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Approval Letter to Op. Works & MC of Use within Noosa River · MCU21/0037
Author Deborah Eyre File / Ref number 2020/013826 Directorate / Unit: State Land Asset Management Queensland Phone: 07 53524246 GO Veniment Department of Resources 10 February 2021 Noosa Jetty Builders PO Box 299 NOOSAVILLE QLD 4560 Dear Madam, APPLICATION FOR OWNERS CONSENT - OPERATIONAL WORKS AND MATERIAL CHANGE OF USE- CONSTRUCTION OF TIMBER JETTY YOUR CLIENT: JULIAN ANTHONY DRAKE AND CHELSEY ANN DRAKE Reference is made to the request for owners consent required to accompany the development application for type of development application DA Form 1 operational works, being prescribed tidal works within Noosa River. The department hereby gives owner's consent as the owner to accompany the development application for the purpose of section 51(2) of the Planning Act 2016 for public tidal works — USL land below high-water mark — Noosa River. Fisheries Queensland has no objection to the provision of owners consent but the applicant is advised that authorisation is required under the Planning Act 2016 for any removal, damage or destruction of marine plants. The above comments do not give approval for development that is: The removal, destruction or damage of marine plants, Building or operational works within a declared fish habitat area, Constructing or raising of waterway barrier works, or Aquaculture. Nor do these comments provide a resource allocation or entitlement where one is required. 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 has been approved by the assessment manager or responsible entity, and in accordance with the conditions of that approval. Postal: Telephone : 07 53524246 Resources Gympie Fax: - Locked Mail Bag 383 Gympie QLD 4570
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A copy of this letter is to be attached to your DA Form 1 as the required evidence of owner's 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 development application under the Planning Act 2016 e.g. a marine park permit if in a marine park. Further, please note that the above consent will expire on 10 August 2021. Should the development application not be lodged with the assessment manager prior to this date, your client will be required again to lodge the DA Form 1 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 2016 to enable the application to be considered properly made for lodging with the assessment manager 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 responsible entity in the assessment of the development 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 Deborah Eyre on (07) 5352 4246. Please quote reference number 2020/013653 in any future correspondence. Yours sincerely ll OO Matthew Halls A/Senior Land Officer A duly authorised delegate of the Minister under the current Land Act (Ministerial) Delegation Page 2 of 2
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