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17497-s285 Concurrence agency response With conditions
Attached to the e-mail MCU14/0096 Referral Agency Response.
Our reference: SDA-0115-017497 Your reference: MCU14/0096 24 April 2015 Noosa Shire Council PO Box 141 TEWANTIN QLD 4565 Dear Jack Lewis Concurrence agency response—with conditions 3/15 & 4/15 Production Street NOOSAVILLE QLD 4566 – Lot 0 SP184294 & Lot 3 & 4 SP184294 (Given under section 285 of the Sustainable Planning Act 2009) The referral agency material for the development application described below was received by the Department of State Development, Infrastructure and Planning under section 272 of the Sustainable Planning Act 2009 on 4 February 2015. Applicant details Applicant name: Oceanic Technologies Pty Ltd Applicant contact details: C/- Martoo Consulting Pty Ltd PO Box 1684 NOOSA HEADS QLD 4567 Site details Street address: 3/15 & 4/15 Production Street NOOSAVILLE QLD 4566 Lot on plan: Lot 0 SP184294 & Lot 3 & 4 SP184294 Local government area: Noosa Shire Council Application details Page1 SEQ North Region Level 8, Mike Ahern Building 12 First Avenue PO Box 1129 Maroochydore QLD 4558
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Page 2
SDA-0115-017497
Proposed development: Development Permit for Material Change of Use – Animal
Husbandry Type 1 – Traditional (Aquaculture)
Aspects of development and type of approval being sought
Development Permit for Material Change of Use – Animal Husbandry Type 1 – Traditional
(Aquaculture)
Referral triggers
The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger Schedule 7, Table 2, Item 28—Certain aquaculture
Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval.
Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.
General advice to applicant
The applicant is requested to provide updated contact details to the Department of
Agriculture and Fisheries (DAF) at [email protected] on receipt of the decision
notice from the assessment manager. This notice must be in the approved DAF form
‘Change of Contact Details’ available at
www.daf.qld.gov.au/__data/assets/pdf_file/0007/76318/Change-contact-detail-DA.pdf.
Approved plans and specifications
The department requires that the following plans and specifications set out below and in
Attachment 3 must be attached to any development approval.
Drawing/Report Title Prepared by Date Reference Version/Issue
no.
Aspect of development: material change of use
Site Plan Martoo Consulting 08/03/2015 Drawing No. 1 N/A
Pty Ltd
Floor Plan Martoo Consulting 08/03/2015 Drawing No. 2 N/A
Pty Ltd
Floor Plan Martoo Consulting 08/03/2015 Drawing No. 3 N/A
Pty Ltd
Department of State Development, Infrastructure and Planning Page 2
Page 3
SDA-0115-017497
A copy of this response has been sent to the applicant for their information.
For further information, please contact Sarah Doring, Principal Planning Officer, SARA SEQ North
on 07 3882 8411, or email [email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager Planning
cc: Oceanic Technologies Pty Ltd C/- Martoo Consulting Pty Ltd, [email protected]
enc: Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Attachment 3—Approved Plans and Specifications
Department of State Development, Infrastructure and Planning Page 3
Page 4
SDA-0115-017497
Our reference: SDA-0115-017497
Your reference: MCU14/0096
Attachment 1—Conditions to be imposed
No. Conditions Condition timing
Material Change of Use
7.2.28 Certain aquaculture—Pursuant to section 255D of the Sustainable Planning Act 2009, the
chief executive administering the Act nominates the Director-General of Department of Agriculture
and Fisheries to be the assessing authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the following
condition(s):
1. The development must be carried out generally in accordance At all times
with the following plans:
Site Plan prepared by Martoo Consulting Pty Ltd, dated
08/03/2015, Drawing No. 1;
Floor Plan prepared by Martoo Consulting Pty Ltd, dated
08/03/2015, Drawing No. 2;
Floor Plan prepared by Martoo Consulting Pty Ltd, dated
08/03/2015, Drawing No. 3.
2. The development authorised under this approval is limited to At all times
indoor, saltwater finfish aquaculture facility with a maximum pond
area of 144m2.
3. The species authorised for aquaculture at this facility is restricted At all times
to:
Queensland Grouper (Epinephelus lanceolatus)
Barramundi (Lates calcarifer)
Cobia (Rachycentron canadum)
Flowery Cod (Epinephelus fuscoguttatus).
4. Provide written notice to [email protected], when the At least five (5)
development authorised under this approval has started. business days but no
This notice must state this permit number, the location and the greater than twenty
condition number under which the notice is being given. (20) business days
prior to the
commencement of
the use
5. Provide written notice to [email protected] of any Within 28 business
changes to the personal contact details for this approval. days of changes to
The notice must state this permit number, the location and the contact details
condition number under which the notice is being given.
6. An aquaculture production return must be submitted to Fisheries On the 31 July each
Queensland via [email protected], each year during year for the duration
the term of this development approval. This includes lodging a nil of the works the
return when no activity has occurred. subject of this
approval
Department of State Development, Infrastructure and Planning Page 4
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SDA-0115-017497
No. Conditions Condition timing
7. This development approval authorises the purchase of At all times
broodstock and culture stock from the holder of a commercial
fishing boat licence, a commercial fisher, or holder of any other
authority that allows the sale of the approved species.
8. The collection of broodstock from the wild is not permitted under At all times
this approval.
9. Aquaculture fisheries resources must not be released or sold for At all times
stocking purposes into Queensland waters (as defined in the Acts
Interpretation Act 1954).
10. Unless otherwise authorised, fisheries resources that are to be At all times
aquacultured and subject to this development approval must not
be sold, traded or given away for the purposes of using for bait.
