2506-46399 SRA_Response with conditions_MCU25-0059_OPW25-0080 · MCU25/0059

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SARA role:                              Referral agency
SARA trigger:                           Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation
                                        2017)

                                        Development application for operational works within navigable
                                        waterways

                                        Schedule 10, Part 17, Division 3, Table 1, Item 1 (Planning Regulation
                                        2017)

                                        Development application for operational works within tidal waterway
SARA reference:                         2506-46399 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         32 Noosa Parade, Noosa Heads
Real property description:              Lot 15 on N21842
Applicant name:                         Laurison James & Irene Gail Smith
                                        C/- Marine Structures
Applicant contact details:               18 Ron Parkinson Crescent
                                         Corbould Park QLD 4551
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Humans Right 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 Rosanna Nobile, Planning Officer, on (07) 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Laurison James & Irene Gail Smith C/- Marine Structures, [email protected]

enc     Attachment 1 - Referral agency conditions


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       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 – Operational work
 Schedule 10, Part 17, Division 3, Table 2, Item 1 — Tidal works or work in 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:
 Approved plan
 1.      The development must be carried out generally in accordance with               At all times
         the following plan:
              Site plan and water allocation, prepared by Marine
                  Structures, dated 21 February 2025, drawing number MS-
                  05069-01, Revision D
              Layout plan, prepared by Marine Structures, dated 25
                  February 2025, drawing number MS-05069-02, Revision F
 Lighting
 2.      (a) Light/mark all vessels, structures, plant and equipment                    For the duration of
             associated with:                                                           works and for operation
                 i.   the works, in accordance with the following                       to be maintained at all
                                                                                        times
                     specifications:
                      any anchors deployed must be marked with yellow
                         buoys and fitted with FL yellow lights fitted
                      lighting provided must not obscure, disguise or
                         otherwise interfere with the effectiveness of
                         navigational lighting.
                 ii. operations, in accordance with the following
                     specifications:
                      section 3 of AS4282-1997 Control of the obtrusive
                         effects of outdoor lighting

         (b) Lighting provided must not obscure, disguise or otherwise
             interfere with the safe navigation of other vessels, including the
             effectiveness of navigational lighting.
 Protection of navigable waterways
 3.      The construction, operation and maintenance of the pontoon and any             For the duration of
         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
             (b) be located in a high-risk maritime zone
             (c) impede the safe navigation of other ships or boats
             (d) restrict safe access to or from neighbouring structures.
 4.      Remove and dispose of any debris or similar obstruction                        For the duration or
         encountered whilst undertaking the work at an appropriately licensed           works
         facility.
 5.      All piles and/or structure to be demolished both above and below the           Prior to the completion
         waterline must be completely extracted/removed.                                of the works



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Schedule 10, Part 17, Division 3, Table 1, Item 1 — Tidal works or work in a coastal management
district— The chief executive administering the Planning Act 2016 nominates the Director-General of
The Department of Environment, Tourism, Science and Innovation 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 works must be carried out generally in accordance with the         For the duration of
        following plans:                                                       works and to be
              Site plan and water allocation, prepared by Marine              maintained
                Structures, dated 21 February 2025, drawing number MS-
                05069-01, Revision D
              Layout plan, prepared by Marine Structures, dated 25
                February 2025, drawing number MS-05069-02, Revision F
              Elevation, prepared by Marine Structures, dated 25 February
                2025, drawing number MS-05069-03, Revision F
7.      The works to which this approval relates are to be for a private       At all times
        purpose only.
8.      Any operator and contractor involved in the works to which this        During construction
        approval relates
        must:
        (a) be provided a copy of these 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.
9.      For the proposed works only use materials which are free from          During construction
        contaminants as defined under section 11 of the Environmental
        Protection Act 1994.
10.     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.




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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 3.2). 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 a material change of use for landing and operational work for
     prescribed tidal works to construct a new catwalk and pontoon system at 32 Noosa Parade,
     Noosa Heads, which is formally described as Lot 15 on N21842.
  The pontoon and catwalk is for private use and for one vessel with a maximum wet vessel beam of
     2.8 metres.
  The pontoon will be located in a canal.
  The proposed structure, including any vessel berthed, moored or attached to the structure:
            o will not encroach into, pass over or under a navigation corridor, and
            o is not located in a high-risk maritime development zone.
  SARA assessed the development against FT5 qualifying criteria checklist 4 and State code 8:
     Coastal development for tidal works, of the State Development Assessment Provisions (SDAP
     v3.2).
  The proposed structure meets the FT5 qualifying criteria checklist 4 and complies with the SDAP,
     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.
  The development complies with the assessment benchmarks of State code 8 of SDAP (version 3.2)
     in that the development:
        o does not adversely impact life, buildings and infrastructure from the impacts of coastal
            erosion
        o maintains and concerns both coastal processes and resources
        o maintains appropriate public use of, and access to and along, State coastal land
        o avoids impacts or, where the matters of state environmental significance cannot be
            reasonably avoided, impacts are reasonably minimised and mitigated
        o does not result in a significant residual impact on a matter of state environmental significance.

Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.2), 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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