SUPERSEDED 2311-37569 SRA - Response with conditions · MCU23/0129

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SARA triggers:                         Schedule 10, Part 17, Division 3, Subdivision 1, Table 1 (Planning
                                       Regulation 2017) - Operational work that is tidal works or work in a
                                       coastal management district

                                       Schedule 10, Part 17, Division 3, Subdivision 1, Table 2 (Planning
                                       Regulation 2017) - Operational work that is tidal works or work in a
                                       coastal management district


SARA reference:                        2311-37569 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        27 Wyuna Drive, Noosaville
Real property description:             Lot 13 on N10576
Applicant name:                        Simon & Gayle Hall
                                       C-/ The Jetty Specialist
Applicant contact details:              18 Ron Parkinson Cres
                                        Corbould Park QLD 4551
                                        [email protected]
Human Rights Act 2019                  A consideration of the 23 fundamental human rights protected under
considerations:                        the 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 Timothy Ainsworth, Planning Officer, on 5352 9714 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc       Simon & Gayle Hall, [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
   Development Permit for operational work
   Schedule 10, Part 17, Division 3, Table 1, Item 1 – Tidal works or work within a coastal management
   district —The chief executive administering the Planning Act 2016 nominates the Director-General of
   the Department of Environment and Science 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 conditions:
   1.      The development must be carried out generally in accordance with    For the duration of
           the following plans:                                                works and to be
                ‘Site plan & water allocation plan’, prepared by The Jetty    maintained
                    Specialist, dated 17/07/2023, drawing number TJS-04801-01,
                    version E
                ‘Proposed jetty’, prepared by The Jetty Specialist, dated
                    17/07/2023, drawing number TJS-04801-02, version E
                ‘Elevation’, prepared by The Jetty Specialist, dated
                    17/07/2023, drawing number TJS-04801-03, version D

   2.      The works to which this approval relates are to be for a private               At all times
           purpose only.
   3.      Any operator and contractor involved in the works to which this                During construction
           approval relates must:

                (a) be provided a copy of referral agency conditions
                (b) install all measures, plant and equipment necessary to
                    ensure compliance with the conditions of this approval
                (c) maintain such measures, plant and equipment in a proper
                    and efficient condition
                (d) operate such measures, plant and equipment in a proper
                    and efficient manner
   4.      For the proposed works only use material which are free from                   During construction
           contaminants as defined under section 11 of the Environmental
           Protection Act 1994.
   5.      Should the works become damaged as a result of erosion, flooding               At all times
           or storm tide inundation, the registered landowner(s) of the subject
           land shall be responsible for the removal of all debris at their own
           expense.
   Schedule 10, Part 17, Division 3, Table 2, Item 1 – Tidal works or work within a coastal management
   district —The chief executive administering the Planning Act 2016 nominates the Director-General of
   the Department of Transport and Main Roads 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 conditions:
   6.      The development must be carried out generally in accordance with               At all times
           the following plans:
                    ‘Site plan & water allocation plan’, prepared by The Jetty
                     Specialist, dated 17/07/2023, drawing number TJS-04801-
                     01, version E


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   7.      (a) Light/mark all vessels, structure, plant and equipment associated    For the duration of
               with the works, in accordance with Section 3 of AS4282-1997          works and for operation
               Control of the obtrusive effects of outdoor lighting.                to be maintained at all
                                                                                    times
           Lighting provided must not obscure, disguise or otherwise interfere
           with the safe navigation of other vessels, including the effectiveness
           of navigational lighting.
   8.      The construction, operation and maintenance of the pontoon. And          For the duration of
           any ship berthed, moored or attached to the structure, must not:         works, and at all times

              (a) encroach into, pass over or under a navigation corridor or
              (b) be located in a high risk maritime zone; or
           impede the safe navigation of other ships or boats; or restrict safe
           access to or from neighbouring structures
   9.      Remove and dispose of any debris or similar obstruction                  For the duration of
           encountered whilst undertaking the work at an appropriately licensed     works
           facility.
   10.     All piles and/or structure to be demolished, both above and below        Prior to the completion
           the waterline must be completely extracted/removed.                      of the 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.




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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 proposed development is for operational work for prescribed tidal works to construct a jetty and
   landing at 27 Wyuna Drive, Noosaville, Lot 13 on N10576, formally described as Lot 88 on N2184.
 The jetty and landing is for private use and for one vessel with a maximum wet vessel beam of 2.8
   metres.
 The proposed development involves operational work in a developed tidal waterway, and as such
   required assessment under the State Development Assessment Provisions (SDAP).
   SARA assessed the application against State code 7: Maritime safety, of the SDAP (v3.0) and found it
    complies, subject to conditions to ensure:
       o the development is carried out generally in accordance with the plans of development
           submitted with the application
       o that at all times, all lights on or above the development site do not interfere with safe
           navigation in surrounding waterways
       o the development does not encroach on the navigation corridor or high-risk maritime zone to
           ensure the safe passage of vessels
       o that debris from the development does not create a hazard to navigation
       o that there is no residual material that could create a hazard to navigation.
   SARA assessed the application against State code 8: Coastal development and tidal works, of the
    SDAP (v3.0) and found it complies, subject to conditions to ensure:
       o the development is carried out generally in accordance with the plan of development
           submitted with the application.
       o that at all times, the works, to which this approval relates are for private purpose only.
       o any operator and contractor involved in the works ensures impacts on coastal values
           (water quality) are avoided or minimised.
       o works only use materials which are free from contaminants as defined under section 11 of
           the Environmental Protection Act 1994.
       o damaged works as a result of erosion, flooding or storm tide inundation, the registered
           landowner(s) of the subject land shall be responsible for the removal of all debris at their
           own expense.

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




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Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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