Decision Notice - 010.2009.00001583.001 [As Published] · 142009.1583

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3.   The jetty should have a minimum level-walking surface that is level with the top of the
     revetment wall.
0.   A rigid handrail shall be fitted on one side of the walkway.
0.   No posts or vertical supports of the proposed jetty are to extend vertically from the structure
     unless they provide support for the handrail.
0.   No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
     elevating a vessel above the water without Council approval.
0.   There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
     the revetment wall.
0.   Lighting associated with the use shall be designed, installed, operated, and maintained in
     accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
0.   The jetty is to be used for private purposes only with no commercial operations to be
     undertaken.
0.   Rock scour protection, wrapped in geotextile, extends 3000 mm from the face of the revetment
     wall in this locality. Prior to driving piles, the rocks are to be removed to expose the geotextile
     and the geotextile cut neatly to allow it to be turned back. During pile driving, care is to be
     taken to ensure the geotextile is not damaged. At the completion of pile driving, the fabric is to
     be turned down around the pile and the rocks replaced around the piles.
0.   Boat repair activities will not be permitted on site.
0.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
0.   The mooring facility shall not be utilised for live-aboard purposes.
0.   Any construction and post construction activity is not to impact on the condition of the
     waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
     (1994) and the Environmental Protection (Water) Policy 1997.
0.   The approval or conditions do not constitute a ruling on structural safety and the applicant
     must make their own arrangement to ensure adequacy of design and work. Any approval
     granted does not warrant that such plans and specifications have been checked in detail, nor
     does it absolve the owner of the land from complying with all the conditions of this approval
     and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory
     regulations in the execution and/or performance of said works. The Council does not accept
     any responsibility for the accuracy of such plans and specifications as approved.
0.   Certification by a Registered Professional Engineer of Queensland that states that the jetty is
     constructed in accordance with best practice methods and is structurally sound shall be
     submitted to Council prior to the return of any bond monies held by Council. A final inspection
     and approval of the structure by Council’s Inspector is also required prior to the return of any
     bond monies held by Council. Please contact Council’s Planning Assessment Section to
     arrange the inspection.
0.   The Development Permit for Operational Works (Prescribed Tidal Works – Jetty) lapses if the
     works have not been completed by 7 December 2011, unless an application to extend the
     relevant period is approved by Council.
0.   The jetty shall be licensed with the Council upon completion of the structural work and shall be
     licensed annually thereafter.




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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency         Referral Address

 Not applicable

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.    Plan / Document Name                        Date
 09/175-1                          Working Drg      -   John   Norden    and   November 2009
                                   Associates

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      1.0.   On a Sunday or public holiday, at any time; or
      2.0.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991, Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council prior to
      commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.


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                                                                                     2009/1583



You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8      PROPERTY NOTES

Not applicable

0      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

0      FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Not applicable

0      SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

0      SUBMISSIONS
Not applicable

0      REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

0      RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

0      OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Yours faithfully,




Denis Wallace
Senior Development Planner




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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (1) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (2) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (3) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (4) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              ( ) a deemed refusal.
    (1) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (2) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (3) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
                                                                                                 Page 6 of 6