08/0383 - Referral Agency Response - EPA [As Published] · 142008.383

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ecoaccess

environmental licences and permits
Notice

EPA Permit number; IPCC01117608

A corresponding Concurrence Agency Response is attached for each assessable development type that
includes any stated conditions applying to an approval or gives the basis for refusing an application. Please
retain this documentation for your records.

Please note that it is a requirement under Section 3.5.15 of the integrated Planning Act 1997 that a copy of
the final Decision Notice (which includes the Agency's concurrence conditions) for this application issued by
the Sunshine Coast Regional Council, be forwarded to each referral agency.

In addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of native title
issues for an IDAS application rest with the Assessment Manager.

Review and appeal processes may be available to the applicant in regard to this decision. The applicant
should seek independent advice to confirm the procedures available.

3. Currency period

This approval will lapse unless substantially started within the standard currency periods stated in section
3.5.21 of the Integrated Planning Act 1997 applying to each aspect of development in this approval.

4. Assessment Manager Responsibilities

Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the integrated Planning Act 1997
that a copy of the final Decision Notice (which includes the EPA's concurrence response) for this application
issued by the Sunshine Coast Regional Council (Noosa); be forwarded to each referral agency. Therefore
could you please send a signed hardcopy to the EPA’s Ecoaccess Customer Service Unit, PO Box 15155
CITY EAST 4002 and an electronic copy to [email protected] addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of native title
issues for an IDAS application rest with the Assessment Manager. Therefore in this instance, the EPA has
not provided a notification to native title parties.

If you require more information, please contact Ms Zoe Helyer, the Project Manager, on the telephone
number listed below.

Yours sincerely

 

Enquiries:
hk heat ES - Reg Serv - Bne North - Sunshine Coast -
, EPA

PO Box 168
Delegate COTTON TREE QLD 4558
Environmental Protection Agency Phones Oy) rian ies
17-DEC-2008 ax: (07)
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Environmental Protection Agency

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Section 3.3.17 and 3.3.18 Integrated Planning Act 1997

EPA Permit’ number: IPCC01117608

 

Reference Number:

EPA Project Number:

Approval type:

EPA application date received: 04-JULY-2008

MCY1958
193755

Development Approval - Concurrence Agency Response

 

Relevant Laws
and Policies:

Coastal Protection and Management Act 1995 and subordinate legistation

 

Concurrence Agency

{tem 9 in Table 2 of Schedule 2 of the Integrated Planning Regulation 1998

 

 

Jurisdiction:
EPA Permit Number: IPCC01117608
Assessment Manager: 2008/383

 

Applicant:

Sunshine Coast Regional Council

 

Activity Description:

Operational Works carried out within a coastal management district that is
prescribed tidal works; and Interfering with quarry material on State coastal land
above high water mark .

 

Description of Subject

Noosa Spit and Main Beaches, NOOSA HEADS QLD 4567

 

Land:

 

 

Lot 114 Plan MCH839107, Lot 115 Plan MCH839107

 

 

Reasons for inclusion of development conditions

In accordance-with section 3.3.18(8) of the Integrated Planning Act 1997 and section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:

The Environmental Protection Agency is a concurrence agericy under the Integrated Planning Regulation 1998
for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or
aesthetic significance or value.

‘ Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as
required by legislation administered by the Environmental Protection Agency and the Queensland Parks and

Wildlife Service

 

Page 1 of 6

Environmental Protection Agency

Queensland Government
Environmentat Protection Agency

www.epa.qid.gov.au ABN 87 221 158 786 Queenstand Parks and Wildilfe Service

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Concurrence Agency Response

EPA Permit number: IPCC01117608

Additional information for the assessment manager

The Environmental Protection Agency referral agency jurisdiction for the development application is confined to
that aspect of the application involving the triggers identified in the response. EPA has no referral agency
jurisdiction in relation to other aspects of the development application.

In this regard it should be noted that the State Coasta/ Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state
planning policy. The assessment manager is required to give due consideration to the relevant State planning
policies when deciding the application.

Additional information for applicants

This approval is to be utilised concurrently with the most current development approval issued for dredging
works associated with the sand shifting facility at Noosa Beach (IPDE01113208). Reference should be made to
the conditions of the dredging approval when undertaking operational works associated with the sand shifting
activity.

It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within twenty
two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental

Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection
Act 1994.

This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104 of
the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals for
this development which may be required pursuant to this or other legislation, both State and Commonwealth.
Applicants are advised to check with all relevant statutory authorities for such approvals as may be required.

Contaminated Land

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on
the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after
becoming so aware, give notice to the Environmental Protection Agency.

ZL. beat

Rod Kent

Delegate

Environmental Protection Agency
17-DEC-2008

 

Page 2 of 7 Environmental Protection Agency

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Concurrence Agency Response

EPA Permit number: JPCC01117608

_Response to Development Application

The EPA, acting as a concurrence agency under the Integrated Planning Act 1997, provides its response to the
application (detailed above). The condition(s) listed below must attach to any approval for the development.

