Development application part 1 of 2 - IDAS Forms 1, 28 & 6, Covering Letter & DERM Letter Regarding Lease 222 Gympie Terrace, Noosaville · OPW10/2110

Page 2

 
   

Application details—IDAS form 1

(Sustainable Planning Act 2009 version 1.0 effective 18 December 2009)

You MUST complete ALL questions unless the form indicates otherwise. Incomplete forms or forms without all necessary
information and documentation will result in your application not being a properly made application.

For all development applications, you must:
* complete this form (Application details—/DAS form 1)
* complete any other forms relevant to your application

* provide any mandatory supporting information identified on the forms as being required to accompany your
application.
Attach extra pages if there is insufficient space on this form.

4
All térms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009.

 

This form can also be completed online using Smart eDA at www.smarteda.qld.gov.au

 

 

Applicant details (note: the applicant is the person responsible for making the application and need not be the owner of
the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any
development permit or preliminary approval that may be issued as a consequence of this application will be issued to the
applicant.)

 

 

Name/s (individual or company name in full) Woot Eareeteses Pry “ry . 6 foar Led
For companies, contact name k (lon Gaued aa
Postal address 222 Cc we Te. nee Syohataess

Ving OLD 4S66

 

Contact phone number | S4HATSI3 ihe

se On mn

Mobile number (non-mandatory) O4 \ g 10% Sus . fir oA

if Np ns ale 0
7 es <
I ~*~

      
    
 

 

Fax number (non-mandatory)

e-mail addreBeveRsgivent Counter
22 SEP 2010

 

 

 

 

Tewantin

 

DEL aC UTS Cr 4 Paes

ie

 
 

Page 3

 

1. What is the nature of development proposed?-(tick all applicable box/es)

 

material change of use of premises

building work

operational work

OW

reconfiguring a lot

 

2. What type of approval is being sought? —

 

7] development permit | preliminary approval C] both—provide details below

 

 

3. Is the application for a mobile and temporary environmentally relevant activity (ERA)?

[_] No

[Y] Yes—complete table A and then go to question 5

 

 

Table A—name of each local government area in which the mobile and temporary ERA is proposed to operate

PEGA WAS ALZEADS APPROVEO THE WoRIS.

 

 

4. Location of the premises (complete table B and/or table C as applicable. Identify each lot in a separate row)

Table B—street address/lot for the premises or street address/lot on plan for the land adjoining or adjacent to the
premises

A street address/lot on the plan

L] street address/lot on plan for the land adjoining or adjacent to the premises (appropriate for development in
water e.g. jetty, pontoon)

 

 

Street address Lot on plan description | Local government area
Unit | Street | Street name and official suburb/ | Post- Lot no. Plan type Keng taiean, CAIs)
no. no. locality name code and plan no.

 

ZLL| Gympie Tee, Wootavilleusel |Lor 151) BPI08649 Sunshine Coast .

 

 

 

 

 

 

 

 

2 IDAS torm 1
Version 1.0 18 Decembei 2009

 

 

Page 4

OO

Table C—premises coordinates (appropriate for development in remote areas, over part of a lot or in water e.g. channel
dredging in Moreton Bay)

 

 

 

 

 

Coordinates Zone Datum Local government
(note: place each set of coordinates in a separate row) reference area (if applicable)
‘Easting Northing Latitude Longitude

 

[_] GDA,
[_] wess,
| other

 

 

 

 

meee Se 2 cepa Mesa

 

 

 

5. Total area of the premises on which the development is proposed (indicate hectares or m)

 

[65% m+ a!

6. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm, etc.)

 

Boal Wace Gus ntss AND WURIOSES INCIDENTAL THERETO

 

 

7. Provide a brief description of the proposal (e.g. six unit apartment building, 30 lot residential subdivision etc.)

TO EXECT ONE Adm S8CTION OF FLOATING (ONTOONS WITH A LALKLORY RAMP Comvecty

AND ONE lum SECTION oF FLOATING PONTOoMS, TO EWABLE SAFE hecess Awd
SECURING OF VESSELS wiTHIN GU LERSEO ARBA FoR Meokinn £ HICECINA PURPOSES |,

8. ls owner’s consent required for this application? (refer to notes at the end of this form for more information)

[J] No

C] Yes—complete either table D, table E or table F as applicable

 

 

Table D

Name of owner/s of the land Noos 4 AVE ENTELPUSES Ply Lro. |

|/We, the above-mentioned owner/s of the land, consent to the making of this application.
2.

