Referral Agency Response DERM · MCU10/2127

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                                                                                                                Notice
                                                                                  Advice Agency Response

         2.3 Material Change of Use - Land in or near a conservation estate.
             Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 22
             - The advice agency has provided recommendations to the Assessment Manager and those
                 recommendations are attached to this Notice.

3.       General advice to assessment manager
         Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
         issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
         application at: PO Box 573, Nambour Qld 4560.
         The State's Native Title Work Procedures provide that responsibility for assessment of native title issues
         for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the
         relevant application has not provided notification to native title parties.

         Aboriginal Cultural Heritage Act 2003
         DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of applicants
         under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to include this
         information as an Advisory Note on the Decision Notice issued for the application.
         Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must
         take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural
         heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are
         $1,000,000 for a corporation and $100,000 for an individual.
         Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
         accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
         Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for
         the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage
         Act 2003.
         Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
         the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DERM.
         Application forms to undertake a free search of the Cultural Heritage Register and the Database may be
         obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the DERM website
         www.derm.gld.gov.au/cultural heritage.


     Delegate                                                Enquiries:
                                                             Department of Environment and Resource Management
                                                             Centenary Square Building
                                                             Currie Street, Nambour Qld 4560
                                                             PO Box 573, Nambour Qld 4560
     Daniel Leo
     A/Senior Officer                                        Telephone + 61 7 5451 2256
     Regional Planning and Coordination (Nambour)            Facsimile + 61 7 5451 2260
     Planning and Assessment - South East Region             Website www.derm.gld.gov.au
     29 March 2011


     Attachments
         • Advice agency response - Cultural Heritage
         • Advice agency response - Referable Wetland and Conservation Estate




     Page 2 of 2 •091217                                           Department of Environment and Resource Management

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Department of Environment
and Resource Management

                                                                                               Sustainable Planning Act 2009


                                                               DERM Permit 1 number:                                SPAR01606111

 Assessment manager reference:                      MCU10/2127
 Date application received:                         17 February 2011

  Permit type:                                      Development Permit

 Date of decision:                                  25 March 2011
 Decision:
                                                    For an advice agency response

                                                    The proposal as stated in the application will have no impact on the
                                                    cultural heritage significance of Halse Lodge (QHR No. 601393) and
                                                    consequently no advice agency recommendations or conditions are
                                                    provided.

  Relevant laws and policies:                       Queensland Heritage Act 1992
 Jurisdiction(s):
                                                    Material change of use - Land adjacent to or including a Queensland
                                                    heritage place

                                                    Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 23

Development Description

                                   Property/Location                                                              Development
                              Lots 1101, 1102,1103,1104,2101,2102,2103,
                              3101, 3102, 3103, 3104, 3105, 3 106, 3107, 3108,
 5 Morwong Drive,                                                                                     Material Change of Use
                              4201, 4202, 4301, 4302, 4401, 4402, 4501, 4502,
 Noosa Heads Q                                                                                        (multiple housing and visitor
                              5108, 6109, 7501, 7502, 7504, 8601, 8602, 9417,
 4567                                                                                                 accommodation)
                              10101, 10102, 10103, 10104, 10105, 10106, 10107
                              and 0 on SP190823




Peter Todd
Regional Cultural Heritage Coordinator, Land Services
Delegate
Chief Executive administering the Queensland Heritage Act 1992
Department of Environment and Resource Management
25 March 2011


1
  Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.

Page l of 1 •091130
Department of Environment and Resource Management                                                      Queensland Government
www.derm.gld.gov.au ABN 46 60 294 485

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Department of Environment
and Resource Management

                                                                                                 Sustainable Planning Act 2009


               DERM Wetlands and Conservation Estate Advice Agency Response

    Assessment manager reference:                     MCU10/2127
    Date application received:                        17 February 2011
    Permit' type:                                     Advice Agency Response
    Relevant laws and policies:                       Coastal Protection and Management Act 1995,
                                                      Environmental Protection Act 1994, and
                                                      Nature Conservation Act 1992
    Jurisdiction(s):                                  Material change of use - Land in or near a wetland. Sustainable
                                                      Planning Regulation 2009 - Schedule 7, table 3, item 21
                                                      Material change of use - Land in or near a conservation estate.
                                                      Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 22

Development Description(s)

                         Property/Location                                                          Development
    5 Morwong Drive,             Lots 1101-1104,2101-2103,                Material Change of Use - Multiple Housing Type 4
    Noosa Heads                  3101-3108, 4201, 4202,                   (conventional) and Visitor Accommodation Type 4
                                 4301, 4302, 4401, 4402,                  (conventional)
                                 4501, 4502, 5108, 6109,
                                 7501, 7502, 7504, 7601,
                                 8602, 9417, 10101-10107
                                  SP190823

Recommendation
The Chief Executive, Department of Environment and Resource Management (DERM), makes the following
recommendation to the assessment manager.
Wetland:
The Assessment Manager should consider the potential impacts of the proposed development on wetland
values, including the water quality, natural hydrological flows and ecological functioning of the wetland.
Development should meet the following outcomes:
•      Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
       the functioning and integrity of a wetland from development are avoided. A report prepared and certified by
       an appropriately qualified professional may assist the Assessment Manager to consider the impacts of the
       development on the ecological values and functioning of the wetland. If adverse impacts are unavoidable,
       the Assessment Manager is encouraged to ensure that the values lost are offset in order to achieve an
       environmental outcome equal or better than the wetland values that are impacted.

1
     Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.