Conditions:

Agency Interest: General

1. The works must be undertaken in accordance with the plans listed below.

 

 

 

 

 

 

 

 

 

 

 

Plans: cb . an ce ee ge Tk ae
Drawing Number Prepared by . Date
33020-8-01 E Lex Nankervis 02/08/2008
33020-0-03 D Lex Nankervis 02/08/2008
33020-0-04 C Lex Nankervis 03/08/2008
33020-0-05 B Lex Nankervis 03/08/2008
33020-0-01 D Lex Nankervis 04/08/2008
33020-0-02 C Lex Nankervis 04/08/2008
33020-6-03 A Lex Nankervis 11/07/2007
33020-6-02 B Lex Nankervis 24/10/2007
33020-6-01 B Lex Nankervis 22/10/2007
33020-5-01 A Lex Nankervis 22/06/2007

 

 

 

 

 

2. The sand shifting activity and/or associated activities must not cause any disturbance to any items of
cultural heritage in the area. If any items of cultural heritage are discovered during construction or
operation, works must cease immediately and the appropriate authorities must be notified.

3. The Sunshine Coast Regional Council must ensure that all appropriate measures are taken to prevent
pollution as a result of silt runoff, oil and grease spills from machinery, concrete truck washout and alike.
Concrete agitator wash out shall only be conducted in a specified area to facilitate the removal of waste
concrete from the area to landfill. Wastewater from cleaning equipment shall not be discharged directly or
in-directly to any waters.

4. Your attention is drawn to the provisions of the Environmental Protection Act 1994 and the general
environmental duty of care not to pollute the environment or create a contaminated site when undertaking
works.

 

Page 3 of 7 sO, Environmental Protection Agency

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Concurrence Agency Response

EPA Permit number: IPCC01117608

Agency interest: Coastal

Sand Shifting Activity

5. The sand shifting activity and/or associated activities must not cause adverse impacts on the natural
coastal processes of the region.

6. A maximum volume of 60,000m3 of sand may be removed from the borrowed areas within any twelve
(12) month period, provided it is consistent with the net natural littoral drift rates and does not affect the
other approval conditions.

7. Sand is to be only extracted from area labelled ‘Area of Sand Extraction’ and only deposited in area
labelled ‘Area of Sand deposition’ as shown in Figure 1 (Drawing 33020-8-01 E).

8. While the sand shifter can be operated anywhere within the 200m x 55m area depicted east of the river
mouth training wall, its location shall always be sufficiently seaward to provide sufficient beach width so
as not to have detrimental impacts on the dune and vegetation system. ‘The sand shifter is not to cause
any long term recession of the beach profile.

9. No sand is to be removed from the coastal dune system.
10. No sand shall be permanently removed from the active beach system.

11. | The sand shifting activity and/or associated activities must not result in changes to hydrodynamics, tidal
prism and tidal regime of the Noosa River.

12. All practical and reasonable measures must be taken to prevent the occurrence of by-catch associated
with the operation of the sand shifting activity and/or associated activities.

13. | The sand shifter is not to operate below a depth of 8 metres below the natural surface profile or the depth
required to maintain stability of the Noosa River Training wall (whichever is the lesser).

14. Sand shall be placed uniformly along the section of beach to be nourished using the discharge outlets
available and in accordance with the specified plans.

15. All deposited sand shall be clean and free of silt, clay, organic material or any other deleterious substance
and must be of a grain size compatible with the existing beach sand

Acid Sulfate Soils

16. For all works within the Noosa Estuary that may potentially expose acid sulphate soils, an acid sulfate soil
investigation must be performed in accordance with the QASSIT Guidelines (Ahern C.R., Ahern M.R. and
Powell B., 1998, Guidelines for Sampling and Analysis of Lowiand Acid Sulfate Soils (ASS) in
Queensland 1998, Queensland Department of Natural Resources and Mines) or subsequent versions
thereof, prior to commencing the construction works.

17. Construction and operation of the sand shifting facility must comply with the latest edition of the

Environmental Protection Agency’s /nstructions for the Treatment and Management of Acid Sulfate Soils,
2001.

18. Acid sulfate soils must be managed such that contaminants are not directly or indirectly released, as a
result of the construction and operation of the sand shifting activity and/or associated activities, to any
waters or the bed and banks of any waters.

Vegetation and Dune Stability

19. All works must be undertaken in a manner that minimises damage to the vegetation adjacent to the site.

20. The width of clearing of the vegetation for access and construction works is to be minimised and mature
trees are to be retained where possible by minor realignment of the works.

 

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Concurrence Agency Response
EPA Permit number: _IPCC01117608

21. All organically enriched sand removed from the top layer (topsoil) within the proposed development areas
must be stockpiled separately prior to excavation, and respread over the development area after re-
profiling as part of the revegetation works.

22. All areas of exposed sand are to be stabilised against wind erosion during the construction period.

23. All material excavated from a dunal system for construction works must be placed, levelled and stabilised
against wind erosion on the seaward side of the building or structure.

24, Any erosion or loss of sand surrounding the works that occurs because of changes caused by the works
must be rectified.

