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2008/1128 Concurrence and Advice Agency Response DERM · 132008.1128
:CRCC
B0379128
Department of Environment
and Resource Management Notice
Concurrence and Advice Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to section 3.3.16 of the
Integrated Planning Act 1997 ('the Act').
Chief Executive Officer cc. Blue Care
Sunshine Coast Regional Council Cl- JB Goodwin Midson & Partners
Locked Bag 72 1/12 Technology Drive
SUNSHINE COAST MAIL CENTRE QLD 4560 WARANA QLD 4575
7
Attention: Tracy Lynn Jones Attention: Drew Westbrook
A
RECEIVED
Y^ DERM reference: IC0708GYMOO 12_SC 14120_379210
Assessment Manager ref.: 2008/1128
20 JUt '011 Applicant reference: 13011
SCRC
>. Nambour ^j
1. Application details
Date properly referred to DERM: 18 July 2008
Development approval for: Development permit for a material change of use and reconfiguring
a lot
Aspects of development:
Material change of use - Clearing vegetation
Integrated Planning Regulation 1998 - Schedule 2, table 3, item 11
- Reconfiguring a lot - Clearing vegetation
Integrated Planning Regulation 1998 - Schedule 2, table 2, item 4
Material change of use - Development in a koala conservation area
or koala sustainability area, other than an SEQ urban footprint area
Integrated Planning Regulation 1998 - Schedule 2, table 3, item 18
Reconfiguring a lot - Development in a koala conservation area or
koala sustainability area, other than an SEQ urban footprint area
Integrated Planning Regulation 1998 - Schedule 2, table 2, item 33
Material change of use - Land in or near a wetland
Integrated Planning Regulation 1998 - Schedule 2, table 3, item 20
- Reconfiguring a lot - Land in or near a wetland
Integrated Planning Regulation 1998 - Schedule 2, table 2, item 38
Material change of use - Land in or near a conservation estate
Integrated Planning Regulation 1998 - Schedule 2, table 3, item 21
Reconfiguring a lot - Land in or near a conservation estate
Integrated Planning Regulation 1998 - Schedule 2, table 2, item 39
Page 1 of 4 •091217
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Notice -
Concurrence and Advice Agency Response
Development descriptions: Material change of use for multiple housing (retirement and special
needs), commercial business, medical and wellbeing (health); and
Reconfiguring a lot (1 lot into 2 lots)
Property/Location description: Lot 6 on RP901384 (Grasstree Court, Sunrise Beach Q 4567);
Lot 7 on RP890947 (Ben Lexcen Drive, Sunrise Beach Q 4567);
Lot 1 on SP177650 (Cooyar Street, Noosa Heads Q 4567); and
Lot 8 on RP901384 (2 Grasstree Court, Sunrise Beach Q 4567)
2. Department of Environment and Resource Management (DERM) that Referral Agency Responses were
previously issued by the former Environmental Protection Agency. As of 26 March 2009, the
Environmental Protection Agency and Department of Natural Resources and Water combined to create
the DERM. As such, this Referral Agency Response incorporates all DERM Referral Agency
jurisdictions, and is taken to be DERM's whole-of-department response.
3. The Chief Executive, DERM, concurrence agency response for the concurrence agency referral
jurisdiction for the aspect of development involved with the application the subject of this Notice is to tell
the assessment manager as follows:
3.1 Reconfiguring a lot and Material change of use - Clearing vegetation
Schedule 2, table 3, item 11 and Schedule 2, table 2, item 4 - Integrated Planning Regulation 1998
- Conditions must attach to any development approval, and those conditions are attached to this
Notice.
3.2 Reconfiguring a lot and Material change of use - Development in a koala conservation area or
koala sustainability area, other than an SEQ urban footprint area
Schedule 2, table 3, item 18 and Schedule 2, table 2, item 33 - Integrated Planning Regulation
1998
Conditions must attach to any development approval, and those conditions are attached to this
Notice. The Environmental Protection Agency had previously issued a response for this aspect
of the development dated 30 January 2009 (Referral Agency Response) and 27 March 2009
(Amended Referral Agency Response). A copy is attached to this notice.
4. The Chief Executive, DERM, advice agency response for the advice agency referral jurisdiction for the
aspect of development involved with the application the subject of this Notice is to recommend to the
assessment manager as follows:
4.1 Reconfiguring a lot and Material change of use - Land in or near a wetland
Schedule 2, table 3, item 20 and Schedule 2, table 2, item 38 - Integrated Planning Regulation
1998
The advice agency has provided recommendations to the Assessment Manager and those
recommendations are attached to this Notice.
