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13. OBoat Hire - Prescribed Tidal Works Code

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT


PRESCRIBED TIDAL WORKS CODE
 Performance Criteria                      Acceptable Solution                        Comments

 Character & Amenity (generally) – Prescribed Tidal Work in a Canal

 1.1 Prescribed tidal works in a canal     The design and construction of the         Not Applicable
 are compatible with its location,         prescribed tidal work is consistent
 having regard to the following:-          with the following standards:-

 a)   the character and amenity of the     a)   subject    to   paragraph    (c),     The structure is not proposed within a
                                                                                      canal.
      work’s immediate surroundings             prescribed tidal work does not
      and the locality within which the         extend past the side boundary or
      work is located;                          extended side boundary of the
 b)   if the relevant planning scheme           lot connected to the work;
      states the desired character or      b) subject to paragraph (c):-
      amenity      for    the    work’s
      immediate surrounds or the                i)   for prescribed tidal works for
      locality within which the work is              a private purpose – the
      located – the stated desired                   works are not roofed; or
      character or amenity.                     ii) for prescribed tidal works for
                                                     a non-private purpose – the
                                                     works are not roofed unless
                                                     they are the main access to
                                                     land;
                                           c)   if a relevant planning scheme
                                                standard is more stringent than
                                                the standard mentioned in
                                                paragraph (a) or (b) – the
                                                relevant     planning      scheme
                                                standard, to the extend it is more
                                                stringent than the standard
                                                mentioned in paragraph (a) or
                                                (b);
                                           d)   any other relevant planning
                                                scheme standard that is not
                                                inconsistent with the standards
                                                mentioned in paragraphs (a) to
                                                (c)

 Performance Criteria                      Acceptable Solution                        Comments

 Character & Amenity (generally) – Prescribed Tidal Work NOT in a Canal

 2.1 Prescribed tidal works not in a       The design and construction of the         Compliant.
 canal are compatible with its location,   prescribed tidal work is consistent
 having regard to the following –          with the following standards:-

 a)   the character and amenity of the     a)   subject to paragraph (d),             The existing structure is within the
                                                                                      boundaries of a seabed lease
      work’s immediate surrounds and            prescribed tidal works do not
                                                                                      approved for “marine facility”. The
      the locality within which the work        extend past the side boundary or
                                                                                      proposed redevelopment does not
      is located;                               extended side boundary of the
                                                lot connected to the work;
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Page 2

NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
 Performance Criteria                     Acceptable Solution                        Comments

 Character & Amenity (generally) – Prescribed Tidal Work NOT in a Canal

 b)   if the relevant planning scheme     b)   subject to paragraph (d),             extend outside of the boundaries of
      states the desired character or          prescribed tidal works are the        the existing seabed lease area.
      amenity      for    the    work’s        only work of its type along the
                                                                                     The proposed work is not roofed and
      immediate surrounds or the               edge of the tidal water fronting      will be the redevelopment of the
      locality within which the work is        the lot connected to the work;        existing structure within the seabed
      located – the stated desired        c)   subject to paragraph (d):-            lease area.
      character or amenity.                    (i) for prescribed tidal works for
                                                    a private purpose - the
                                                    works are not roofed; or
                                               (ii) ii) for prescribed tidal works
                                                    for a non-private purpose –
                                                    the works are not roofed
                                                    unless they are the main
                                                    access to land;
                                          d)   if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a), (b) or (c) – the
                                               relevant      planning      scheme
                                               standard, to the extent it is more
                                               stringent than the standard
                                               mentioned in paragraph (a), (b)
                                               or (c).
                                          e)   any other relevant planning
                                               scheme standard that is not
                                               inconsistent with the standards
                                               mentioned in paragraphs (a) to
                                               (d).




Performance Criteria                      Acceptable Solution                        Comments

Character & Amenity (materials and colours)

3.1 Prescribed tidal work is of a         The height, scale and size of the          Compliant.
height, scale and size to ensure the      prescribed tidal work is consistent
work is compatible with the character     with each relevant planning scheme
and amenity of its location, having       standard.
regard to the following:-                                                            The proposed redevelopment is in
                                                                                     keeping with the existing commercial
a)    the height, scale and size of the                                              uses within the seabed lease area as
                                                                                     well as the other similar commercial
      natural features of the work’s
                                                                                     operations both upstream and
      immediate surrounds and the
                                                                                     downstream of the subject site.
      locality within which the work is
      located;                                                                       The redevelopment is fully contained
b)    the height, scale and size of the                                              within the existing seabed lease area
      existing buildings or other                                                    which has been approved for “marine
      structures     in   the    work’s                                              facility”.
      immediate surroundings and the

Page 3

NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                       Acceptable Solution                       Comments

Character & Amenity (materials and colours)

     locality within which the work is
     located;
c)   if the relevant planning scheme
     states the desired height, scale or
     size of buildings or other
     structures     in    the    work’s
     immediate surroundings or the
     locality within which the work is
     located – the stated desired
     height, scale or size.

Performance Criteria                       Acceptable Solution                       Comments

Character & Amenity (materials and colours)

4.1 The materials used for, and the        The materials used for, and colours of,   Compliant.
colours of, prescribed tidal work are      the prescribed tidal work are
compatible with the character and          consistent    with   each     relevant
amenity of the work’s location, having     planning scheme standard.
regard to the following:-                                                            The materials and colours used for the
                                                                                     proposed      structure    will     be
a)   the natural features of the work’s                                              commensurate with structures in the
                                                                                     locality, providing a consistent
     immediate surroundings and the
                                                                                     amenity value.
     locality within which the work is
     located;
b)   the existing buildings or other
     structures     in   the     work’s                                              The materials are suitable for the
     immediate surroundings and the                                                  marine environment.
     locality within which the work is
     located;
c)   if the relevant planning scheme
     states the desired materials to be
     used for, or desired colours of,
     buildings or other structures in
     the       work’s       immediate
     surroundings or the locality
     within which the work is located
     – the stated desired materials or
     colours.

Performance Criteria                       Acceptable Solution                       Comments

Lighting

5.1 Lighting, other than an aid to         The lighting for the prescribed tidal     Not Applicable
navigation, for prescribed tidal work is   work, other than an aid to navigation,
installed in a way to ensure the           is consistent with the following
security and safe use of the work          standards:-
without causing significant adverse                                                  There is no lighting proposed other
effects on the amenity of the locality     a)   subject to paragraph (c), lighting   than for aiding navigation however
within which the work is located.                                                    any other lighting eg pedestrian
                                                for prescribed tidal work is

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                        Comments

Lighting

                                               hooded        and          directed   access will be downward directed and
                                               downwards;                            hooded.
                                          b)   subject to paragraph (c), each
                                               lighting standard, to the extent
                                               relevant;
                                          c)   if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) or (b) – the relevant
                                               planning scheme standard, to the
                                               extent the standard is more
                                               stringent than the standard
                                               mentioned in paragraph (a) or
                                               (b);
                                          d)   any other relevant planning
                                               scheme standard that is not
                                               inconsistent with the standards
                                               mentioned paragraphs (a) to (c).

