20250212-NC- Change representations to the decision notice.pdf

47.      All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.
         Where the Grantee is Council or a service authority, the easement documentation must be in accordance with
         the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for
         endorsement. Deleted
48.      Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure
         located on the subject site must be placed within an easement registered against the title of the property.
         Deleted
49.      All works must be kept clear of any existing or proposed easements on the subject land, unless agreed
         otherwise in writing by the Grantee. Deleted

Condition 53
Land Rehabilitation
53.    A vegetation protection covenant must be registered against the title of the property over the area identified as
       Vegetation Community 1 and 4 on the approved plan Titled Ecological Values Plan, EV01, Rev 1, dated 25/06/24
       found in the Ecological Assessment Report v1 pursuant to Section 97A of the Land Title Act 1994. The covenant
       document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant
       titles authority for registration of title. The covenant document must:
       a.       incorporate the requirements of this Decision Notice
       b.       include Noosa Council as Covenantee
       c.       reference Queensland Land Title Registry Standard Terms Document No. 715597513.

Comment
Part of the vegetation identified as Vegetation community 1 in the Ecological Assessment Report prepared by North
Coast Environmental Services (and included as a reference document to the approval) was recently cleared in
accordance with the State exemptions relating to bushfire risk mitigation works within 10m of a fence line and thinning
out of vegetation in an area mapped as Category X vegetation. Our client would like to maintain their rights to manage
areas of non remnant vegetation in accordance with the QLD Vegetation Management Act and Noosa vegetation
clearing exemptions, equally Council’s rights will be retained for all remnant vegetation (mapped Cat B) where an
environmental covenant will apply.

Accordingly, our client seeks to amend Condition 53 to exclude areas of non remnant vegetation from being included in
the vegetation protection covenant. In support of this, North Coast Environmental Services has undertaken an
assessment of the subject vegetation and has prepared a letter (refer to Attachment A) describing the vegetation and
outlining reasons why the non remnant (or category x) vegetation should be excluded from the proposed environmental
covenant area. As such it, is requested that Condition 53 be amended to enable mapped areas of Category X vegetation
to be excluded from vegetation protection covenant.

Amended condition 53
53.   A vegetation protection covenant must be registered against the title of the property over the area identified as
      Vegetation Community 1 and 4 on the approved plan Titled Ecological Values Plan, EV01, Rev 1, dated 25/06/24
      found in the Ecological Assessment Report v1 (Except for those areas mapped as Category X on a regulated
      vegetation management map) pursuant to Section 97A of the Land Title Act 1994. The covenant document and




JFP Ref: M3155P                                                                                             Page 10