4.2 Reconfiguring a lot and Material change of use - Land in or near a conservation estate
Schedule 2, table 3, item 21 and Schedule 2, table 2, item 39 - Integrated Planning Regulation
- The advice agency has provided recommendations to the Assessment Manager and those
recommendations are attached to this Notice.
Page 2 of 4 • 091217 Department of Environment and Resource Management
Page 3
Notice
Concurrence and Advice Agency Response
5. General advice to assessment manager
Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
application at PO Box 573, Nambour QLD 4560.
The State's Native Title Work Procedures provide that responsibility for assessment of native title issues
for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for
the relevant application has not provided notification to native title parties.
6. Additional information for applicants
Contaminated Land
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land
becomes aware a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental
Protection Act 1994) is being carried out on the land, or that the land has been, or is being,
contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after
becoming so aware, give written notice to the Department of Environment and Resource Management.
Aboriginal Cultural Heritage Act 2003
DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
applicants under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to
include this information as an Advisory Note on the Decision Notice issued for the application.
Under section 23 of 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"). Maximum penalties for breaching the duty of care are
$1,000,000 for a corporation and $100,000 for an individual.
Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party
for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural
Heritage Act 2003.
Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit,
DERM. Application forms to undertake a free search of the Cultural Heritage Register and the Database
may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the
DERM website www.derm.gld.gov.au/cultural heritage
Delegate Enquiries:
Department of Environment and Resource Management
Centenary Square Building,
Currie Street, Nambour. QLD 4560
PO Box 573, Nambour. QLD 4560
Daniel Leo Telephone + 61 7 5451 2256
Senior Planning Officer Facsimile + 61 7 5451 2260
Regional Planning and Coordination (Nambour) Email DACoordination SEQNorth (Qderm.gId.gov.au
Planning and Assessment - SEQ Website www.derm.aid.gov.au
16 June 2011
Page 3 of 4 •091217 Department of Environment and Resource Management
Page 4
Notice
Concurrence and Advice Agency Response
Attachment - DERM Concurrence Referral Agency Response (Vegetation Management)
- DERM Advice Referral Agency Response (Wetlands & Conservation Estate)
- EPA Concurrence Referral Agency Response (Koala Conservation)
Page 4 of 4 • 091217 Department of Environment and Resource Management
Page 5
Department of Environment
and Resource Management
Integrated Planning Act 1997
DERM Permit' number: Trackjob:IC0708GYM0012 elvas: 2008/006268
Assessment manager: Sunshine Coast Regional Council
Assessment manager reference: 2008/1128
Date application received: 18 July 2008
Permit type: concurrence agency response
Date of decision: 3 June 2011
Decision: Conditions included in this Notice must attach to any development
approval given by the Assessment Manager.
Relevant laws and policies: Integrated Planning Act 1997; Vegetation Management Act 1999;
DERM Concurrence Agency Policy for Reconfiguring a Lot (RAL) -
23 August 2007. DERM Concurrence Agency Policy for Material
Change of Use (MCU) 23 August 2007.
Jurisdictions: Schedule 2, Table 2, Item 4 and Schedule 2, Table 3, Item 11 of
Integrated Planning Regulation 1998.
Development Description
Property/Location Development
Grasstree Court and Ben Lot 6 RP901384 Reconfiguring a lot (RaL)
Lexcen Drive, Sunrise Lot 1 SP177650 Material Change of Use (MCU)
Beach. Lot 8 RP901384
Lot 7 RP890947
Reasons for inclusion of conditions
In accordance with section 3.3.18(8) of the Integrated Planning Act 1997, the reasons for inclusion of conditions
in this concurrence agency response are as follows.
Lot 1 SP177650 supports areas of mapped remnant vegetation shown on the certified Regional Ecosystem
Map. The clearing of vegetation within mapped remnant vegetation is regulated by DERM under the authority of
the Vegetation Management Act 1999.
The northern part of this lot is zoned as community services and the southern part, open space conservation
within the applicable planning scheme: the Noosa Plan. The northern part of the property is also bordered to
1
Permit includes licences. approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by I egislation
administered by the Department of Environment and Resource Management.