 

 

Signature of owner/s of the land Ls

Date

 

 

 

 

—IDAS form 1
Version 1.0 18 December 2009

Page 5

Table E

 

Name of owner/s of the land

 

 

| The owner’s written consent is attached or will be provided separately to the assessment manager

Table F

Name of owner/s of the land NoosA diVer ENTECIAL SES fg Gp _

(A By making this application, I, the applicant, declare that the owner has given written consent to the making of the
application.

 

 

 

 

 

g. Does the application involve a state resource? (e.g. the application involves state land, or taking quarry materials.
Refer to the notes at the end of this form for more information)

 

 

7] No L] Yes—complete table G

Table G—state owned resources (provide details for each state resource in a separate table)

Nature of state-owned resource

 

 

Nature of evidence required (tick the

applicable box and attach a copy of the [| Evidence of an allocation of, or an entitlement to, the resource
evidence to this form)

C] Evidence the chief executive of the department administering the
resource is satisfied the development is consistent with an allocation
of, or an entitlement to, the resource ,

CJ Evidence the chief executive of the department administering the
resource is satisfied the development application may proceed in the
absence of an allocation of, or an entitlement to, the resource

 

 

 

10. Identify if any of the following apply to the premises (tick applicable box/es)

 

adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete table H
EC] on strategic port land under the 7ransport /nfrastructure Act 1994—complete table |

vd in a tidal water area—complete table

 

Table H Name of water body, watercourse or aquifer

NoosA Quver

 

 

IDAS form
Version 1.0 18 December 2009

 

 

Page 6

 

 

 

ae
if

|

1c
|
| a

 

Tablet Lot on plan description for strategic port land Port authority for the lot

 

 

Table } Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

Sunsitiwé Coast Reciowar Counce Sts

11. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water, etc.)

 

 

 

 

 

 

 

No L] Yes—ensure the type, location and dimension of each easement is included in the plans submitted

 

 

12. Does the proposal include new building work or operational work on the premises? (including any services)

im No W Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

 

13. Is the payment of a portable long service leave levy applicable to this application? (refer to notes at the end of this
form for more information) '

 

| No—go to question 15 LC] Yes

 

: x he en
14. Has the portable long service leave levy been paid? (refer to notes at the end of this form for more information) |

| No

Yes—complete table K and submit with this application the yellow local government/private certifier’s copy of the
receipted QLeave form

Table K Amount paid Date paid QLeave Project Number (6 digit number starting with A, B,
E, L or P)

 

 

 

 

 

 

 

15. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of
the Sustainable Planning Act 2009?

rie
| Yes—please provide details below

 

 

 

 

 

Name of local government Date of written notice given | Reference number of written notice given
by local government by local government (if applicable)
IDAS form:

a

Version 1.018 December 2009

Page 7

(I

 

16. List below all of the forms and supporting information that accompany this application (include all IDAS forms,
checklists, mandatory supporting information etc. that will be submitted as part of this application. Note: this question
does not apply for applications made on-line using Smart eDA)

Description of attachment or title of attachment Method of lodgement to
assessment manager

 

Ings Fuerr | + 2& + b —
Loe LETT. OF ACPROXML Flan ANR ( IN PERN

PLANS . eo

 

 

 

 

 

 

 

17. Applicant’s declaration

(A.py making this application, | declare that all information in this application is true and correct (note: it is unlawful to
provide false or misleading information).

 

 

Notes for completing this form

Question 8:

e Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an
application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required
under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or
include a declaration by the applicant that the owner has given written consent to the making of the application.

¢ Owner's consent is not required for a mobile and temporary ERA.

Question 9:

© Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a state resource, a
regulation may require the application to be supported by certain evidence prescribed under the regulation. Schedule
14 of the Sustainable Planning Regulation 2009 prescribes the state resources for which evidence is required to be
given, and the evidence required, to support the application.