Performance Criteria                      Acceptable Solution                        Comments

Signage

6.1 A sign erected or otherwise placed    A sign erected or otherwise placed in      Compliant.
in position for prescribed tidal work,    position for prescribed tidal work,
other than a sign erected or placed for   other than a sign erected or placed for
safety reasons or under an Act:-          safety reasons, is consistent with the
                                          following:-                                No signage is proposed as part of this
a)   is compatible with the character                                                application other than identifying the
                                          a)   subject to paragraph (c), a sign      property to which the structure
     and amenity of the work’s
                                                                                     belongs. This signage or “marking” is
     immediate surroundings and the            erected or placed in position for
                                                                                     located on the pontoon.
     locality within which the work is         identifying prescribed tidal work,
     located; and                              or the owner of the work, is the
b)   is not a dominant feature of the          only sign erected or placed in
     work, unless the dominance is for         position for identifying the work
     safety reasons.                           or owner;
                                          b)   subject to paragraph (c), a sign
                                               erected or otherwise placed in
                                               position for prescribed tidal work
                                               is integrated into the design and
                                               construction of the work;
                                          c)   if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the      standard      mentioned
                                               paragraph (a);
                                          d)   any other relevant planning
                                               scheme standard that is not

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                         Acceptable Solution                        Comments

                                                  inconsistent with the standards
                                                  mentioned in paragraphs (a), (b)
                                                  and (c).

Performance Criteria                         Acceptable Solution                        Comments

Earthwork and Vegetation

7.1     Excavation and       filling   for   The earthwork and filling for the          Not applicable
prescribed tidal work:-                      prescribed tidal work is consistent
                                             with each relevant planning scheme
a)   is carried out only to the extent       standard.
                                                                                        No excavation or filling is required as
     reasonably necessary for the
                                                                                        part of the redevelopment.
     work; and
b) does not have a significant
     adverse effect on:-
     (i) the       natural      features,
          including the banks, of the
          tidal water in the works’
          immediate surroundings; or
     (ii) the level of the surface of the
          land under the tidal water in
          the     works’      immediate
          surroundings        or     any
          foreshore near the works.
7.2 The location and construction of         Vegetation on land affected by the         Compliant.
prescribed tidal works ensures               prescribed tidal works is dealt with in
vegetation is cleared or disturbed           a way consistent with the following
only to the extent reasonably                standards:-
necessary for the work.                                                                 The proposed redevelopment will
                                                                                        occur within the boundaries of the
                                             a)   subject to paragraph (b), the
                                                                                        existing seabed lease approved for
                                                  clearing or disturbance of
                                                                                        “marine facility”.
                                                  vegetation for a purpose
                                                  associated with the construction      No vegetation is to be disturbed,
                                                  of prescribed tidal works,            damaged or removed as part of the
                                                  including, for example, parking       works.
                                                  for construction or workers’
                                                  vehicles or stockpiling of
                                                  construction materials –
                                                  (i) Is avoided; or
                                                  (ii) If the clearing or disturbance
                                                       of vegetation for a purpose
                                                       associated       with      the
                                                       construction of a works
                                                       cannot be avoided – the
                                                       clearing or disturbance is
                                                       limited to the smallest area
                                                       of land reasonably necessary
                                                       for the purpose;
                                             b)   any other relevant planning
                                                  scheme standard that is not
                                                  inconsistent with paragraph (a).

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                        Comments

Earthwork and Vegetation

7.3      After the construction of        Land or vegetation affected by the         Compliant
prescribed tidal works, any land          prescribed tidal works is dealt with in
damaged or destabilized by, and any       a way consistent with the following
vegetation damaged, destroyed or          standards:-
removed by, the construction of the                                                  The land under the water will only be
works is rehabilitated.                   a)   subject to paragraph (b):-            disturbed to the extent required to
                                                                                     undertake the removal of the existing
                                               i) land surfaces damaged or
                                                                                     piles and installation of the new
                                                   destabilised by the prescribed
                                                                                     pontoon     finger    piles.     This
                                                   tidal works are restored an       disturbance will only temporary.
                                                   stabilised; and
                                               ii) vegetation          damaged,
                                                   destroyed or removed by
                                                   prescribed tidal works is
                                                   replaced       with     native
                                                   vegetation for the locality
                                                   within which the work is
                                                   located, to the extent it is
                                                   reasonably practicable to
                                                   replace the vegetation with
                                                   native vegetation;
                                          b)   if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the       standard      mentioned
                                               paragraph (a);
                                          c)   any other relevant planning
                                               scheme standard that is not
                                               inconsistent with the standards
                                               mentioned in paragraphs (a) and
                                               (b).

Performance Criteria                      Acceptable Solution                        Comments

Public access – availability

8.1 Prescribed tidal works do not have    The design and construction of the         Compliant
a significant adverse effect on the       prescribed tidal work is consistent
availability of public access to, along   with:-
or across State coastal land.
                                          a)   subject    to    paragraph     (b),   The proposed structure will not
                                                                                     involve the erection of any physical
                                               prescribed tidal works do not
                                                                                     barrier preventing access along the
                                               involve the erection or placement
                                                                                     foreshore.
                                               of any physical barrier preventing
                                               existing public access, along or
                                               across State coastal land near the
                                               works;
                                          b)   if a relevant planning scheme
                                               standard is more stringent than

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                     Acceptable Solution                       Comments

                                              the standard in paragraph (a) –
                                              the relevant planning scheme
                                              standard, to the extent it is more
                                              stringent than the standard in
                                              paragraph (a);
                                         c) any other relevant planning scheme
                                         standard that is not inconsistent with
                                         the standards in paragraphs (a) and
                                         (b).



Performance Criteria                     Acceptable Solution                       Comments

Public access – safety

9.1     The location and design of       Public access to State coastal land       Compliant.
prescribed tidal works does not          near the prescribed tidal works is
adversely affect the safety of           consistent   with   each   relevant
members of the public accessing          planning scheme standard.
State coastal land.                                                                The proposed redevelopment is fully
                                                                                   contained within the boundaries of
                                                                                   the existing seabed lease area. The
                                                                                   proposed works will therefore not
                                                                                   affect the safety of members of the
                                                                                   public accessing the foreshore as the
                                                                                   seabed lease area will not change.