Page 1 of 2 • 091217
Department of Environment and Resource Management IV Queensland Government
www.derm.gld.gov.au ABN 46 640 294 485
Page 6
the west with an area zoned open space conservation. The areas identified as community services are
considered to be urban areas while the areas identified as open space conservation are not considered to be
urban areas. The zoning map: Eastern Beaches (Zone Map ZM4) in the Noosa Plan was amended on the 23
May 2011. Subsequently, DERM Vegetation Management (VM) have considered the amended map in the
assessment of this application.
DERM VM have assessed the application against the Concurrence Agency Policy for Reconfiguring a lot (RaL)-
23 August 2007 (RaL Policy) / Concurrence Agency Policy for Material Change of Use (MCU)- 23 August 2007
(MCU Policy) and determined that the application meets the requirements of Criteria Table B because clearing
of assessable vegetation as a result of the RaL / MCU will only occur in urban areas.
DERM has directed the assessment manager to include conditions in any development approval given for the
application to ensure that assessable vegetation outside of urban areas will not be cleared and any
development approval remains consistent with the RaU MCU Policies.
Delegate
Andrew Collins
Senior Vegetation Management Officer
Delegate, Chief Executive administering the Vegetation Management Act 1999,
Department of Environment and Resource Management
3 June 2011
Conditions
1. New Infrastructure other than a fence, road and underground services must not to be located in Area A
on the attached Referral Agency Response (Vegetation) Plan RARP2008/006268.
2. New infrastructure must not be established as a result of the Material Change of Use and Reconfiguring
a Lot development in the area identified as Open Space Conservation on Zone Map ZM4 Eastern
Beaches, version amended 23 May 2011, The Noosa Plan.
3. Clearing of native vegetation must not occur as a result of the Material Change of Use and
Reconfiguring a Lot development in the area identified as Open Space Conservation on Zone Map ZM4
Eastern Beaches, version amended 23 May 2011, The Noosa Plan.
End of Conditions
Attachment 1 - Referral Agency Response (Vegetation) Plan RARP2008/006268
Attachment 2 - Zone Map ZM4 Eastern Beaches, version amended 23 May 2011, The Noosa Plan.
Page 2 of 2 ' 091217 Department of Environment and Resource Management
Page 7
860
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LEGEND
• Derived Reference Points for GPS Referral Agency Response (Vegetation) Plan
Plan of Area A in Lot 1 on SP177650
FI Subject Lot(s) N Queensland
Government
Area A - Specific conditions apply - see Referral
® Agency Response 2008/006268 for details
Trackjob No. IC0708GYM0012
CENTRE: GYMPIE REGION: SOUTH EAST /^ p
LOCALITY OF NOOSA HEADS, SUNRISE BEACH LOCAL GOVT: SUNSHINE COAST RARP
Map Reference: 9545 Compiled from: DCDB, PVMP & VMO Notes 2008/006268
File Reference: 2008/006268 Prepared by: LMO Date: 01 June 2011 Sheet I of I
Page 8
e oosa an [OCR of page images] a
Page 9
;environmental licences and permits
Notice
Amended Concurrence Agency Response
This notice is issued by the Department of Environment and Resource management pursuant to Sections 3.3.17 and
3.3.18 of the Integrated Planning Act 1997 to advise of a decision or action.
The Uniting Church in Australia Property Trust (Old) CC: Sunshine Coast Regional Council
Blue Care PO Box 117
Cl- JB Goodwin Midson & Partners CALOUNDRA QLD 4551
1/12 Technology Drive
WARANA QLD 4575
Our reference: 328052
Dear Sir/Madam
Re: Amendment to Concurrence Agency Response
The Department of Environment and Resource Management (DERM) wishes to advise that the referral for a
concurrence agency response relating to the Nature Conservation (Koala) Conservation Plan 2006 and
Management Program 2006-2016 (the Koala Plan), received on 21 July 2008 and decided on 22 January
2009 has been amended on 27 March 2009.
