13. OBoat Hire - Prescribed Tidal Works Code

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;