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2505-45871 SRA - Response with conditions

Attached to the e-mail 2505-45871 SARA Response with conditions - OPW25/0072.

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RA6-N




SARA reference:        2505-45871 SRA
Council reference:     OPW25/0072
Applicant reference:   2319

24 December 2025

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565
[email protected]

Attention:       Mr Mark Lewis


Dear Mr Lewis


SARA referral agency response—36 Roses Road, Federal
(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 23 May 2025.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   24 December 2025
Conditions:                         The conditions in Attachment 1 must be attached to any
                                    development approval
Advice:                             Advice to the applicant is in Attachment 2
Reasons:                            The reasons for the referral agency response are in Attachment 3


Development details
Description:                        Development permit         Operational work for drainage works,
                                                               earthworks, roadworks, clearing vegetation
                                                               under planning scheme, and vehicle
                                                               crossover

SARA role:                         Referral agency
SARA trigger:                      Schedule 10, Part 6, Division 4, Subdivision 3, Table 1, Item 1
                                   (Planning Regulation 2017)

                                   Operational work for waterway barrier works

                                                                             North and North West regional office
                                                                             Level 4, 445 Flinders Street, Townsville
 Page 1 of 7                                                                 PO Box 5666, Townsville QLD 4810
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2505-45871 SRA - Response with conditions.pdf · 348 KB (small file)

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Page 2

                                                                                                  2505-45871 SRA




SARA reference:                         2505-45871 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         36 Roses Road, Federal
Real property description:              Lot 2 on RP95476
Applicant name:                         Mick Jones
Applicant contact details:               C/- PO Box 2305
                                         Noosa Heads QLD 4567
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundament human rights protected under the
considerations:                         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 Bronwyn Bignoux, Principal Planning Officer, on 4747 3907 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Mick Jones, [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




 State Assessment and Referral Agency                                                                Page 2 of 7

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                                                                                                       2505-45871 SRA




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
 Operational work
 10.6.4.3.1.1 – Operational work for waterway barrier works—The chief executive administering the
 Planning Act 2016 nominates the Director-General of the Department of Primary Industries 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 condition(s):
 1.      Development is limited to the operational works to raise or construct          At all times
         a waterway barrier work that is a permanent reinforced concrete box
         culvert crossing within Skyring Creek as shown on:
             36 Roses Road Federal, Locality Plan & Drawing Index,
              Operational works, by Callaghan & Toth, dated 11/25, reference
              2319-001, revision C, as amended in red by SARA.
             36 Roses Road Federal, Design Features Plan, Operational
              works, by Callaghan & Toth, dated 11/25, reference 2319-006,
              revision C, as amended in red by SARA.
             36 Roses Road Federal, Typical Culvert Detail Section,
              Operational works, by Callaghan & Toth, dated 11/25, reference
              2319-007, revision C, as amended in red by SARA.
             36 Roses Road Federal, Typical Road Sections, Operational
              works, by Callaghan & Toth, dated 11/25, reference 2319-008,
              revision C, as amended in red by SARA.
             36 Roses Road Federal, Design Longitudinal Section &
              Pavement Info, Operational works, by Callaghan & Toth, dated
              11/25, reference 2319-009, revision C, as amended in red by
              SARA.
             36 Roses Road Federal, Concrete Joint Plan & Details 1 of 2,
              Operational works, by Callaghan & Toth, dated 11/25, reference
              2319-011, revision C, as amended in red by SARA.
             36 Roses Road Federal, Concrete Joint Plan & Details 2 of 2,
              Operational works, by Callaghan & Toth, dated 11/25, reference
              2319-012, revision C, as amended in red by SARA.
             36 Roses Road Federal, Typical Design Upstream &
              Downstream Sections, Operational works, by Callaghan & Toth,
              dated 11/25, reference 2319-013, revision C.
             36 Roses Road Federal, Tree Management Plan, Operational
              works, by Callaghan & Toth, dated 11/25, reference 2319-014,
              revision C, as amended in red by SARA.
             36 Roses Road Federal, Concept Erosion & Sediment Control
              Plan, Operational works, by Callaghan & Toth, dated 11/25,
              reference 2319-015, revision C, as amended in red by SARA.

 2.      The reinforced concrete box culvert array approved in condition 1              At all times
         must have a minimum combined cell aperture width of 10.8 meters,



 State Assessment and Referral Agency                                                                     Page 3 of 7

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                                                                                                2505-45871 SRA




        include at least one scupper drain on the downstream kerb, and
        include roughening elements such as a broom finish, exposed
        aggregate, shot-crete or similar treatment on concrete aprons.

3.      Maintain the development in accordance with the plans referenced in      At all times
        condition 1, and the requirements of any conditions included in this
        development approval.
4.      Submit written notice to the Department of Primary Industries at         (a) At least 5 business
        [email protected] advising when the development                   days but no greater
        authorised under this approval:                                              than 20 business
                                                                                     days prior to the
        (a)   will start
                                                                                     commencement of
        (b)   when it has been completed.                                            the works
        Any notice must state the application’s reference number: 2505-          (b) Within 15 business
        45871 SRA.                                                                   days of the
                                                                                     completion of the
                                                                                     fisheries
                                                                                     development works
5.      Spoil is not disposed of within waterways.                               At all times
6.      This fisheries development (as defined by the Fisheries Act 1994)        At all times
        constitutes a place that is required to be open for inspection by an
        inspector, pursuant to section 145 of the Fisheries Act 1994.
7.      Restore land profiles that are temporarily disturbed by the              Within 10 business
        development works to pre-work profiles.                                  days of completion of
                                                                                 the works and prior to
                                                                                 post works notification
8.      Provide upstream and downstream fish passage across the                  At all times
        waterway barrier.
9.      The fish passage provided must cater for the whole fish community        At all times
        taking into account species, size classes, life stages and swimming
        abilities as well as the seasonal and flow related biomass of the fish
        community.
10.     Construct and maintain the waterway barrier and any associated           At all times
        infrastructure including, but not limited to intakes, walls, access
        structures, spillways and dissipation devices to avoid fish injury,
        mortality and/or entrapment.
11.     Remove any temporary waterway barrier(s) immediately after the           Within 15 business
        new culvert structure has been completed.                                days of completion of
                                                                                 the works
12.     Works within a waterway must be avoided during times of elevated         For the duration of the
        flows (AEP 20% or higher).                                               works
13.     The scour protection must be constructed and maintained at or            At all times
        below bed level so that there are no drops in elevation where it
        adjoins culvert aprons.




State Assessment and Referral Agency                                                               Page 4 of 7

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                                                                                            2505-45871 SRA




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.
2.      This referral response does not consider or approve access to the state-controlled road
        corridor. Separate approvals are required to authorise any direct access to the state-controlled
        road.




State Assessment and Referral Agency                                                           Page 5 of 7

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                                                                                         2505-45871 SRA




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:

      SARA assessed the development against the following code(s) of the State Development
       Assessment Provisions (SDAP), version 3.2:
          o State code 18: Constructing or raising waterway barrier works in fish habitats

      The proposed development complies with the assessment benchmarks of State code 18 of SDAP in
       that the development:
           o maintains fish movement and connectivity throughout waterways and within and between fish
                habitats;
           o maintains the health and productivity of fisheries resources and fish habitat; and
           o provides adequate fish passage.


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
(page left intentionally blank)




    State Assessment and Referral Agency                                                      Page 6 of 7

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                                                  2505-45871 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 7 of 7

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