Property/Location:
Street address: Grasstree Court SUNRISE BEACH QLD 4567
Lot/Plan: Lot 1 on SP177650, Lot 6 & 8 on RP901384, Lot 7 on RP890947
Details of the recommendation
Aspect of Development
- MCU of land in or within 100m of a conservation estate
MCU on land in or within 100m of a wetland
- Reconfiguation of a lot on land in or within 100m of a conservation estate
- Reconfiguation of a lot on land in or within 100m of a wetland
- Concurrence Response for Development in a Koala Habitat Area
- A material change of use of premises in a koala conservation area
- Concurrence Response for Development in a Koala Habitat Area
- Reconfiguring a lot in a koala conservation area that will result in an increased number of lots; or the
clearing of native vegetation over an area greater than 2500m2
Page 1 of 5 • AF080109
Queensland Government
Environmental Protection Agency
Environmental Protection Agency Queensland Parks and Wildlife Service
www.epa.gld.gov.au ABN 87 221 158 786
Page 10
ecoaccess
environmental licences and permits
Notice
Amended Concurrence Agency Response
Recommendation
Approve in full with conditions
The approved plans
The approved plans and/or documents for this approval are:
Plan/Document No. Plan/Document Name Date
Response to Information Request 27 November 2008
Blue Care Sunrise Beach Development
Prepared by: Place Planning Design Environment
Job No.13011 Town Planning Assessment Report - Retirement Village June 2008
and Aged Persons Home, Grasstree Court, Sunrise Beach
QLD 4567
Prepared by. JB Goodwin Midson & Partners
Attachment 4 Ecological Assessment Report for Proposed Age Care 25 November 2008
Facility, Grasstree Court, Sunrise Beach
Prepared by Place Planning Design Environment
Bushfire Hazard Management Plan 29 September 2008
2 Grasstree Court, Sunrise Beach
Prepared by. Land Graphics Landscape architects
DERM Concurrence Conditions of Approval
The following conditions are to be placed on the final decision notice which pertain to fulfilling the
requirements of the Koala Plan for committed development in a Koala Conservation Area.
Community Infrastructure Footprint
1. Development must be wholly contained within the portion of the lot zoned for community infrastructure.
Building envelopes and associated infrastructure must be placed in the location as shown on the Blue
Care Development Master Plan.
2. The Vegetation Management Plan and Fauna Management Plan are to be submitted to the DERM prior
to the commencement of operational works.
Retention of Koala Habitat Trees
3. All koala habitat trees with a height of 4m or greater or a diameter of 10cm or greater at 1.3m above the
ground outside of the approved development zone, which is bound by the fire trail to the south and west
boundaries and the existing lot boundaries to the north and east, will be retained with the following
exceptions:
(a) Koala habitat trees identified within the proposed western (southern most) detentionlbio-retention
basin site (Plan No.238301-SK020);
(b) Koala habitat trees identified within the proposed northern detention/bio-retention basin site (Plan
No.238301-SK020); and
Page 2 of 5 • AF080109 Department of Environment and Resource Management
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ecoaccess
environmental licences and permits
Notice
Amended Concurrence Agency Response
(c) Koala habitat trees identified within the building areas which extend into to the western
conservation buffer zone.
Rehabilitation of Koala Habitat
4. Rehabilitation of koala habitat is to be undertaken in accordance with the current Landscape Plan,
Vegetation Management Plan and Bushfire Assessment Report to be submitted to the DERM and
Sunshine Coast Regional Council prior to commencement of operational works.
a) Plant species assemblage, density and distribution including the understorey should resemble the
surrounding regional ecosystem.
b) Depending on availability, all koala habitat tree species are to be derived from local seed stock.
Alternative stock (preference given to 'native to area' species) can be used if prior approval is given
by the DERM.
c) Suitable protective measures are required to be installed around the rehabilitation area(s) at the time
of planting and remain in place until the maintenance period has finished.
d) All revegetation must be completed within one (1) year of the date an operational works approval is
issued by Sunshine Coast Regional Council.
e) Maintenance of all completed revegetation is to be undertaken by the applicant over a period of two
(2) years, commencing from the date revegetation is completed. Maintenance actions are to address
the following:
• stabilisation of soil structure;
• replacement of dead or diseased tree plantings;
• regular watering, taking into consideration current water restrictions; and
• removal and management of noxious plant and environmental weed species.
Construction in a Koala Habitat Area
5. Clearing and construction on the subject site must be limited to the hours between 6am and 6pm.
6. During construction, the driving and parking of vehicles, as well as stockpiling of soil and other materials,
must be carried out away from the root zone of trees to be retained.
7. The applicant shall ensure that all employees, contractors, subcontractors, agents or any other person
engaged or employed to carry out building works under this Development Permit comply at all times with
the requirements of this Development Permit and do not clear any vegetation that is not approved to be
cleared under this Development Permit or in a manner that is inconsistent with it.