Performance Criteria                     Acceptable Solution                       Comments

Navigable access to, or egress from, lots that adjoin, or are in the immediate surroundings of, a lot connected to
prescribed tidal works

10.1 Prescribed tidal works that are     The design and construction of the        Compliant.
for a private purpose do not adversely   prescribed tidal work is consistent
affect navigable access to, or           with the following standards:-
navigable egress from, any lot that
adjoins, or is in the immediate              a)    subject to paragraph (b),       The proposed redevelopment is
surroundings of, a lot connected to                                                subject the boundaries of the existing
                                                   prescribed tidal works:-
prescribed tidal works.                                                            seabed lease. All proposed works and
                                             i) for a lot connected to the
                                                                                   any vessels moored at the facility
                                                 works for which there is a        must remain wholly within the
                                                 water allocation area – are not   boundaries of the lease. This ensures
                                                 constructed outside the water     the proposal meets with the
                                                 allocation area; and              performance criteria 10.1.
                                             ii) for a lot connected to works
                                                 for which there is no water
                                                 allocation area – are no closer
                                                 than 1.5m to that lot’s side
                                                 boundary or extended side
                                                 boundary;
                                         b) if a relevant planning scheme
                                         standard is more stringent than the
                                         standard mentioned in paragraph (a)
                                         – the relevant planning scheme
                                         standard, to the extent it is more

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                       Comments

                                          stringent   than    the     standard
                                          mentioned in paragraph (a).



Performance Criteria                       Acceptable Solution                      Comments

Infrastructure, including, access, parking, sewerage and water services

11.1      Prescribed tidal work has       The infrastructure for prescribed tidal   Compliant.
appropriate infrastructure, including,    work is consistent with each relevant
in particular, road access, parking       planning scheme standard.
facilities, sewerage services and water
services, having regard to the                                                      The proposed redevelopment will not
following:-                                                                         change the infrastructure or services
                                                                                    required to the lease area.
a)  the nature and scale of the work;
                                                                                    The redevelopment is merely for
    and                                                                             improved and safer vessel mooring
b) the number of people that may                                                    and    passenger/staff      safety at
    be on or at the work at any time;                                               accessing the hire vessels.
    and
c) the number of vehicles that may                                                  No vegetation will be disturbed,
    be on or moored at the work at                                                  damaged or removed along the
                                                                                    foreshore as part of the works.
    any time; and
d) the protection of any foreshores
    near the work and the vegetation
    and marine plants on the
    foreshores
Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – all prescribed tidal work

12.1    Prescribed tidal works are        The design and construction of the        Compliant.
designed and constructed in a way to      prescribed tidal work is consistent
ensure it is structurally sound, having   with the following standards:-
regard to the following:-
                                          a)   subject to paragraph (c), each       The proposed structure will be
a)   relevant engineering standards;                                                consistent with the relevant Australian
                                               Australian Standard relevant to
                                                                                    Standards.     All requirements are
b)   the location of the work;                 the design or construction of
                                                                                    addressed in the engineered plans
c)   the purpose for which the work is         structures,   to   the    extent     and in the structural design report.
     to be used;                               requirements stated in the
d)   the impact of flooding, storm             Standard apply to the design or
     tide, overtopping by waves,               construction of prescribed tidal
     projected sea level rise, tidal           works;
     influences and hydrodynamic          b)   subject to paragraph (c), the
     forces;                                   projected sea level rise is
e)   the design life of the works;             factored into the design and
f)   the dead load of the works and            construction of the prescribed
     the intended live load for the            tidal works;
     works;                               c)   if a relevant planning scheme
g)   the impact of hydrostatic                 standard is more stringent than
     pressures on the works;                   any      standard     mentioned
h)   the     stability   of  individual        paragraph (a) – the relevant
     components of the works,                  planning scheme standard, to the
                                               extent it is more stringent than

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                       Acceptable Solution                        Comments

Infrastructure, including, access, parking, sewerage and water services

     including for example, boulders,          the standard mentioned in
     concrete blocks or sandbags.              paragraph (a) or (b).
12.2 Prescribed tidal work does not       The design and construction of the          Compliant.
adversely affect the structural           prescribed tidal work is consistent
integrity of any existing revetment or    with the following standards:-
seawall or another existing structure.
                                          a)   subject    to   paragraph       (b),   All construction plans have been
                                                                                      signed by an RPEQ to be suitable in
                                               prescribed tidal works, including
                                                                                      this regard. Please refer to the design
                                               any shore abutment, piling or
                                                                                      report included in the application
                                               other structure connected with         documents.
                                               the work:-
                                               (i) does not place an additional
                                                    load    on any        existing
                                                    revetment or seawall or
                                                    another existing structure; or
                                               (ii) can      be       structurally
                                                    supported by an existing
                                                    revetment or seawall or
                                                    another existing structure;
                                          b) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the standard mentioned in
                                               paragraph (a).
12.3       Prescribed tidal work are      The design and construction of the          Compliant.
designed and constructed in a way to      prescribed tidal works is consistent
ensure it does not adversely affect the   with the following standards:-
stability of the bed and banks of any
tidal water.                              a)   subject    to   paragraph    (b),      The proposed structure will involve
                                                                                      only minimal disturbance to the
                                               prescribed tidal work does not
                                                                                      riverbed during the removal of the
                                               cause, by changing the flow of
                                                                                      existing piles and installation of the
                                               water, the removal of, or              new piles. The effects will be short
                                               disturbance to, the sediment on        term and will not affect the stability of
                                               the bed and banks of any tidal         the bed and banks of the tidal water
                                               water;                                 and this is certified in the engineer’s
                                          b) if a relevant planning scheme            design report.
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the standard mentioned in
                                               paragraph (a).
12.4    Prescribed tidal works are        The design and construction of the          Compliant.
designed and constructed using            prescribed tidal works is consistent
materials   suitable   for  marine        with the following standards:-

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                          Acceptable Solution                      Comments

Infrastructure, including, access, parking, sewerage and water services

environments, having regard to their         a)   subject to paragraph (b), each       The proposed structure will be
ability to resist the following:-                 Australian Standard relevant to      constructed from materials with a
                                                                                       long life, resilient to marine
                                                  the materials that should be
a)   attack by marine organisms;                                                       organisms, corrosion and salt water.
                                                  used, or the measures that
b)   corrosion;                                                                        The engineered plans show the
                                                  should be taken to treat             materials used.
c)   deterioration    or     breakage
                                                  materials used, for structures, to
     resulting from exposure to
                                                  the extend the requirements
     environmental          conditions
                                                  stated in the Standard apply to
     including, for example, the
                                                  structures located in a marine
     following:-
                                                  environment;
          (i)      abrasion;
                                             b) if a relevant planning scheme
          (ii)     immersion        in
                                                  standard is more stringent than
                   seawater;
                                                  the standard mentioned in
          (iii)    wave action.
                                                  paragraph (a) – the relevant
                                                  planning scheme standard, to the
                                                  extent it is more stringent than
                                                  the standard mentioned in
                                                  paragraph (a).
12.5      Prescribed tidal works are         The design and construction of the        Not applicable.
designed and constructed in a way to         prescribed tidal works is consistent
ensure they do not adversely affect          with the following standards:-
the operation or maintenance of any
existing stormwater outlet.                                                            There are no existing stormwater
                                             a)   subject to paragraph (c), vessels
                                                                                       outlets in this location.
                                                  moored at prescribed tidal work
                                                  do not impede the discharge of
                                                  stormwater;
                                             b) subject       to    paragraph   (c),
                                                  prescribed tidal work does not
                                                  restrict access to any stormwater
                                                  outlet;
                                             c) if a relevant planning scheme
                                                  standard is more stringent than
                                                  the standard mentioned in
                                                  paragraph (a) – the relevant
                                                  planning scheme standard, to the
                                                  extent it is more stringent than
                                                  the standard mentioned in
                                                  paragraph (a) or (b).
12.6    Prescribed tidal works are           The design and construction of the        Compliant.
designed and constructed in a way to         prescribed tidal works is consistent
ensure they do not adversely affect          with the following standards:-
the water quality of any tidal water,
including, in particular, as a result of:-   a) subject to paragraph (b), each         The proposed structure will involve
                                                                                       only minimal and short lived
                                                  Australian Standard relevant to
                                                                                       disturbance to the bed during the
a)   release, into the tidal water, of            the design or construction of
                                                                                       removal of the old piles and
     materials     used      in    the            structures under, within or over     installation of the new piles. Should a
     construction of the work; or                 tidal water, to the extent the       sediment plume occur as a result of
b)   disturbance to the sediment on               requirements stated in the           the piling activities and spread to
     the bed and banks of the tidal               Standard     are   directed   at     greater than 30m from the source,
     water; or                                    maintaining the water quality of     work is to stop and action is taken to
c)   exposure to acid sulphate soils.             tidal water;                         reduce the plume from spreading.

