13. OBoat Hire - Prescribed Tidal Works Code

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).