8. The applicant shall notify the DERM Customer Service Centre on phone (07) 3227 8185 or email at
koala. plan (d-)epa.gld.gov.au at least 5 business days prior to the commencement of any clearing of koala
habitat trees on the subject site of the date clearing is to commence and the koala spotter to be used.
9. Domestic dogs are not permitted on the site during construction.
Traffic
10. Traffic entering and exiting the site should be kept to a minimum between the hours of 6pm and 6am.
11. Signage depicting a koala and a maximum speed limit of 30km/h should be erected at the entrance to
the site to inform visitors that koalas may be present on the site.
Page 3 of 5 • AF080109 Department of Environment and Resource Management
Page 12
ecoaccess
environmental licences and permits
Notice
Amended Concurrence Agency Response
Fencing
12. The fence to be erected along the western boundary of the conservation buffer zone is to be built with
the intentions of the proposed design plan (Figure 4. Koala Fence Detail, project BCR09).
13. The barrier fence to be erected on the eastern boundary (along Ben Lexen Drive) is to be designed as a
'koala exclusion' fence to prevent eastward movement of fauna.
14. Any future fencing along the southern and northern boundary is to be endorsed by the DERM and
Sunshine Coast Regional Council prior to construction.
Landscaping
15. Any landscaping to be undertaken on the subject site must consist of at least 70% Australian plants, of
which, 50% are native to the area including koala habitat trees native to the area.
Lighting
16. Artificial lighting on the subject site must be operated to ensure It Is directed away from adjacent native
vegetation and minimises impacts to koalas and other wildlife inhabiting or moving through the adjacent
vegetation.
Definitions
"Koala friendly fencing" is defined as a fence that:
a. allows koalas to easily climb through or over the fence by choosing materials such as post and rail
and leaving at least a 30cm gap between ground level and the first rail or strand; or
b. Provide a means for koalas to get over a fence that cannot be easily climbed by:
i. installing a timber post leaning against the fence at a 45 degree angle on either side;
ii. planting vegetation within close proximity on either side of the fence to provide a natural
ladder;
iii. installing planks or panels horizontally along the top of the fence to provide a walkway; and
iv. building the fence around existing trees and vegetation.
"Koala habitat trees" are defined in the Nature Conservation (Koala) Conservation Plan 2006. They
include tree species of the Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca genera.
"Subject site" Lot 6 on RP901384 and Lot 1 on SP1 77650 and Lot 7 on RP890947 and Lot 8 RP901384
Advice to Applicant and Council
The clearing of koala habitat trees must be undertaken in accordance with sections 15 and 16 of the Nature
Conservation (Koala) Conservation Plan 2006. The applicant shall notify the Department of Environment
and Resource Management (DERM) Customer Service Centre on phone (07) 3227 8185 or email at
koala.plan(o)_epa.gld.gov.au at least 2 business days prior to the commencement of any clearing of koala
habitat trees on the subject site of the date clearing is to commence and the koala spotter to be used.
Koalas that are identified on the site during construction are not to be captured and relocated. Translocation
is prohibited under the Nature Conservation Act 1992. Should a koala be found sick or injured the fauna
spotter must either take it to the nearest treatment facility or contact QPW hotline on 1300 130 372.
The above DERM concurrence conditions are the full responsibility of the applicant and new landholders.
The DERM recommends that Sunshine Coast Regional Council place a notation on the proposed allotments
which alerts potential landowners when conducting a property search to the development conditions on the
property, in particular, koala sensitive dog ownership.
Page 4 of 5 • AF080109 Department of Environment and Resource Management
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ecoaccess
onviwnmuntal licences and permits
Notice
Amended Concurrence Agency Response
Assessment Manager Responsibilities
Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997
that a copy of the final Decision Notice (which includes the DERM's concurrence response) for this
application issued by the Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore
could you please send a signed hardcopy to the DERM's Ecoaccess Customer Service Unit, PO Box 15155
CITY EAST 4002 and an electronic copy to eco.access tx t7epa.gld.gov.au.
If you require more information, please contact Brett Manning, the Project Manager, on the telephone
number listed below.