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                       Acceptable Solution                       Comments

Infrastructure, including, access, parking, sewerage and water services

                                          b) if a relevant planning scheme           This may be to either wait for the
                                               standard is more stringent than       turning tide or engage silt curtains to
                                                                                     limit the spread of the plume.
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than      The major structure components will
                                               the standard mentioned in             be made off-site and delivered as
                                               paragraph (a).                        finished components. They will be
                                                                                     brought to site and joined together
                                                                                     on site ensuring only minor
                                                                                     “construction” works are carried out
                                                                                     on site.

12.7     Prescribed tidal works are       The design and construction of the         Compliant.
designed and constructed in a way to      prescribed tidal works is consistent
ensure it is safe for persons using the   with the following standards:-
works.
                                                                                     The redevelopment is aimed at
                                          a)   subject to paragraph (d), each
                                                                                     improving the safe use of the facility
                                               Australian Standard relevant to
                                                                                     by all persons involved including
                                               the design or construction of
                                                                                     those who hire the vessels and staff at
                                               structures, the materials that        the facility.
                                               should be used, for structures, to
                                               the extend the requirements           The redevelopment will be designed
                                               stated in the Standard are            and constructed in accordance with
                                               directed at ensuring any surface      the relevant Australian Standards in
                                                                                     this regard. This is incorporated in the
                                               of prescribed tidal works on
                                                                                     engineer’s design report.
                                               which may stand or walk is:- on
                                               which a person may stand or walk
                                               is:-
                                               (i) not slippery; and
                                               (ii) does not have any feature
                                                    that may cause the person to
                                                    trip or fall;
                                          b)   subject to paragraph (d), any part
                                               of prescribed tidal works that is
                                               unsafe for persons standing or
                                               walking on the work is
                                               surrounded by adequate barriers
                                               to deter persons from entering
                                               the part;
                                          c)   subject to paragraph (d), each
                                               Australian Standard relevant to
                                               the design or construction of
                                               structures, to the extent the
                                               requirements        stated      the
                                               Standard are directed at ensuring
                                               prescribed tidal works provide
                                               safety ladders or other design
                                               features for the safety of a person
                                               who falls off the works into water;

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Performance Criteria                        Acceptable Solution                        Comments

Infrastructure, including, access, parking, sewerage and water services

                                           d)   if a relevant planning scheme
                                                standard is more stringent than
                                                the standard mentioned in
                                                paragraph (a), (b) or (c) – the
                                                relevant    planning       scheme
                                                standard, to the extent it is more
                                                stringent than the standard
                                                mentioned in paragraph (a), (b)
                                                or (c).
12.8 Appropriate measures are taken        The design and construction of the          Not applicable.
for prescribed tidal works for a non-      prescribed tidal works is consistent
private purpose to ensure an               with the following standards:-
unsupportable live load is not applied
to the work by persons or vehicles.                                                    The proposed structure is for private
                                           a)  subject     to    paragraph      (b),
                                                                                       use i.e. the facility is not open to
                                               prescribed tidal work has erected
                                                                                       public access at all times.
                                               or placed in position on or near
                                               the work, a sign that:-
                                               (i) is visible at all times; and
                                               (ii) states the maximum live
                                                    load that may be applied to
                                                    the work, in terms of the
                                                    maximum          number      of
                                                    persons that may be on the
                                                    work at any given time or the
                                                    maximum          number      of
                                                    vehicles of a particular type
                                                    that may be on or moored at
                                                    the work at any given time;
                                           b) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               that mentioned in paragraph (a).
12.9   Prescribed tidal works, other       The design and construction of the          Not applicable.
than a prescribed deck for a private       prescribed tidal works is consistent
purpose,     are    designed      and      with each relevant planning scheme
constructed to ensure the use of tidal     standard.
water in a canal for a non-maritime                                                    The proposed structure is not in a
purpose is minimised.                                                                  canal.

12.10 Prescribed tidal works that are      (s 5(2) outcome)                            Not applicable.
a prescribed deck and for a private
purpose,      are     designed       and   The design and construction of the
constructed in a way that ensures the      prescribed deck is consistent with the
use of tidal water in a canal for a non-   following standards:-                       The proposal is not a deck.
maritime purpose is minimised.
                                           a)   subject to paragraph (c), a
                                                boardwalk or independent deck
                                                does not extend more than 3m
                                                from the waterfront boundary of

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Performance Criteria                      Acceptable Solution                       Comments

Infrastructure, including, access, parking, sewerage and water services

                                              the lot connected to the
                                              boardwalk or deck;
                                         b)   subject to paragraph (c), a
                                              boardwalk or independent deck
                                              is at least 3m inside of the side
                                              boundary or extended side
                                              boundary of the lot connected to
                                              the boardwalk or deck;
                                         c)   if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a) – the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a) or (b).