Question 13:

¢ The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long
service leave levy is payable.

¢ The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are
prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.

Question 14:

« The portable long service leave levy need not be paid when the application is made, but the Building and Construction
Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

¢ Building and Construction Industry Notification and Payment Forms are available from any Queensland post office or
agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further
information contact QLeave on 1800 803 481 or www.gleave.qld.gov.au.

Version 2.0 18 December cee

 

Page 8

 

accordance with the processing and assessment of your application. Your personal det
outside of the IDAS process, except where required by legislation (including
by Parliament. This information may be stored in a departmenta
required by the Public Records Act 2002.

| be used by the Department of Infrastructure and Planning (DIP) in

ails will not be disclosed for a purpose

the Right to Information Act 2009) or as required
| database. The information collected will be retained as

 

OFFICE USE ONLY
Date received

Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER
To

 

 

to in this application

 

 

 

[

Council. | have been engaged as the private certifier for the building work referred

 

Date of engagement Name BSA Certification

Building
classification/s

license number

 

 

 

 

 

QLEAVE NOTIFICATION AND PAYMENT (for completion by assessment manager or priv

ate certifier if applicable) _

 

Amount paid
($)

Proj
rie toject Date paid

Description of the work "

Date receipted

form sighted by |Name of officer who
assessment sighted the form
manager

 

 

 

 

 

 

 

The Sustainable Planning Act 2
all other required application materials should be sent to your assessment mana

09 (SPA) is administered by the Department of Infrastructure and Planning. This form and
ger and any referral agencies.

IDAS torm 1
Version 1.0 18 Decembe: 2009

Page 9

 

mn

222 Gympie Tce, Noosaville
(behind the tennis court)

54497513

[email protected]
7

Dennis Wallace,

Senior Development Officer,
Tewantin Office,

Sunshine Coast Regional Council

Dear Dennis,
Re: Lodgment of operation works for extensions of pontoons for moorings
Please find attached lodgment forms with the following documents attached;

Application details — IDAS form 1

Prescribed tidal works — IDAS form 28

Building or operational work assessable against planning scheme IDAS form 6

Copy of lease issued by DERM highlighting our rights

Copy of proposed works ( Council have three copies of original plans and details on
file)

Copy of approved plan of Lot 60 highlighting leased area.

Plan of proposed extensions highlighting existing licensed boats within leased area.
Copy of approved jetty/pontoon extensions stamped 25" November 1993

Oe SS

eID

Please contact us if you require any further details or discussions.

Wel —

Rod Baker a

elopment Counter
22 SEP 209

Dev

 
     

 
   

 

 

Tewantin

Page 10

  

Ei P| fom Wiceeae ee NO Cay

 

Prescribed tidal work—IDAS form 28

(Sustainable Planning Act 2009 version 1.0 effective 18 December 2009)

This form must be completed for development applications for prescribed tidal work.

You MUST complete ALL questions unless the form indicates othe!
information and documentation will result in your application not bein

For all development applications you must:
e complete Application details—IDAS form 1

¢ complete any other forms relevant to your application

. provide any mandatory supporting information identified on

application.

Attach extra pages if there is insufficient space on this form.

  

ise, Incomplete forms or forms with

mp enlonane

22 SEP 2010

e forms as veins WANG company your

 
 

etre Counter

       
   

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning

Regulation 2009.

sary

 

This form can also be completed online using Smart eDA at www.smarteda.qld.gov.au

 

v
>
> >

 

 

4. What type of approval is sought?

 

 

A development permit

LE] preliminary approval

 

 

2. What is that nature of the prescribed tidal works and the nature of the use? (tick applicable box/es)--

 

jetty, pier or wharf
mooring pile

deck or boardwalk
boat ramp or spillway
pontoon

revetment, sea wall or retaining wall

OOSNOOSO

other—please specify below

Private use

OOOOO0O00

Non-private use

OOSOOSO

Estimated value of completed works ($)

 

 

$4,000

 

 

 

425,000

 

 

 

 

 

 

 

 

rami nr nC ma Cuts

 

(PET)

IN

elena eit

Government

Page 11

 

LC] No [J Yes—provide details below

 

 

 

 

 

 

 

 

 

Engineers name/s Tou Noapen % Ass
Organisation name (if applicable) |Q GOAT HI@E - Noosa VIVAL ENVTELPLISES Pry rip
Postal address 222 GYmMMEe Tce,
Noosaviccé Qi 4566
Contact phone number Saqq7 S513

 

 

Fax number (non-mandatory)

 

 

e-mail address (non-mandatory) \yte

 

 

 

@ obaathire .com

 

RPEQ number (or equivalent if interstate)

 

 

 

Reference number of all plans to which this certification relates ArtAcHEO .