This includes the use of whole fish and any part of the fish.
11. The permit holder must comply with: At all times
a) The Department of Agriculture and Fisheries
(Queensland) Health management technical guidelines
for aquaculture; and
b) the disease notification requirements in section 100 of the
Fisheries Act 1994, which states that ‘a person who
knows or reasonably suspects fishery resources or a fish
habitat is showing signs of disease, or knows or
reasonably suspects disease may be in fisheries
resources or fish habitat, must immediately notify the
chief executive or an inspector’.
12. Fisheries resources to be aquacultured must not be brought into At all times
Queensland for rearing without a health certificate or pathology
report issued by the exporting state or territory’s fisheries, or a
veterinary authority certifying the animals health, which must
include a statement that the specimens originate from:
a) a hatchery, farm, aquaculture premises or region which is
recognised as free from infection by the diseases on the
Queensland Declared Disease List based on the
requirements listed in the World Organisation for Animal
Health (OIE) Manual of Diagnostic Tests for Aquatic
Animals, current edition (Fifth edition 2006 or later) for
recognition as free from infection;
b) a hatchery, farm, aquaculture premises or region in which
an appropriately targeted surveillance scheme over 2
years has been undertaken under the supervision of state
or territory fisheries agencies or fisheries-approved
veterinary authorities, and where the requirements for
recognition as free from infection by diseases of concern
for that species on the OIE Manual of Diagnostic Tests
for Aquatic Animals, current edition (Fifth edition 2006 or
later), have been met; or
c) a single batch of gametes, larvae, fry, post-larvae, spat or
early juvenile or adult of a species of finfish, crustaceans
or molluscs, isolated from open waters, which has been
tested using suitable techniques (refer to QPIF Health
Translocation Protocols appropriate for the approved
species) to provide evidence that the batch is free from
infection by diseases of concern on the Queensland
Declared Disease List for that species.
Department of State Development, Infrastructure and Planning Page 5
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SDA-0115-017497
No. Conditions Condition timing
13. The species approved under this development approval must not At all times
be brought into Queensland for rearing unless an application to
allow the translocation of live aquatic animals into and within
Queensland form (FDU1398) and pathology report has been
completed and the administering authority has provided written
acknowledgement and approval of the translocation form and the
pathology report.
The application to allow the translocation of live aquatic animals
into and within Queensland and a signed copy of the pathology
report (as detailed above) must be provided to the administering
authority a minimum of 3 working days prior to all shipments into
Queensland.
It is a requirement that the pathology report or health certificate is
dated no more than 14 days before shipment date.
After arrival, any unusual clinical signs or mortalities in the stock
must be reported immediately to the Queensland Boating and
Fisheries Patrol. If directed by an officer of the administering
authority, specimens must be forwarded to a veterinary
laboratory.
14. The possession and use of ‘regulated fishing apparatus’ under At all times
the Fisheries Regulation 2008, Chapter 4, Part 1, Division 4,
Subdivision 1 (freshwater) and Subdivision 2, sections 188 and
189 (marine), are authorised at the approved aquaculture area.
15. Ponds and tanks are designed, constructed, managed and At all times
maintained to avoid leakage, ensure immunity from flooding, and
minimise biosecurity and disease risks.
16. The control over the release of water from all ponds, tanks and At all times
drainage systems within the approved aquaculture area must be
maintained.
17. All reasonable and practicable measures to ensure that all waters At all times
(ponds, tanks, aquaria drainage systems etc.) on the approved
aquaculture area are screened in such a way to prevent the
escape of any specimens (eggs, juveniles or adults) into
Queensland waters (as defined in the Acts Interpretations Act
1954).
18. Where waters are introduced for the aquaculture of the approved At all times
species, the permit holder must implement all reasonable
measures to ensure all waters are sufficiently screened to prevent
the movement of any juvenile or adult wild fauna (excepting
zooplankton) into the approved aquaculture area.
19. For the purpose of the Fisheries Act 1994, any development At all times
approval or resource allocation authority area, and any
associated areas which are used for activities related to the
approved aquaculture operation (including processing), and all
records relating to the aquaculture activity, must be made
available for inspection during reasonable hours.
20. The movement of all barramundi must comply with the “Health At all times
Protocol for the Importation and Movement of Live Barramundi
(FAMPR002)”.
Department of State Development, Infrastructure and Planning Page 6
Page 7
SDA-0115-017497 Our reference: SDA-0115-017497 Your reference: MCU14/0096 Attachment 2—Reasons for decision to impose conditions The reasons for this decision are: To ensure the development is carried out in the location and to the extent specified on the approved plans of development. To facilitate the monitoring of the development works for compliance purposes. To ensure the aquaculture facility is designed and managed to prevent impacts on fisheries resources and fish habitats. To keep accurate record of aquaculture production in Queensland. To ensure that broodstock is not collected from the wild without the correct permit. To ensure aquaculture resources are not released into Queensland water and to avoid biosecurity risks associated with the uncontrolled release of aquacultured species into the wild. Regulated fishing apparatus may be required to efficiently operate the aquaculture facility. To allow the purchase of broodstock from commercial fishers or other authority that allows the sale of the approved species. To facilitate the monitoring of the development works for compliance purposes of translocation requirements. Department of State Development, Infrastructure and Planning Page 7
Page 8
SDA-0115-017497 Our reference: SDA-0115-017497 Your reference: MCU14/0096 Attachment 3—Approved plans and specifications Department of State Development, Infrastructure and Planning Page 8
Page 9
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Page 11
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