Performance Criteria                     Acceptable Solution                        Comments

Design, construction and safety – boat ramps and slip ways for private purpose

13.1 Prescribed tidal works that are a   (s 5(2) outcome)                           Not applicable.
boat ramp or slip way for a private
purpose is designed and constructed
in a way to ensure it is structurally
sound while also ensuring the safe       The design and construction of the         The proposal is not a boat ramp or
movement of vehicles or persons          boat ramp or slip way is consistent        slip way.
between the boat ramp or slipway         with the following standards:-
and the surface of the land on which
the boat ramp or slip way is located.    a)   subject to paragraph (c), the walls
                                              at the edge of a boat ramp or slip
                                              way penetrate into the earth at
                                              least 600mm below the surface
                                              of the land on which the boat
                                              ramp or slip way is located;
                                         b) subject to paragraph (c), the
                                              surface of a boat ramp or slip way
                                              is not more than 200mm above
                                              the surface of the land on which
                                              is it located;
                                         c) if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a) – the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a) or (b).
13.2 Prescribed tidal works that are a   The design and construction of the         Not applicable.
boat ramp or slip way for a private      boat ramp or slip way is consistent
purpose     are     designed      and    with the following standards:-
constructed in a way to ensure the

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Performance Criteria                   Acceptable Solution                        Comments

Design, construction and safety – boat ramps and slip ways for private purpose

safe movement of vehicles or persons   a)   subject to paragraph (d), the         The proposal is not a boat ramp or
over the boat ramp or slip way.             upper surface of a boat ramp or       slip way.
                                            slip way has a width of:-
                                            (i) for a boat ramp or slipway
                                                 with vehicle access – no less
                                                 than 3.6m; or
                                            (ii) for a boat ramp or slipway
                                                 without vehicle access – no
                                                 less than 3.0m;
                                       b)   subject to paragraph (d), the
                                            whole upper surface of a boat
                                            ramp or slip way is treated to
                                            prevent it from becoming
                                            slippery by using any of the
                                            following methods:-
                                            i)   forming grooves over the
                                                 surface, as close as possible
                                                 to 40mm wide, 20mm deep
                                                 and 150mm apart, and at an
                                                 angle as close as possible to
                                                 70 degrees to the centre-
                                                 line of the boat ramp or slip
                                                 way;
                                            ii) covering the surface with a
                                                 substance ordinarily used
                                                 on to prevent skidding;
                                            iii) making, through a physical
                                                 act, the surface coarse
                                                 before it sets, including, for
                                                 example, by raking the
                                                 surface;
                                       c)   subject to paragraph (d), the
                                            upper surface of a boat ramp /
                                            slip way for which a winch is not
                                            used to hoist or haul vessels onto
                                            the boat ramp / slip way has a
                                            gradient not steeper than:-
                                            i) if the surface is treated by
                                                 using a method mentioned
                                                 in paragraph (b)(i) or (ii) –
                                                 1:7; or
                                            ii) otherside – 1:10;
                                       d)   if a relevant planning scheme
                                            standard is more stringent than
                                            the standard in paragraph (a), (b)
                                            or (c) – the relevant planning
                                            scheme standard, to the extent it
                                            is more stringent than the
                                            standard in paragraph (a), (b) or
                                            (c).

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 Performance Criteria                       Acceptable Solution                       Comments

 Design, construction and safety – bridges

 14.1 Prescribed tidal works that are       The design and construction of the        Not applicable.
 a bridge do not adversely affect           bridge is consistent with:
 existing public use of any tidal water,
 including, for example, use of the tidal   a)  subject to paragraph (b), the
 water for canoeing, swimming or                                                      The proposal is not a bridge.
                                                clearance levels under a bridge
 other recreational activities.                 are high enough to allow
                                                continued public use of any tidal
                                                water     over    which     it   is
                                                constructed;
                                            b) if a relevant planning scheme
                                                standard is more stringent than
                                                the standard in paragraph (a) –
                                                the relevant planning scheme
                                                standard, to the extent it is more
                                                stringent than the standard in
                                                paragraph (a).
 4.2 Prescribed tidal works that are a      The design and construction of the        Not applicable.
 bridge do not adversely affect the         bridge is consistent with:-
 flow of water under the bridge.
                                            a)  subject to paragraph (b) –
                                                                                      The proposal is not a bridge.
                                               (i)   if a bridge can be
                                                     adequately          supported
                                                     without erecting or placing
                                                     a foundation support in
                                                     tidal water – no foundation
                                                     support to support the
                                                     bridge is erected or placed
                                                     in the tidal water; or
                                               (ii) otherwise – only the
                                                     minimum        number      of
                                                     foundation           supports
                                                     required to support the
                                                     bridge is used;
                                            b) if a relevant planning scheme
                                                standard is more stringent than
                                                the standard in paragraph (a) –
                                                the relevant planning scheme
                                                standard, to the extent it is more
                                                stringent than the standard in
                                                paragraph (a).

Performance Criteria                        Acceptable Solution                       Comments

Design, construction and safety – prescribed decks

15.1 Prescribed tidal works that are a      (s 5(2) outcome)                          Not applicable.
prescribed deck and for a private
purpose     are     designed      and       The design and construction of the
constructed in a way to ensure it is        prescribed deck is consistent with:-
able to support its intended loads,                                                   The proposal is not a prescribed deck.

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Performance Criteria                     Acceptable Solution                        Comments

Design, construction and safety – prescribed decks

having regard to its relevant loading    (a) subject to paragraph (b), each of
matters.                                      the        following     Australian
                                              Standards        to  the    extent
                                              requirements stated in the
                                              Standard apply to relevant
                                              loading matters for the design or
                                              construction of the prescribed
                                              deck:-
                                                   (i)        AS/NZS 1170.0;
                                                   (ii)       AS/NZS 1170.1;
                                                   (iii)      AS/NZS 1170.2;
                                                   (iv)       AS 4997;
                                         (b) if a relevant planning scheme
                                              standard is more stringent than
                                              the standard in paragraph (a), (b)
                                              or (c) – the relevant planning
                                              scheme standard, to the extent it
                                              is more stringent than the
                                              standard in paragraph (a), (b) or
                                              (c).
15.2 Prescribed tidal works that are a   (s 5(2) outcome)                           Not applicable.
prescribed deck and for a non-private
purpose     are     designed      and    The design and construction of the
constructed in a way to ensure it is     prescribed deck is consistent with the
able to support its intended loads,      following standards:-                      The proposed works        is   not   a
having regard to its relevant loading                                               prescribed deck.
matters.                                 (a) subject to paragraph (b), each of
                                              the     following       Australian
                                              Standards     to    the      extent
                                              requirements stated in the
                                              Standard apply to relevant
                                              loading matters for the design or
                                              construction of the prescribed
                                              deck:-
                                             (i)   AS/NZS 1170.0;
                                             (ii) AS/NZS 1170.1;
                                             (iii) AS/NZS 1170.2;
                                             (iv) AS 4997;
                                         (b) if a relevant planning scheme
                                              standard is more stringent than
                                              the standard in paragraph (a) –
                                              the relevant planning scheme
                                              standard, to the extent it is more
                                              stringent than the standard in
                                              paragraph (a).
15.3 Prescribed tidal work that is a     The design and construction of the         Not applicable.
prescribed deck do not prevent or        boardwalk or deck is consistent with
hinder    remedial    work      being    the following standards:-
undertaken on any bank of tidal water
or for any existing retaining wall,                                                 The proposal is not a prescribed deck.

