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Owner's Consent - Minor Change
Author: Suze Collis File / Ref number: 2024/002767 Directorate / Unit: Land and Surveying Services Phone: (07) 56266830 26 June 2024 Queensland Government Martin Mulcahy International Coastal Management PO Box 306 Main Beach Gold Coast QLD 4217 Department of Resources Dear Martin, REQUEST FOR OWNERS CONSENT TO LODGE A MINOR CHANGE APPLICATION FOR EXISTING DEVELOPMENT APPROVALS MCU22/0203 AND OPW22/0304 FOR UNALLOCATED STATE LAND ADJACENT TO LOT 114 MCH839107. Reference is made to your request dated 25 June 2024 requesting owner’s consent to change a development approval for the purpose of section 79(1A) of the Planning Act 2016, for tidal works outside of a canal, over unallocated state land (USL) adjacent to Lot 114 MCH839107- Reserve for park and recreation, Noosa Heads. Works involve the dredging of material from the mouth of the Noosa River and placement of the material on Noosa Spit to provide protection against ongoing erosion. The department hereby gives owner’s consent as the owner to accompany the development application for the purpose section 79(1A) of the Planning Act 2016 to change a development approval. Brief description of the change proposed: - Minor Change to existing MCU and Tidal Works Permits for dredging and nourishment works at Noosa Dog Beach. Extend the dredge area by 50m to enable the removal of a sand bank that has migrated since design. This will maximise the effectiveness of the design in reducing erosion, while enhancing safe navigation. Although owner’s consent to the development or change application has been provided and no tenure under the Land Act is required, your client is to undertake works on the land only if and when the development or change application has been approved by the assessment manager or responsible entity, and in accordance with the conditions of that approval. A copy of this letter is to be attached to your DA Form 5 as the required evidence of owners consent. Your client will also need to comply with all other legislative and regulatory requirements which may also include approvals that are not part of the assessment of the change application under the Planning Act 2016 e.g. a marine park permit if in a marine park. Postal Address: Telephone: (07)55831721 Resources Robina PO Box 4297 Robina Town Centre 4230 QLD
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Further, please note that the above consent will expire on ?? December 2024. Should the change application not be lodged with the assessment manager or responsible entity prior to this date, your client will be required again to lodge the DA Form 5 and any attachments with this Department with a further request for owner’s consent - any further request will need to be reconsidered by the Department. It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage Act 2003 or the Torres Strait Islander Heritage Act 2003. Finally, owner’s consent is required under the Planning Act 2076 to enable the application to be considered properly made for lodging with the assessment manager or responsible entity and is a completely separate process to assessment of the application under the Planning Act 2016. Accordingly, the State may act at a later date as assessment manager or responsible entity or referral agency or affected entity in the assessment of the change application - providing owner’s consent will not influence any role the State may have in this development assessment. If you wish to discuss this matter please contact Suze Collis on (07) 56266830. All future correspondence relative to this matter is to be referred to the contact Officer at the address below or by email to [email protected]. Any hard copy correspondence received will be electronically scanned and filed. For this reason, it is recommended that any attached plans, sketches or maps be no larger than A3-sized. Please quote reference number 2024/002767 in any future correspondence. Yours sincerely Danielle Godwin A duly authorised delegate of the Minister under the current Land Act (Ministerial) Delegation Page 2 of 2