 

 

5. Confirm that the following mandatory supporting information accompanies this application

 

 

Plans certified by a registered professional engineer of Queensland (RPEQ)
(or an interstate or international equivalent registered with the appropriate
professional body) showing:

Confirmation of Method of
lodgement lodgement

 

the location (real property description and boundaries) and dimensions of the
proposed works in relation to the land (including tidal land) that would abut or
adjoin the proposed works

A] confirmed Persengl
delivery

 

the proposed works in relation to the locations and levels of lowest astronomical
tide, highest astronomical tide, mean high water springs and the coastal
management district

YW confirmed Personal

deliey

 

the slope angles of the beds and banks of the tidal area and the finished levels of
the proposed works

 

| confirmed

 

 

 

Written statements or evidence

 

 

2 Prescribed tidal work—IDAS form 28

Version 1.0 18 December 2009

 

Page 12

OOO

 

a copy of the certificate of title for the land (including tidal land) that would abut
or adjoin the proposed works

El confirmed

 

details of how the proposed work addresses the IDAS code for prescribed tidal
work in the Coasta/ Protection and Management Regulation 2003, schedule 4A

| confirmed

 

details of the largest vessel, if any, to be moored at the structure

[VY] confirmed

wi) not applicable

 

evidence that the proposed work will not prejudice the access rights of adjoining
property owners in the form of:

e letters of support from adjoining property owner, or
e plans illustrating a water allocation area

| confirmed |

 

For applications within a cul-de-sac, a bend in the waterway or other location where the side boundaries of the lot

connect to the work and neighbouring lots are not at right angles to the waterway

 

photos of any constructed neighbouring structures or information about
approved but unconstructed neighbouring structures

 

 

L] confirmed

[| not applicable

 

 

 

Privacy—please refer to your assessment manager for further details on the use of information recorded in this form.

 

OFFICE USE ONLY

 

 

 

 

Date received Reference numbers

 

 

 

 

The Sustainable Planning Act 2009 (SPA) is administered by the Department of Infrastructure and Planning. This form and all
other required application materials should be sent to your assessment manager and any referral agencies.

 

Prescribed tidal work—IDAS form 28 |
Version 1.0 18 December 2009 |

Page 13

     

a planning scheme—IDAS form 6 22 SEP 2010

(Sustainable Planning Act 2009 version 1.0 effective 18 December 2009)

   

Tewantin

nal work assessable against

   

This form must be completed for development applications for building
planning scheme.

  

You MUST complete ALL questions unless the form indicates otherwise. Incomplete forms or forms without all necessary
information and documentation will result in your application not being a properly made application.

For all development applications, you must:
* complete Application details—/DAS form 1
* complete any other forms relevant to your application

. provide any mandatory supporting information identified on the forms as being required to accompany your
application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning

Regulation 2009. Ss as

This form can also be used for development on strategic port land under the ransport Infrastructure Act 1994.

 

This form can also be completed online using Smart eDA at www.smarteda.qld.gov.au

 

 

I equires assessment against a planning scheme? (tick applicable box/es)

 

 

ex building work—complete table A 7 operational work—complete table B :

 

TableA

What is the nature of the building work made assessable in the planning scheme (e.g. building, repairing, altering,
underpinning, moving or demolishing a building)?