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Performance Criteria                     Acceptable Solution                        Comments

Design, construction and safety – prescribed decks

revetment or seawall or another          (a) subject to paragraph (b), a
existing structure.                          boardwalk or independent deck
                                             either:-
                                             (i) can be easily dismantled and
                                                  reassembled; or
                                             (ii) does not restrict the
                                                  movement of machinery
                                                  ordinarily used for remedial
                                                  work to any bank of tidal
                                                  water or any existing
                                                  retaining wall, revetment or
                                                  seawall or other existing
                                                  structure;
                                         (b) if a relevant planning scheme
                                             standard is more stringent than
                                             the standard mentioned in
                                             paragraph (a) – the relevant
                                             planning scheme standard, to the
                                             extent it is more stringent than
                                             the standard mentioned in
                                             paragraph (a).

Performance Criteria                     Acceptable Solution                        Comments

Design, construction and safety – jetties and piers

16.1 Prescribed tidal works that are a   (s 5(2) outcome)                           Not applicable.
jetty or pier are designed and
constructed in a way to ensure it is     The design and construction of the
able to support its intended loads,      jetty or pier is consistent with the
having regard to its relevant loading    following standards:-                      The proposal is not a jetty or pier.
matters.
                                         a)   subject to paragraph (b), each of
                                              the      following       Australian
                                              Standards       to   the    extent
                                              requirements stated in the
                                              Standard apply to relevant
                                              loading matters for the design or
                                              construction of the jetty or pier:-
                                                        (i) AS/NZS 1170.0;
                                                        (ii) AS/NZS 1170.1;
                                                        (iii) AS/NZS 1170.2;
                                                        (iv) AS 4997;
                                         b)   if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a) – the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a).

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Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – jetties and piers

16.2 Prescribed tidal works that are a    The design and construction of the        Not applicable.
jetty or a pier are designed and          jetty or pier is consistent with the
constructed in a way to ensure it         following standards:-
remains above the water at highest
astronomical tide.                                                                  The proposal is not a jetty or a pier.
                                          a)   Subject to paragraph (b), either:-
                                               (i) The level of the deck of a
                                                    jetty or pier is at least
                                                    300mm above the water at
                                                    highest astronomical tide; or
                                               (ii) Piles or other markers
                                                    indicate the presence of the
                                                    jetty or pier when it is
                                                    inundated;
                                          b) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the standard mentioned in
                                               paragraph (a).
16.3 Prescribed tidal works that are a    (s 5(2) outcome)                          Not applicable.
jetty or pier and for a private purpose
and are on State tidal land are           The design and construction of the
designed and constructed in a way to      jetty or pier is consistent with the
ensure the jetty or pier is of a size     following standards:-                     The proposal is not a jetty or a pier.
suitable for the use of a vessel while
still minimizing the amount of tidal      (a) subject to paragraph (b):-
water occupied by the jetty or pier.          (i) all parts of the deck of the
                                                   jetty or pier have a width of
                                                   at least 900mm and not
                                                   more than 3m and
                                              (ii) All parts of the jetty or pier
                                                   are within a water allocation
                                                   area for the lot connected to
                                                   the jetty or pier;
                                          (b) if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a) – the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a).

Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – pipelines and other underground services

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Performance Criteria                       Acceptable Solution                          Comments

17.1 The design and construction of        (s 5(2) outcome)                             Not applicable.
prescribed tidal works that are a
pipeline, or another underground           The design and construction of the
service ensures vessels anchoring          pipeline or underground service is
near the works cannot interfere with,      consistent  with   the    following          The proposal is not a pipeline or
or damage, the works.                      standards:-                                  another underground service.

                                           a)   subject to paragraph (b):-
                                                (i) for a pipeline that is gas or
                                                     liquid petroleum pipeline –
                                                     AS/NZS 2885 to the extent
                                                     requirements stated in the
                                                     Standard apply to the
                                                     design or construction of
                                                     the pipeline; or
                                                (ii) for another pipeline or other
                                                     underground service – the
                                                     pipeline or service is
                                                     installed at least 1.2m below
                                                     the surface of land, after it is
                                                     installed;
                                           b)   if a relevant planning scheme
                                                standard is more stringent than
                                                the standard mentioned in
                                                paragraph (a) – the relevant
                                                planning scheme standard, to the
                                                extent it is more stringent than
                                                the standard mentioned in
                                                paragraph (a).

Performance Criteria                       Acceptable Solution                          Comments

Design, construction and safety – pontoons

18.1 Prescribed tidal works that are a     (s 5(2) outcome)                             Compliant.
pontoon and not used only for
rowing, are designed and constructed
in a way to ensure it is able to support
its intended loads, having regard to       The design and construction of the           The structure is appropriately
its relevant loading matters.              pontoon is consistent with the               designed for its intended purpose
                                           following standards:-                        and will be consistent with the
                                                                                        Australian Standards relevant to the
                                           a)   subject to paragraph (b), each of       design and construction of the
                                                the      following       Australian     structure. The engineered plans show
                                                Standards       to   the    extent      relevant loadings and these are also
                                                                                        addressed in the engineer’s design
                                                requirements stated in the
                                                                                        report.
                                                Standard apply to relevant
                                                loading matters for the design or
                                                construction of the jetty or pier:-
                                                          (i) AS/NZS 1170.0;
                                                          (ii) AS/NZS 1170.1;
                                                          (iii) AS/NZS 1170.2;
                                                          (iv) AS1170.4
                                                          (v) AS 3962

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Performance Criteria                     Acceptable Solution                         Comments

Design, construction and safety – pontoons

                                                       (vi) AS 4997;
                                         b) if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a)– the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a).
18.2 Prescribed tidal works that are a   (s 5(2) outcome)                            Not applicable.
pontoon and used only for rowing,
are designed and constructed in a        The design and construction of the
way to ensure:-                          pontoon is consistent with the
                                         following standards:-                       The proposed structure is       not
(a) the pontoon is able to support its                                               intended for only rowing use.
intended loads, having regard to its     (a) subject to paragraph (b):-
relevant loading matters; and                (i) for a pontoon constructed
                                                  within a marina – AS 3962 to
 (b) the pontoon is safe for persons
                                                  the extend requirements
using the pontoon to launch and
retrieve rowing vessels.                          stated in the Standard apply
                                                  to relevant loading matters
                                                  for      the     design      or
                                                  construction        of      the
                                                  pontoon; or
                                             (ii) for     a    pontoon        not
                                                  constructed       within       a
                                                  marina:-
                                                  (A) the access walkway of a
                                                       pontoon used only for
                                                       rowing is able to
                                                       support at least a live
                                                       load of 3.0kPa; and
                                                  (B) the flotation unit of a
                                                       pontoon used only for
                                                       rowing is able to
                                                       support at least a live
                                                       load of 1.5kPa; and
                                                  (C) at least 75mm of the
                                                       height of the pontoon’s
                                                       flotation     unit     will
                                                       remain      above      the
                                                       surface of the water
                                                       over     which      it   is
                                                       constructed        if     a
                                                       distributed live load is
                                                       applied to half of the
                                                       surface       of       the
                                                       pontoon’s flotation unit
                                                       and all of the surface of
                                                       the pontoon’s access
                                                       walkway;