Page 1 of 3 •091217
Department of Environment and Resource Management                                                         Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485

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                 DERM Wetlands and Conservation Estate Referral Agency Response

    Where a wetland management area is mapped as a `significant coastal wetland' under a Regional Coastal
    Management Plan it should be assessed against the policy for areas of state significance (natural
    resources). An Implementation Guideline should be consulted:
    http://www.derm.ald.gov.au/services resources/item details.Dhp?item id=202304&topic id=54.
     For areas where a regional coastal management plan does not exist, where the wetland management area
     is also defined as a 'significant coastal wetland' under the State Coastal Management Plan - Queensland's
     Coastal Policy 2001 (SCMP), any approval is consistent with SCMP policy 2.8.1, Areas of state significance
     (natural resources).
     Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained
     and managed to protect the environmental values of the wetland, and to ensure that the water quality
     objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved.
•   Maintain wetland water regime. The existing water regime (including surface and groundwater) within and
    linked to the wetland is maintained and managed to protect existing natural hydrological processes within
    the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland,
    and retaining and allowing for regeneration of native vegetation.
To ensure that the proposed development is able to meet the above outcomes, the Assessment Manager is
encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:
    •    a support area adjacent to the wetland that maintains and supports the environmental values of the
         wetland; and
     •   a separation area around the support area that protects the wetland from external threats such as
         sediment and nutrient discharge from surrounding landuse.
Buffer d istances should be maximised in order to maintain existing biodiversity values, habitat connectivity and
to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following buffer
widths are accepted by DERM as precautionary buffer widths likley to absorb impacts from external uses.
     •    within urban areas, a minimum 50m buffer to wetland
     •    outside of urban areas a minimum 200m buffer to wetland
     •    for 'significant coastal wetlands', a buffer width of 200m to wetland
Where required, revegetation of the buffer is recommended using native species representative of the pre-
clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance
where possible. A rehabilitation / revegetation management plan including weed management strategies may
assist in determining the rehabilitiation requirements for the development. Conditioning of any approval with
building or development envelope(s) may also be a useful way to give formal effect to any required buffer area.
The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan to
demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and
operational phases of development) will be effectively managed to prevent adverse impacts on wetland values.
Potential impacts are to be addressed through water sensitive urban design including compliance with South
East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design -
design objectives for urban storm water management. For areas outside of the South-east Queensland Regional
Plan area any approval should recognise the requirements of the the Draft Urban Stormwater- Queensland
Best Practice Environmental Management Guidelines 20092.




2 The Draft Urban Stormwater -Queensland Best Practice Environmental Management Guidelines 2009, is available at:
http://www.derm.gld.gov.au/environmental management/water/environmental values environmental protection water Policy/draft urban
stormwater abpem guideline 2009.html


Page 2 of 3 •091217                                                        Department of Environment and Resource Management

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                DERM Wetlands and Conservation Estate Referral Agency Response

Conservation Estate:
The Assessment Manager should consider the potential impacts of the proposed development on both the
habitats and environmental values contained within the conservation estate, as well as to the management
intent of the conservation estate. Development should ensure the following outcomes:
    •   Maintain habitat and biodiversity values: development avoids or minimises and mitigates adverse
        impacts on the functioning and integrity of habitats and environmental values contained within the
        conservation estate
    •   Development demonstrates there will be no adverse impacts on the ecological values and
        functioning of the conservation estate. An ecological report prepared by a suitably qualified professional
        may be one way that the Assessment Manager may choose to assess this outcome.
    •   Development maintains, conserves and enhances the current extent and connectivity within and
        between conservation estate areas
    •   Development does not compromise the management intent of the conservation estate.
The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works
including access tracks and roads and the conservation estate boundary in order to maintain the ecological
functioning and integrity of the conservation estate. Buffer distances should be maximised in order to maintain
existing biodiversity values, habitat connectivity and to avoid edge effects. The buffer may also assist in
ensuring that stormwater, wastewater, dust and erosion from the development site can be appropriately
managed to avoid adverse impacts on the conservation estate. A stormwater and wastewater management plan
may be one way the assessment manager may choose to ensure off-site impacts of development are
ameliorated. Revegetation of buffer zones using native species representative of the pre-clearing regional
ecosystem is recommended.
Establishing building or development envelope(s) may also be a useful way to give formal effect to any required
buffer area.
Neighbours to the conservation estate have a responsibility to keep dwellings and other infrastructure near
Queensland Parks and Wildlife Service (QPWS) managed lands in a condition that minimises fire risk to
themselves and their property as well as the protected estate and to appropriately ameliorate light and noise
issues. Consultation with QPWS officers is recommended to ensure management objectives of the conservation
estate including fire management, emergency services access and pest controls are met. A QPWS `Good
Neighbour Policy' may be of assistance and is available on the web at:
httD://www.derm.gld.gov.au/register/D01658aa.Ddf

Delegate                                                  Enquiries:
                                                          Department of Environment and Resource Management
                                                          Centenary Square Building,
                                                          Currie Street, Nambour..QLD 4560
                                                          PO Box 573, Nambour. QLD 4560

                                                          Telephone     + 61 7 5451 2256
Daniel Leo                                                Facsimile     + 61 7 5451 2260
A/Senior Officer                                          Email         DACoordinationSEQNorthOderm.gld.gov.au
Regional Planning and Coordination (Nambour)              Website       www.derm.gld.gov.au
Planning and Assessment - South East Region
29 March 2011




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Page 7

Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Attention: Kerri Coyle