 

 

 

 

What type of approval is being sought? (if you have indicated multiple works in the above question, please use an
attachment to this form to detail each approval request)

development permit fa preliminary approval

Are there any current approvals associated with this application? (e.g. material change of use)

 

List of approval reference/s Date approved Date approval lapses

 

 

 

 

 

 

 

 

 

 

Department of Infrastructure and Planning ore

Government

 

Page 14

LILO

 

Table B
What is the nature of the operational work made assessable in the planning scheme? (tick applicable box/es)
[_] toad works LE] stormwater [A water infrastructure
| drainage works CL] earthworks LC] sewerage infrastructure
LE] landscaping LC] signage LC] clearing vegetation under the planning scheme

 

[7] other—provide details ERECS TWO oe eae FLOATING PONTCONS SEGiNEA

 

 

What type of approval is being sought? (if you have indicated multiple works in the above question, please use an
attachment to this form to detail each approval request)

development permit LE] preliminary approval EL] both—specify below

 

 

 

Is the operational work necessary to facilitate the creation of new lots? (e.g. subdivision)

7] No | Yes—specify the number of lots being created

 

 

 

 

Are there any current approvals associated with this application? (e.g. material change of use)

We No | Yes—provide details betow

 

List of approval reference/s Date approved Date approval lapses

 

 

 

 

 

 

 

 

 

2. What is the dollar value of the proposed building work? (inc GST, materials and labou

 

$24 000

 

 

 

3. Confirm that the following mandatory supporting information accompanies this application

 

 

 

 

 

 

 

 

 

Confirmation of Method of
lodgement lodgement
All applications for operational works
site plans drawn to scale which show the following: 7] confirmed
e the location and site area of the land to which the application relates
(relevant land)
e the north point
e the boundaries of the relevant land
e the allotment layout showing existing lots, any proposed lots (including the
dimensions of those lots), existing or proposed road reserves, building
envelopes and existing or proposed open space (note: numbering is required
for all lots)
2 - Building or operational work assessable against a planning scheme—IDAS form 6

Version 1.0 18 December 2009

 

Page 15

LOO

 

© any existing or proposed easements on the relevant land and their function
© any access limitation strips :
¢ _all existing and proposed roads and access points on the relevant land

 

a statement about how the proposed development addresses the local
government’s planning schemes and any other planning documents relevant to
the application

V] confirmed

 

Applications for operational works involving earthworks (filling and excavatin

8)

 

drawings showing:

e existing and proposed contours

© areas to be cut and filled

¢ the location and level of any permanent survey marks or reference stations
used as datum for the works

e the location of any proposed retaining walls on the relevant land and their
height

¢ the defined flood level (if applicable)

¢ the defined fill level (if applicable)

W) confirmed

 

Applications for operational works involving roadworks

 

 

drawings showing:

e existing and proposed contours

¢ the centreline or construction line showing chainages, bearings, offsets if the
construction line is not the gentreline of the road and all intersection points

¢ information for each curve including tangent point chainages and offsets,
curve radii, arc length, tangent length, superelevation (if applicable) and
curve widening (if applicable)

¢ kerb lines including kerb radii (where not parallel to centreline) and tangent
point changes (where not parallel to centreline)

© edge of pavement where kerb is not constructed

¢ position and extent of channelisation

¢ location and details of all traffic signs, guideposts, guardrail and other street
furniture

© pavement markings including details on raised pavement markers

* catchpit, manhole and pipeline locations

e drainage details (if applicable)

© cross road drainage culverts (if applicable)

¢ concrete footpaths and cycle paths

¢ location and details for access points, ramps and invert crossings

 

¢ changes in surfacing material

| confirmed

 

 

 

3 Building or operational work assessable against a planning scheme—/DAS form 6

Version 1.0 18 December 2009

 

Page 16

LILO

 

Applications for operational works involving stormwater drainage

 

drawings showing:

existing and proposed contours .

drainage locations, diameters and class of pipe, open drains and easements
manhole location, chainage and offset or co-ordinates and inlet and outlet
invert levels .

inlet pit locations, chainage and offset or co-ordinates and invert and kerb
levels

| confirmed

 

Applications for operational works involving water reticulation

 

drawings showing:

kerb lines or edge of pavement where kerb is not constructed
location and levels of other utility services where affected by water
reticulation works

pipe diameter, type of pipe and pipe alignment

water main alignments

water supply pump station details (if applicable)

minor reservoir details (if applicable)

conduits

location of valves and fire hydrants

location of house connections (if applicable)
‘location of bench marks and reference pegs

| confirmed

 