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Performance Criteria                     Acceptable Solution                         Comments

Design, construction and safety – pontoons

                                         b)   if a relevant planning scheme
                                              standard is more stringent than
                                              the standard mentioned in
                                              paragraph (a) – the relevant
                                              planning scheme standard, to the
                                              extent it is more stringent than
                                              the standard mentioned in
                                              paragraph (a).
18.3 Prescribed tidal works that are a   (s 5(2) outcome)                            Compliant.
pontoon        are     designed   and
constructed in a way to ensure any       The design and construction of the
load applied to the pontoon by a         pontoon is consistent with the
person or thing on the pontoon does      following standards:-                       The structure is appropriately
not cause the pontoon to tip over or                                                 designed for its intended purpose
tilt to a degree causing the person or   a)   subject to paragraph (b):-             and will be consistent with the
thing to fall off the pontoon.                (i) for a pontoon constructed          Australian Standards relevant to the
                                                                                     design and construction of the
                                                   within a marina – AS 3962 to
                                                                                     structure. The engineered plans show
                                                   the extent requirements
                                                                                     relevant loadings and these are also
                                                   stated in the Standard apply      addressed in the engineer’s design
                                                   to relevant loading matters       report.
                                                   for     the      design      or
                                                   construction       of       the
                                                   pontoon; or
                                                                                     All access walkways extend at least
                                              (ii) for     a    pontoon        not
                                                                                     500mm onto the receiving flotation
                                                   constructed       within      a   unit.
                                                   marina:-
                                                   (A) the pontoon’s access
                                                        walkway extends at
                                                        least 500mm onto the         The pontoon is not used only for
                                                                                     rowing.
                                                        pontoon’s        flotation
                                                        unit; and
                                                   (B) for a pontoon use only
                                                        for rowing – at least        The live load for the flotation units is
                                                        75mm of the height of        compliant with the requirement. The
                                                        the pontoon’s flotation      engineer’s    design     report    and
                                                                                     construction plans confirm relevant
                                                        unit remains above the
                                                                                     details.
                                                        water over which it is
                                                        constructed        if    a
                                                        distributed live load is
                                                        applied to half of the
                                                        surface       of       the
                                                        pontoon’s flotation unit
                                                        and all of the surface of
                                                        the pontoon’s access
                                                        walkways; and
                                                   (C) for a pontoon other
                                                        than      a      pontoon
                                                        mentioned in sub-
                                                        subparagraph (B) – the
                                                        top surface of the
                                                        pontoon’s flotation unit

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Performance Criteria                      Acceptable Solution                        Comments

Design, construction and safety – pontoons

                                                        remains above the
                                                        water over which it is
                                                        constructed      if     a
                                                        distributed live load of
                                                        1.5kPa is applied to half
                                                        of the surface of the
                                                        pontoon’s flotation unit
                                                        and all of the surface of
                                                        the pontoon’s access
                                                        walkways; and
                                                   (D) the whole base of the
                                                        pontoon’s flotation unit
                                                        remains in contact with
                                                        the water over which it
                                                        is constructed at all
                                                        times and tilts no more
                                                        than 15o at any time;
                                          b) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a)– the relevant
                                               planning scheme standard, to the
                                               extent it is more stringent than
                                               the standard mentioned in
                                               paragraph (a).
18.4 Prescribed tidal works that are a    The design and construction of the         Compliant.
pontoon      are    designed      and     pontoon is consistent with the
constructed in a way to ensure the        following:-
pontoon’s flotation unit will:-
                                          a)  subject to paragraph (c), the          The         proposed        pontoon
                                                                                     redevelopment will be secured by
(a) rise and fall to allow for a change       pontoon’s flotation unit is:-
                                                                                     steel piles that will enable the
    in tidal water levels, including a       (i)   attached,     through      the
                                                                                     flotation units to move up and down
    change caused by a flood or                    pontoon’s      system       for   with the tidal movements.
    storm tide; and                                mooring the unit, to
(b) not be separated from the lot to               concrete anchors in the
    which the pontoon is connected                 bank landward of the
    because of:-                                                                     The height of the piles at RL3.2m
                                                   pontoon; or
                                                                                     (AHD) is suitable for tidal water levels
    a. a change in tidal water levels        (ii) moored by piles;
                                                                                     from flood or storm events.
         mentioned in paragraph (a);      b) subject to paragraph (c), if a tidal
         or                                   water level change resulting from
    b. the flow of tidal water                a flood or storm tide with an AEP
         around       the      pontoon,       of 1% would cause a pontoon’s
         including tidal water affected       flotation unit to detach from the
         by a flood or storm tide.            system for mooring the unit:-
                                              (i) the standard applying under
                                                   paragraph (a); and
                                              (ii) the pontoon’s flotation unit
                                                   is restrained with a tethering
                                                   system to withstand the
                                                   effects of the event;

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – pontoons

                                          c)   if a planning scheme standard is
                                               more stringent than the standard
                                               mentioned in paragraph (a) or
                                               (b)– the planning scheme
                                               standard, to the extent it is more
                                               stringent than the standard
                                               mentioned in paragraph (a) or
                                               (b).
18.5 Prescribed tidal works that are a    The design and construction of the        Compliant.
pontoon identifies the lot to which       pontoon is consistent with the
the pontoon is connected.                 following standards:-

                                          a)   a label that identifies the lot to   A label identifying each pontoon
                                                                                    finger component to the lot will be
                                               which the pontoon is connected
                                                                                    fixed to the top surface of each
                                               is written or stamped on, or fixed
                                                                                    pontoon flotation unit.
                                               to, the outside of the pontoon’s
                                               floatation unit;
                                          b) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph a) – the relevant
                                               planning scheme standard to the
                                               extent it is more stringent than
                                               the standard mentioned in
                                               paragraph a).
18.6 Prescribed tidal works that are a    (s 5(2) outcome)                          Not applicable.
pontoon permanently used for the
fueling of, or the storage of fuel for,   The design and construction of the
vessels are designed and constructed      pontoon is consistent with the
in a way to ensure:-                      following standards:-                     The proposed redevelopment does
                                                                                    not involve any changes to the
(a) the pontoon is able to support its    (a) subject to paragraph (c), each of     existing fuel facility. The centre access
intended loads, having regard to its          the      following       Australian   walkway housing all fuel lines and
relevant loading matters; and                                                       supporting the existing fuel bowser
                                              Standards      to    the    extent
                                                                                    will remain in place.
                                              requirements stated in the
(b) the pontoon is safe for persons
using the pontoon.                            Standard apply to relevant
                                              loading matters for the design or
                                              construction of the pontoon:-
                                              (i) AS/NZS 1170.0;
                                              (ii) AS/NZS 1170.1;
                                              (iii) AS/NZS 1170.2;
                                              (iv) AS1170.4
                                              (v) AS 4997;
                                          (b) Subject to paragraph (c), AS 3962
                                              to the extent requirements stated
                                              in the Standard apply to a
                                              pontoon permanently used for
                                              the fueling of, or the storage of
                                              fuel;
                                          (c) if a relevant planning scheme
                                              standard is more stringent than