Yours sincerely
Enquiries:
David Baker Brett Manning
Manager Project Manager
Koala Conservation Unit Koala Conservation Unit
Threatened Species Level 8, 160 Ann Street
Sustainable Communities CITY EAST QLD 4002
Department of Environment and Resource Management Phone: (07) 3227 8487
Fax: (07) 3227 6386
Email:[email protected]
27 March 2009
Page 5 of 5 • AF080109 Department of Environment and Resource Management
Page 14
Department of Environment
and Resource Management
Sustainable Planning Act 2009
DERM Wetlands & Conservation Estate Referral Agency Response
Assessment manager reference: 2008/1128
Date application received: 18 July 2008
Permit' type: Advice Agency Response
Decision: Recommendations
Relevant laws and policies: Coastal Protection and Management Act 1995,
Environmental Protection Act 1994, and
Nature Conservation Act 1992
Jurisdiction(s): Material change of use - Land in or near a wetland (Integrated
Planning Regulation 1998 - Schedule 2, table 3, item 20)
Reconfiguring a lot - Land in or near a wetland (Integrated
Planning Regulation 1998 - Schedule 2, table 2, item 38)
- Material change of use - Land in or near a conservation estate
(Integrated Planning Regulation 1998 - Schedule 2, table 3,
item 21)
Reconfiguring a lot - Land in or near a conservation estate
(Integrated Planning Regulation 1998 - Schedule 2, table 2,
item 39)
Development Description(s)
Property/Location Development
Grasstree Court, Lot 6 on Material Change of Use, other than for a domestic
Sunrise Beach QLD 4567 RP901384; activity, if any part of the lot is situated in, or within 100m
of, a wetland
Ben Lexcen Drive, Lot 7 on
Sunrise Beach QLD 4567 RP890947;
Reconfiguring a Lot if-
(a) any part of the lot is situated in, or within 100m of, a
Noosa Heads QLD 4567 SP177650; and wetland; and
2 Grasstree Court, Lot 8 on (b) the reconfiguration results in more than 10 lots, or
any lot created is less than 5ha
1
Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.
Page 1 of 4 • 091217
Department of Environment and Resource Management Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485
Page 15
DERM Wetlands & Conservation Estate Referral Agency Response
Sunrise Beach QLD 4567 RP901384
Material Change of Use for urban purposes if any part of
the lot is situated in, or within 100m of, any of the
following-
(a) protected area, forest reserve, critical habitat or area
of major interest under the Nature Conservation Act
1992
Reconfiguring a Lot if-
(a) any part of the lot is situated in, or within 100m of,
any of the following-
(i) a protected area, forest reserve, critical habitat
or area of major interest under the Nature
Conservation Act 1992; and
(b) the reconfiguration results in more than 10 lots, or
any lot created is less than 5ha
Recommendation
The Chief Executive, Department of Environment and Resource Management (DERM), makes the following
recommendation to the assessment manager.-
Wetland:
The Assessment Manager should consider the potential impacts of the proposed development on wetland
values, including the water quality, natural hydrological flows and ecological functioning of the wetland.
Development should meet the following outcomes:
• Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
the functioning and integrity of a wetland from development are avoided. A report prepared and certified by
an appropriately qualified professional may assist the Assessment Manager to consider the impacts of the
development on the ecological values and functioning of the wetland. If adverse impacts are unavoidable,
the Assessment Manager is encouraged to ensure that the values lost are offset in order to achieve an
environmental outcome equal or better than the wetland values that are impacted.
Where a wetland management area is mapped as a 'significant coastal wetland' under a Regional Coastal
Management Plan it should be assessed against the policy for areas of state significance (natural
resources). An Implementation Guideline should be consulted:
http://www.derm.qld.gov.au/services resources/item details. php?item id=202304&topic id=54.
For areas where a regional coastal management plan does not exist, where the wetland management area
is also defined as a 'significant coastal wetland' under the State Coastal Management Plan - Queensland's
Coastal Policy 2001 (SCMP), any approval is consistent with SCMP policy 2.8.1, Areas of state significance
(natural resources).
• Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained
and managed to protect the environmental values of the wetland, and to ensure that the water quality
objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved.
• Maintain wetland water regime. The existing water regime (including surface and groundwater) within and
linked to the wetland is maintained and managed to protect existing natural hydrological processes within
the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland,
and retaining and allowing for regeneration of native vegetation.
To ensure that the proposed development is able to meet the above outcomes, the Assessment Manager is
encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:
Page 2 of 4 • 091217 Department of Environment and Resource Management
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DERM Wetlands & Conservation Estate Referral Agency Response
• a support area adjacent to the wetland that maintains and supports the environmental values of the
wetland; and
• a separation area around the support area that protects the wetland from external threats such as
sediment and nutrient discharge from surrounding landuse.
Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity and
to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following buffer
widths are accepted by DERM as precautionary buffer widths likley to absorb impacts from external uses.
• within urban areas, a minimum 50m buffer to wetland
• outside of urban areas a minimum 200m buffer to wetland
• for `significant coastal wetlands', a buffer width of 200m to wetland
Where required, revegetation of the buffer is recommended using native species representative of the pre-
clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance
where possible. A rehabilitation / revegetation management plan including weed management strategies may
assist in determining the rehabilitiation requirements for the development. Conditioning of any approval with
building or development envelope(s) may also be a useful way to give formal effect to any required buffer area.
The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan to
demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and
operational phases of development) will be effectively managed to prevent adverse impacts on wetland values.
Potential impacts are to be addressed through water sensitive urban design including compliance with South
East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design -
design objectives for urban stormwater management. For areas outside of the South-east Queensland Regional
Plan area any approval should recognise the requirements of the the Draft Urban -Stormwater- Queensland
Best Practice Environmental Management Guidelines 20092.
Conservation Estate:
The Assessment Manager should consider the potential impacts of the proposed development on both the
habitats and environmental values contained within the conservation estate, as well as to the management
intent of the conservation estate. Development should ensure the following outcomes:
• Maintain habitat and biodiversity values: development avoids or minimises and mitigates adverse
impacts on the functioning and integrity of habitats and environmental values contained within the
conservation estate
• Development demonstrates there will be no adverse impacts on the ecological values and
functioning of the conservation estate. An ecological report prepared by a suitably qualified professional
may be one way that the Assessment Manager may choose to assess this outcome.
• Development maintains, conserves and enhances the current extent and connectivity within and
between conservation estate areas
• Development does not compromise the management intent of the conservation estate.
The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works
including access tracks and roads and the conservation estate boundary in order to maintain the ecological
functioning and integrity of the conservation estate. Buffer distances should be maximised in order to maintain
existing biodiversity values, habitat connectivity and to avoid edge effects. The buffer may also assist in
2 The Draft Urban Stormwater -Queensland Best Practice Environmental Management Guidelines 2009, is available at:
http://www.derm.qld.gov.au/environmental management/water/environmental values environmental protection water policy/draft urban
stormwater gbpem guideline 2009.html
Page 3 of 4 •091217 Department of Environment and Resource Management
Page 17
DERM Wetlands & Conservation Estate Referral Agency Response
ensuring that stormwater, wastewater, dust and erosion from the development site can be appropriately
managed to avoid adverse impacts on the conservation estate. A stormwater and wastewater management plan
may be one way the assessment manager may choose to ensure off-site impacts of development are
ameliorated. Revegetation of buffer zones using native species representative of the pre-clearing regional
ecosystem is recommended.
Establishing building or development envelope(s) may also be a useful way to give formal effect to any required
buffer area.
Neighbours to the conservation estate have a responsibility to keep dwellings and other infrastructure near
Queensland Parks and Wildlife Service (QPWS) managed lands in a condition that minimises fire risk to
themselves and their property as well as the protected estate and to appropriately ameliorate light and noise
issues. Consultation with QPWS officers is recommended to ensure management objectives of the conservation
estate including fire management, emergency services access and pest controls are met. A QPWS 'Good
Neighbour Policy' may be of assistance and is available on the web at..
http://www.derm.qld.gov.au/register/PO1658aa.i)d f
Delegate Enquiries:
Department of Environment and Resource Management
Centenary Square Building,
Currie Street, Nambour. QLD 4560
PO Box 573, Nambour. QLD 4560
Daniel Leo Telephone + 61 7 5451 2256
Senior Planning Officer Facsimile + 61 7 5451 2260
Regional Planning and Coordination (Nambour) Email DACoordinationSEQNorth(dderm.old. o u
Planning and Assessment - SEQ Website www.derm.gld.gov.au
16 June 2011
Page 4 of 4 • 091217 Department of Environment and Resource Management
Page 18
Registered Post
Queensland Pr,
Postage
Government Paid
AP Article Id:
482053047018 DG Australia
Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MC QLD 4560
Attention: Tracy Lynn Jones
Page 19
L' ,,i. Ui
Resource Management
PC Box 573
NAMBCUP Q!D 4560
Used in these records
2008/1128 Concurrence and Advice Agency Response DERMRelated documentApplication case desk ↗
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