Applications for operational works involving sewerage reticulation

 

drawings showing:

location of all existing and proposed services

location of all existing and proposed sewer lines and manhole locations
location of all house connection branches

kerb lines or edge of pavement where kerb is not constructed
chainages

design sewer invert levels

design top of manhole levels

type of manhole and manhole cover

pipe diameter, type of pipe and pipe alignment

location of house connections (if applicable)

sewer pump station details (if applicable)

LJ confirmed

 

Applications for operational works involving street lighting

 

drawings showing:

location of all light poles and service conduits

location of all other cross road conduits

type of wattage and lighting

any traffic calming devices

additional plans for roundabouts and major roads (if applicable)
details of any variations to normal alignment

details of lighting levels

 

| confirmed

 

 

 

 

4 Building or operational work assessable against a planning scheme—IDAS form 6

Version 1.0 18 December 2009

 

Page 17

LIL

 

Applications for operational works involving public utility services

 

drawings showing: C] conGirmed
© any existing light poles and power poles

any existing underground services
details of proposed services
e alternation to existing services

 

Applications for operational works involving landscaping works

 

drawings showing: CT confirined
e the location of proposed plant species

e aplant schedule indicating common and botanical names, pot sizes and
numbers of plants

e planting bed preparation details including topsoil depth, subgrade
preparation, mulch type and depth, type of turf, pebble, paving and garden
edge

e the location and type of any existing trees to be retained

¢ construction details of planter boxes, retaining walls and fences

¢ the proposed maintenance period

e irrigation system details

 

 

 

 

 

Notes for completing this form:

e This form can also be used for development applications for building works or operational works assessable against
the land use plan for Cairns airport land or’ Mackay airport land.Whenever a planning scheme is mentioned, take it to
mean the land use plan for the airport land.

Privacy—please refer to your assessment manager for further details on the use of information recorded in this
form.

 

OFFICE USE ONLY

 

 

Date received Reference numbers

 

 

 

 

 

 

The Sustainable Planning Act 2009 is administered by the Department of Infrastructure and Planning. This form and all other
required application materials should be sent to your assessment manager and any referral agencies.

 

5 Building or operational work assessable against a planning scheme—IDAS form 6
Version 1.0 18 December 2009

Page 18

DEPA

 

(ime Reference: 40011 eg

    

23 October 1997 ‘

DUNCAN & SWANSTON NATURA
SOLICITORS
PO BOX 256 RESOURCES

BUDDINA 4575

Dear Sir/Madam,

Approval has been obtained for the issue of LEASE FOR A TERM OF YEARS No. 208884 to commence
from 1 July 1997.

The Departmental File Reference for this action is NAM/000712.

Other details relating to the new tenure are as follows:

vo —

 

Lot/Plan Parish.

160 / CP908649 WEYBA

Area (in hectares): Surveyed 0.165800
Term of Lease: 20 years

Tenancy: JOINT TENANTS

 

| essees ‘|

THOMAS NOEL MCCART, HAZEL MAY MCCART and RUSSELL MCCART

 

 

Tenant Correspondent: DUNCAN & SWANSTON, SOLICITORS
Correspondence Address: PO BOX 256
BUDDINA 4575

Conditions:
A34

(1) The lessee shall use the leased land for marine facility purposes, namely boat hire

> purposes and purposes incidental thereto including the mooring of vessels PROVI RED }
THAT no vessel or vessels shall be permanently berthed or moored along the,9} FERS. g

of the head of the jetty and all activities relating to the permitted use shall be GQntdiie?

wholly within the lease boundaries. fe

   
  
  
 

Continued on Next

oem EN T 60 OF NATURAL RESOURCES QUEENS MeN

Your Ret: Our Ret: 46/004018 Enquiries 10° MA PARNIS Telephone: (07)5400951 Facsimile: (074) 900080
Foor 1, Centenary Square 64 Curie Street Nambour

Po Box 573 Nam!

bour Qid Q. 4560

Page 19

(2)
(3)
(4)

6)
~(6)

(8)

(9)

96/004018 Page 2

In the event of the lessee ceasing to use the leased land as provided for in Condition
A34 clause (1) above, the lease may be forfeited or cancelled.