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NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – pontoons

                                             the standard mentioned in
                                             paragraph (a) or (b) – the relevant
                                             planning scheme standard, to the
                                             extent it is more stringent than
                                             the standard mentioned in
                                             paragraph (a) or (b).
 Performance Criteria                     Acceptable Solution                       Comments

 Design, construction and safety – revetments and seawalls

 19.1 Prescribed tidal works that are     (s 5(2) outcome)                          Not applicable.
 a revetment or seawall are designed
 and constructed in a way to ensure it    The design and construction of the
 is able to support its intended loads,   revetment or seawall is consistent
 having regard to its relevant loading    with the following standards:-            The proposal is not a retaining wall,
 matters and its intended design life.                                              revetment or seawall.
                                          a)   subject to paragraph (c), each of
                                               the      following      Australian
                                               Standards      to   the     extent
                                               requirements stated in the
                                               Standard apply to relevant
                                               loading matters for the design or
                                               construction of the revetment or
                                               seawall:-
                                               (i) AS/NZS 1170.0;
                                               (ii) AS/NZS 1170.1;
                                               (iii) AS/NZS 1170.2;
                                               (iv) AS1170.4
                                               (v) AS 4997;
                                          b) subject to paragraph (c), AS 4678
                                               to the extent requirements
                                               stated in the Standard apply to
                                               earth-retaining structures;
                                          c) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard mentioned in
                                               paragraph (a) – the relevant
                                               planning scheme standard, to
                                               the extent it is more stringent
                                               than the standard mentioned in
                                               paragraph (a).
 19.2 Prescribed tidal work that is a     (s 5(2) outcome)                          Not applicable.
 revetment or seawall, is designed and
 constructed in a way to ensure it can    The design and construction of the
 withstand:-                              revetment or seawall is consistent
                                          with the following standards:-            The proposal is not a revetment or
 a) any tendency of overturning or                                                  seawall.
 sliding; and                             (a) subject to paragraph (d), a
                                              revetment or seawall is able to
 b) any other effects of waves or
                                              withstand the effect of waves, or
 changes in water levels on the
                                              a combination of waves and
 revetment or seawall.
                                              water levels, resulting from a

Page 25

NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                      Acceptable Solution                       Comments

Design, construction and safety – pontoons

                                              storm event with an AEP of 2%,
                                              factoring in projected sea level
                                              rise;
                                          (b) subject to paragraph (d), each of
                                              the      following      Australian
                                              Standards      to   the    extent
                                              requirements stated in the
                                              Standard apply to relevant
                                              loading matters for the design or
                                              construction of the revetment or
                                              seawall:-
                                              (i) AS/NZS 1170.0;

                                               (ii) AS/NZS 1170.1;

                                               (iii) AS/NZS 1170.2;

                                               (iv) AS1170.4

                                               (iii) AS 4997;

                                          d)   subject to paragraph (d), AS 4678
                                               to the extent requirements
                                               stated in the Standard apply to
                                               earth-retaining structures;
                                          e) if a relevant planning scheme
                                               standard is more stringent than
                                               the standard in paragraph (a), (b)
                                               or (c) – the relevant planning
                                               scheme standard, to the extent it
                                               is more stringent than the
                                               standard in paragraph (a), (b) or
                                               (c).
 19.3 Prescribed tidal works that are a   (s 5(2) outcome)                          Not applicable.
 revetment or seawall is designed and
 constructed to protect the revetment     The design and construction of the
 or seawall from erosion at the base of   revetment or seawall is consistent
 the revetment or seawall.                with the following standards:-            The proposal is not a revetment or
                                                                                    seawall.
                                          (a) subject to paragraph (d), a
                                              revetment or seawall provides for
                                              a sub-layer or enough filter
                                              material to prevent erosion of
                                              the land under the revetment or
                                              seawall;
                                          (b) subject to paragraph (d), the
                                              bottom edge of the base of a
                                              revetment or seawall will
                                              withstand undermining by scour;
                                          c) subject to paragraph (d), AS 2758
                                              to the extent requirements
                                              stated in the Standard apply to

Page 26

NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                       Acceptable Solution                       Comments

Design, construction and safety – pontoons

                                                the sizing and grading of filter
                                                layers and armour materials;
                                           d) if a relevant planning scheme
                                                standard is more stringent than
                                                the standard in paragraph (a), (b)
                                                or (c) – the relevant planning
                                                scheme standard, to the extent it
                                                is more stringent than the
                                                standard in paragraph (a), (b) or
                                                (c).
 19.4 Prescribed tidal works that are      The design and construction of the        Not applicable.
 a revetment or seawall are not            revetment or seawall is consistent
 adversely affected by hydrostatic         with the following standards:-
 pressure.
                                           a)   subject to paragraph (b), AS 4678    The proposal is not a revetment or
                                                                                     seawall.
                                                to the extend requirements
                                                stated in the Standard apply to
                                                hydrostatic pressure for earth-
                                                retaining structures;
                                           b)   if a relevant planning scheme
                                                standard is more stringent than
                                                the standard in paragraph (a) –
                                                the relevant planning scheme
                                                standard, to the extent it is more
                                                stringent than the standard in
                                                paragraph (a).

Performance Criteria                       Acceptable Solution                       Comments

Design, construction and safety – wharves

20.1 Prescribed tidal works that are a     The design and construction of the        Not applicable.
wharf are designed and constructed         wharf is consistent with the following
in a way to ensure it is able to support   standards:-
its intended loads, having regard to
its relevant loading matters.              a)   subject to paragraph (b):-           The proposal is not a wharf.
                                                i) for a wharf constructed
                                                    within a marina – AS 3962 to
                                                    the extent requirements
                                                    stated in the Standard apply
                                                    to relevant loading matters
                                                    for     the     design     or
                                                    construction of the wharf; or
                                                ii) for a wharf not constructed
                                                    within a marina – each of the
                                                    following          Australian
                                                    Standards to the extent
                                                    requirements stated in the
                                                    Standard apply to relevant
                                                    loading matters for the

Page 27

NOOSA RIVER ENTERPRISES PTY LTD AS TRUSTEE UNDER INSTRUMENT 708121382 – PRESCRIBED
TIDAL WORKS – OBOATS REDEVELOPMENT
Performance Criteria                   Acceptable Solution                      Comments

Design, construction and safety – wharves

                                                design or construction of the
                                                revetment or seawall:-
                                                  AS/NZS 1170.0;

                                                  AS/NZS 1170.1;

                                                  AS/NZS 1170.2;

                                                  AS1170.4

                                                  AS 4997;

                                       b)   if a relevant planning scheme
                                            standard is more stringent than
                                            the standard mentioned in
                                            paragraph (a)– the relevant
                                            planning scheme standard, to the
                                            extent it is more stringent than
                                            the standard mentioned in
                                            paragraph (a).

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