25. Immediately following construction of the works:
e The dunal areas are to be re-profiled to achieve the natural profile of the system;

e Disturbed areas are to be stabilised against wind erosion and rainwater run-off erosion and
revegetated through the re-establishment of the endemic native plants common to the site;

,@ + The révegetated area is to be fenced off where necessary to prevent pedestrian access across the
: area; and

e Riparian vegetation is to be re-instated adjacent to the access jetty where existing vegetation is
disturbed and. where existing pump infrastructure is removed.

26. The drainage of process overflow waters and stormwater associated with the sand shifter pumping station
must not cause erosion of the dune or beach system.

Site Access

27. Access to the permanent pumping station site shall be along the designated vehicle access track, and the
surrounding dunal vegetation must be maintained to the satisfaction of the Environmental Protection
Agency. ,

a * m May 4

Coastal Management

Ba oay

28. The sand shifting activity and/or associated activities must not cause any long-term maintenance and
management implications

Erosion Prone Areas and Coastal Hazards

29. The Sunshine Coast Regional Council shall be responsible for the removal of the works, if in the opinion
> of the Environmental, Protection Agency, the works causes unacceptable adverse effects or suffers the
effects of erosion to the extent that it becomes a danger to the public.

30. Should the sand shifting facility and associated infrastructure be damaged as a result of sea erosion the
Sunshine Coast Regional Council shal! be responsible for the removal of all debris from the beach.

31. In the event of damage or loss by of the works by sea erosion, the Sunshine Coast Regional Council
must submit another application if reconstruction of the works is proposed.

32. Awritten undertaking from the Sunshine Coast Regional Council is to be received by the Environmental
Protection Agency agreeing that the works will be considered to be an expendable structure and that no
protection works, other than beach nourishment will be carried out in the event of an erosion threat.

 

Page 5 of? : Environmental Protection Agency

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Concurrence Agency Response

EPA Permit number: IPCC01117608

Monitoring

33,

34.

35.

36.

37.

The Sunshine Coast Regional Council is to develop a Sand Shifting Management Plan which details the
operational and monitoring strategies consistent with the conditions of this approval. The Plan shall
include a monitoring strategy for ensuring that the pumping regime is consistent with the natural net
littoral drift rates.. As a minimum, the plan should Include monthly monitoring of the vegetation line.

Details of the quantity of sand recycled are to be sent to the Environmental Protection Agency on a
monthly basis.

Within 12 months of establishment and at 5 yearly intervals or sooner if the Environmental Protection
Agency has reasonable concerns that the local or regional natural coastal processes are being adversely
affected, a program of research must be undertaken to determine the long-term impacts of the sand
shifting operation on the depositional characteristics of Noosa Estuary. In particular, the Environmental
Protection Agency seeks to determine whether the operation of the sand shifting facility within the active
system undermines the supply of sediment to the estuary. The Environmental Protection Agency must be
consulted in the development of the research program.

Recording of any faunal by-catch associated with the sand shifting activity must be undertaken on a daily
basis during days of operation. Records of by-catch must be provided to the Environmental Protection
Agency bi-annually for the first year of operation.

Beach and dune profiling is to be undertaken every 6 months for the first 5 years and annually thereafter
from the sand extraction area at Noosa Spit Beach to the sand deposition area at Noosa Main Beach.
One profiling event must be a detailed survey (survey intervals of <50m) and include profiling of the surf
zone (minimum 5m water depth). The other profiling event must include 4 profiles of the beach zone (two
at Noosa Spit Beach and two at Noosa Main Beach). Both surveys must be provided to the
Environmental Protection Agency upon completion.

 

Page 6 of 7 . Environmental Protection Agency

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IPCC01117608

Concurrence Agency Response

EPA Permit number:

 

 

 

 

 

 

 

 

 

BURIED HY ELECTRIC. CONDUTS .
———-————— _ RED SEA WATER SUPPLY PIPEUNE “pace

‘mm GATED) SAO /SEAWATER TRANSFER PIPELIEE oot tt

 

 

 

 

 

Tha preety rene fs propen of RAY PITS wae

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lcenaletniend ‘i ‘SUNSHINE COAST 0B No. 33020
aco roma ee TE ORR Coa:
T [pe ripaa sav oF Ermer 6 Sona OOO tT Sunshine af nenenmenms | “NOOSA SEACH NOURISHMENT
Cf vorhel tsb soot AT wt hse smsamm manne! SANDS RECYCLE AUTOMATED SYSTEM
7/07 | SeAMATER °5 & CET Oro AD TNT hare. SLURRY SYSTEM MARINE PTY LIMITED | TRANSFER PIPELINE ALIGNMENT
[ass TRS Pee 2 froapor ren eons Ui eer] sense a pos ie
a a = ralaa|wefoe| Sosa moot as] _33020-8-01 [FE

 

 

 

Figure 1: Drawing 33020-8-01 E (Areas of sand extraction and deposition).

Environmental Protection Agency

END OF CONDITIONS

 

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