The annual rent shall be paid yearly in advance and shall be determined in accordance
with the provisions of the Land Act 1994.

The lessee shall pay the cost of any required survey or resurvey.
The lessee must keep any noxious plants, on the leased land, under control.
The lessee has the responsibility for a duty of care for the leased land.

The lessee shall ensure that the use and development of the leased land conforms to

the Town Planning Scheme By-Laws and rece Romer ts of the Council of the Shire of
Noosa, === : A

The lessee must give the Minister administering the Land Act 1994, the information the
Minister administering the Land Act 1994 asks for about the lease.

The lessee shall not destroy any trees on the leased land unless in accordance with a
tree clearing permit under the provisions of the Land Act 1962 or the provisions relating
to the clearing for routine management purposes as prescribed in the Land Regulations
1988. (NOTE:- Routine Management provisions of the Land Act do not apply on leases
over State Forests and Timber ae)

(10) No compensation for. improvements, or developmental work shall be payable by the

(1)

(2)

State at the expiration of the lease, but the lessee shall either have the right to remove
moveable improvements within a period of three (3) months from the expiration of the
lease, provided all moneys due by the lessee to the State on any account whatsoever

have been paid, or be required*to remove those improvements as specified in any
further ceeeme of i. SHEr? OF *

fabee

+48 wast

The lessee shall allow any person authorised under the Forestry Act 1959 access to the
leased land. for the purpose. of, cutting and removing timber or removing other forest
products, or ‘quarry material, or other material from the leased land.

Except as hereinafter provided thie léssee shall not interfere with any forest products or
remove any quarry material (including any stone, gravel, sand, earth, soil, rock, guano
or clay which is not a mineral within the meaning of the Mineral Resources Act 1989) or
other material upon the leased land without the permission of the Minister administering
the Land Act 1994 except under the authority of and in compliance in every respect
with the requirements of a permit, licence, agreement or contract granted or made
under the Forestry Act 1959.

C147 The lessee shall, to the satisfaction of the Department of Transport keep the sight line of any

navigation

leads which cross the leased land clear of obstructions; however, with the prior

approval of the Department of Transport, the lessee may make alternative arrangements for

relocating any of the said leads.

C149 No vessel moored within the leased land may be used as a permanent place for human habitation.

C151 The lessee shall not carry out or allow to be carried out upon the leased land, any offensive,
noxious or noisesome occupation or business.

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C246

C260

C262

C264

c300

C318

C320

C328

96/004018 Page 3

If, as a result of carrying out works or any other cause attributable to the lessee any bank is
displaced, the lessee must, at the lessees’ own cost and expense, restore the bank to its former
condition and take such other action as is necessary to ensure the stability of the bank to the
satisfaction of the Department of Natural Resources.

The lessee must supply, install and maintain, at the lessees’ own expense, any navigation lights,
buoys, marks and waming signs which the Regional Harbour Master considers necessary. All

lights, buoys, marks and signs must be In accordance with the requirements of the Department of
Transport.

All works by the lessee to be constructed in, on, over, through or across and below high water
mark within the leased land require sanction pursuant to the provisions of the Harbours Act 1955
(as continued in force by Section 105 of the Transport Infrastructure Act 1994) and all works shall
thereafter be maintained in accordance with drawings sanctioned in terms of such Act.

The lessee shall, during the whole term of the lease, at the lessees’ own cost, keep the leased land
and all paths thereon and all structures of whatsoever description now or hereafter erected
thereon, in a safe condition for all persons using the same and the lessee shall not use or permit to
be used, the leased land, any paths thereon or any structures to be erected thereon or permit any
person to be thereon or therein at times between dusk and dawn, unless the same are lighted to
the satisfaction of the Minister administering the Land Act 1994;"S0"as to fender the same safe for
persons ‘using same or being thereon or therein during the period BetWeert dusk and dawn.

7 : wpab ete.
The lessee shall at all times take the necessary precautions to ensure that all lights on or above the
leased land are shielded to prevent glare or reflection which may interfere with safe navigation of
surrounding waterways or with the reasonable enjoyment of neighbouring properties. :

The lessee shall, at its own cost, provide waste and/or refuse collectors / containers for the use of
persons‘ occupying the leased land and such collectors/ containers shall be to the reasonable
satisfaction of the Department of Natural Resources and the Council of the Shire of Noosa.

