2603-51054 SRA Response with conditions

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                                                                                                  2603-51054 SRA




SARA role:                              Referral agency
SARA trigger:                           Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation
                                        2017)

                                        Premises contaminated because of unexploded ordinance
SARA reference:                         2603-51054 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         12 Captains Court, Sunrise Beach
Real property description:              Lot 25 on RP903822
Applicant name:                         Avalon Projects
                                        C/- Adapt Development Management Pty Ltd
Applicant contact details:               [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Humans Right Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights.


Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (chapter 1, part 7, section 30
Development Assessment Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Helen Reilly, Planning Officer, on (07) 4032 3739 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Avalon Projects C/- Adapt Development Management Pty Ltd, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for early referral agency response
        Attachment 4 - Representations about a referral agency response provisions




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Attachment 1—Referral agency conditions
(Under Chapter 3, Part 3, Division 1, Section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be
attached to any development approval relating to this application)


 No.                      Conditions                                               Condition timing
 Material change of use
 10.4.3.1.1 – Contaminated land (unexploded ordnance) —The chief executive administering the
 Planning Act 2016 nominates the Director-General of the Department of State Development,
 Infrastructure and Planning to be the enforcement authority for the development to which this
 development approval relates for the administration and enforcement of any matter relating to the
 following condition:
 1.                       Provide certification to the Department of State         Prior to the commencement of
                          Development, Infrastructure and Planning at              [email protected] by an
                          approved contractor on the Australian
                          Government, Department of Defence,
                          Unexploded Ordnance (UXO) Panel that the;
                          (a) subject site has been remediated and
                              cleared of unexploded ordnances; or
                          (b) proposed use can be suitably managed on
                              the site.




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP) (version 3.5). If a word remains
        undefined it has its ordinary meaning.
2.      Provide the owner, occupier and any person employed to work on the subject site the following
        information:
         (a) Residual UXO may still exist following remediation and all work should proceed with due
             caution.
         (b) The procedure to be followed by any person finding an object suspected of being
             explosive ordnance or component thereof:
             i.         advise the police immediately
             ii.        do not disturb the object
             iii.       take action, where appropriate, to prevent it being disturbed by
         (c) Another person:
             i.         note its approximate dimensions and general appearance
             ii.        note the route to its location.
        Applicants wanting to find out more details of area management advice (AMA), current UXO
        investigations and remedial search contractors, may use the following websites:
                   Department of Environment, Tourism, Science and Innovation
                    https://www.des.qld.gov.au/
                   Commonwealth Department of Defence - http://www.defence.gov.au/uxo/




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Attachment 3—Reasons for referral agency response
(Given under chapter 3, part 3, division 1, section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
      the application is for a Development Permit for Material change of use for a Dwelling House at 12
       Captains Court, Sunrise Beach formally described as Lot 25 on RP903822
      the proposed development required referral for works located in an area with substantial unexploded
       ordnance potential
      SARA assessed the development application against State code 13: Unexploded ordnance (State
       code 13) of the State Development Assessment Provisions (SDAP), version 3.5
      SARA determined that the application complied with the relevant State code 13, with conditions to
       ensure the development:
           o    does not place another part of the environment, or human health, at risk as a consequence of
                development.

Material used in the assessment of the application:


      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.5), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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