision        under section 3.1.6;
    to change or cancel a condition of a               (c) the decision to give a preliminary approval
    development approval.                                  when a development permit was applied for;
    (2) The appeal must be started within 20           (d) the length of a period mentioned in section
business days after the day the notice of the              3.5.21 currency period;
decision is given to the person.
                                                       (e) a deemed refusal.
    (3) Also, a person who has made a request
                                                           (2) An appeal under subsection (1)(a) to (d)
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.         must be started within 20 business days (the
                                                       “applicant’s appeal period”) after the day the
    (4) An appeal under subsection (3) may be          decision notice or negotiated decision notice is
started at any time after the last day the decision    given to the applicant.
on the matter should have been made.
                                                           (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval           started at any time after the last day a decision on
conditions under the repealed Act                      the matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a        The Registrar for the Building and Development
decision made on an application to change the          Tribunal may be contacted at the website
conditions attached to an approval given under         http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-                       For Infrastructure Charges Only
(a) the decision; or                                   4.1.36 Appeals about particular infrastructure
(b) a deemed refusal of the application.               charges
    (2) An appeal under subsection (1)(a) must be      (1) This section applies to a person who has
started within 20 business days after the day notice   been given, and is dissatisfied with, an
of the decision is to be given to the person.          infrastructure charges notice or a regulated State
                                                       infrastructure charges notice.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on   (2) The person may appeal to the court against
the matter should have been made.                      the notice.
Appeals against local laws                             (3) The appeal must be started within 20 business
                                                       days after-
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions       (a) if the notice is given because of a
applied under a local law about the use of premises         development approval or master plan
or the erection of a building or other structure            approval-the day the applicant is given notice
permitted by the planning scheme may appeal to              of the decision about the approval; or
the court against the decision or the conditions       (b) otherwise-the day the notice is given to the
applied.                                                    person.
    (2) The appeal must be started within 20           (4) An appeal under this section may only be
business days after the day notice of the decision     about-
is given to the applicant.                             (a) whether a charge in the notice is so
For Building Works Only                                     unreasonable that no reasonable relevant local
Rights of appeal conferred by Section 4.2.9 of the          government, State infrastructure provider or
Integrated Planning Act 1997 as follows:                    coordinating agency could have imposed it; or
Division 3 – Appeals to tribunals relating to          (b) an error in the calculation of the charge.
development applications                               (5) To remove any doubt, it is declared that an
                                                       appeal under this section can not be about the
                                                       methodology used to establish the charge in the

2
     Section 6.1.44 (Conditions may be changed or
                                                       3
    cancelled by assessment manager or concurrence          Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                       local planning instrument)
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relevant infrastructure charges schedule or
regulated State infrastructure charges schedule.




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