SARA_Information response

   c) Demonstrate that adequate capacity will be provided in the bus setdown facility or passenger
      loading zone to cater for any regular bus or mini-bus services for a private ferry shuttle and
      that provision will be made on site for bus lay-by parking where the buses/minibuses are
      owned and operated by the resort. The passenger loading zone would need to be designed
      for the swept path of the maximum design vehicle likely to use it.
   d) Demonstrate that active transport infrastructure including safe, direct, convenient and
      inclusive pedestrian paths will be provided as part of the development and in the external
      road network to cater for any pedestrian and cyclist movements associated with the private
      ferry service.

Response:
The proposed ferry is an additional transport option being explored for the development and is not
intended to form part of the development approval. Details and confirmation of the proposed ferry
have not been finalised at this stage. Should more detailed investigations establish the ferry to be
viable, then it would operate as ancillary to the approved use. Compliance with PO26 – PO31 of
State code 6 is achieved, as demonstrated in the code response included in Appendix A, without the
ferry.

State code 25: Development in South East Queensland koala habitat areas (State code 25)

3. Action:
   Provide a response to the latest version of State code 25 in its entirety, identifying how the
   proposed development meets each PO.

Response:
Legal advice from planning law specialists Connor O’Meara has been obtained on the assessment
of a change application, which is not a minor change, and is included in Appendix B. This advice
confirms that:
(i)   Pursuant to Part 10 of Schedule 10 of Planning Regulation 2017 (“the Koala Regulations”)
      development is assessable development to the extent that it interferes with koala habitat in a
      koala habitat area that is not a koala priority area;
(ii) The Koala Regulations do not apply to the extent that the development (i.e. the interference
      with koala habitat) is consistent with the Development Approval; and
(iii) In their view, the interference with koala habitat proposed by the change application is
      consistent with the Development Approval and therefore the Koala Regulations are not
      engaged and do not apply.

The legal advice further confirms that even if the Koala Regulations were to apply, the assessment
according to law must be limited to the extent of the change and not upon elements of the
development approval that are not changing.

In addition refer attached Ecological Assessment Report and correspondence from Litoria
Consulting included in Appendix C. The Ecological Assessment Report demonstrates that the
proposed change application will result in a net gain in koala habitat through the additional retention
of areas containing ecological values.