Town Planning Report and Appendices - Cooroibah

for a number of referral agency triggers now that the SARA provisions have
commenced, there are still a number of other entities that exist outside of SARA,
that still hold jurisdiction for their own referral agency triggers.

In accordance with Schedule 7 of the Sustainable Planning Regulation 2009 (SP
Reg), the proposed development requires referral for the following matters:


Constructing or raising waterway barrier works

The proposal will require referral to DILGP who will act as a ‘concurrence agency’
in accordance with Sustainable Planning Regulation 2009 – Schedule 7, Table 2,
Item 29, as the proposal involves the replacement of the existing culvert in a
Type 1 – Low waterway. The proposed works are not considered to constitute
Self Assessable development as the removal of vegetation lower than ground will
likely be required.


          State Development Assessment Provisions

The Queensland State Development Assessment Provisions (SDAP) set out the
matters of interest to the State for development assessment, where the Chief
Executive administering SPA (that, is the Director-General of DSD), is
responsible for assessing development applications as either Assessment
Manager or Referral Agency.

The SDAP is prescribed as a statutory instrument under SPA and contains the
matters the Chief Executive of SPA may have regard to in development
assessment, bounded by the decision-making rules outlined in SPA.

Specifically, the SDAP states that where the Chief Executive is a Referral Agency
for a development application under the provisions of the SP Reg mentioned in
Table B.3, Column 3, the application must comply with the State codes
mentioned in Table B.3, Column 5.

Table 4 summarises the relevant provisions of the SP Regulation (that is, the
referral triggers identified in Table 1) together with the matters of interest and
relevant SDAP module and corresponding code. Appendix F – SDAP Code
Assessment includes an assessment of the proposed works against each
module.

Table 4 - State Development Assessment Provisions Codes relevant to proposed
development

Matter of State         Relevant Provision of       Prescribed Relevant Module & Code
Interest                the Regulation              (for Material Change of Use)

Constructing or         Schedule 7, Table 2,        Module 5: Fisheries Resources
raising waterway        Item 29                     5.2 Constructing or raising waterway
barrier works



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