The lessee shall, at its own cost, arrange to the reasonable satisfaction of the Council of the Shire
of Noosa for the collection and disposal of the contents of such collectors/containers.

The lessee shall, at its own cost, ensure that arrangements made for the collection and disposal of
the contents of such collectors/containers shall comply fully with the reasonable requirements of
the Council of the Shire of Noosa in regard thereto.

In all other respects, the lease shall be subject to the provisions of the Land Act 1994, the Harbours
Act 1955 (as continued in force by the Transport Infrastructure Act 1994), the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Pollution) Act 1995, the Nature
Conservation Act 1992, the Building Act 1975, the Workplace Health and Safety Act 1995, the
Environmental Protection Act 1994 and all relevant Regulations and other relevant State and
Commonwealth Acts.

The lessee shall not put, cast or cause or suffer or permit a person to put, cast, or cause or suffer
to fall from any area of the leased land, any oil, grease, fuel or oil impregnated water and shall
strictly observe and comply with the provisions of the Transport Operations (Marine Pollution) Act
1995 and in this regard, the lessee shall provide and maintain, to the satisfaction of Regional

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C332

C333

C334

D1

D177

G42

H111

H115

148

96/004018 Page 4

Harbour Master, such equipment, apparatus and facilities as the Minister may from time to time
consider adequate for the collection, removal or disposal or destruction of any oil, grease, fuel or
oil impregnated water which has accidentally or otherwise discharged or has escaped into the
waters within the leased land.

The lessee shall take all reasonable action to ensure that all vessels attached to moorings within
the boundaries of the leased land shall be moored wholly within such boundaries and that such
vessels or any part/s thereof shall not encroach beyond the boundaries of the leased land.

The lessee shall, at the lessees’ own cost, maintain a depth of water within the leased land
sufficient to allow such waters to be freely navigated at the developed depths at all stages of the
tide by the classes of the vessels using the facilities situated therein and should any dredging be
required to maintain such depth of water then the lessee shall, at the lessees’ own cost, be
responsible for obtaining the relevant statutory approvals required to permit the carrying out of
such dredging and disposal of dredge spoil.

The lessee shall, at the lessees’ own cost, be responsible for the maintenance of order and good
conduct of persons within the leased land and such order and conduct shall be to the satisfaction
of the Minister administering the Land Act 1994.

    

 

The lessee shall: within twe ) months, and thereafter at intervals. as requiréd :
Department of Natural Resources, ‘from the commencement of the term, of the lease and tothe the’
satisfaction of the Minister administering the Land Act 1994, provide evidence to the Department of
Natural Resources that all structures, erected on the leased land comply fully with all renee
of any relevant Act or Acts."

Co
et tse

The lessee shall submit to the. ; Department of Natural Resources before any construction work & is
commenced: a* copy of plans, “approved by the Noosa Shire Council and the Department of
Environment of all buildings ‘proposed to be erected on the leased land from time to time.

The lease is not eligible for conversion to freehold tenure in terms of Section 166 of the Land Act
1994.

The lessee shall at all times during the whole of the term of the lease, allow the State and Local
Government free and unrestricted access to from and across the leased land.

The provision of access to the leased land will not be the responsibility of the Local Government or
the State.

(a) The lessee shall and does hereby indemnify and keep indemnified the State against all
damages, losses, costs, and expenses which the State may sustain, expend or be put to by reason
or on account of any neglect or default on the part of the lessee to observe and perform any of the
covenants or agreements on the part of the lessee herein contained or implied.

(b) The lessee shall and does hereby indemnify and keep indemnified the State in respect of any
accident howsoever occurring, other than through the negligent or wilful act or omission of the
State its or their servants or agents, which may occur in connection with the use by the lessee its
agents, employees, invitees, licensees, servants, visitors and the public at large of any part of the

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L80

M127

M308

M312

M377

M378

M386

96/004018 Page 5

leased land and in connection with the use by the lessee its, agents,. employees and servants of
any installation thereon.

The lessee shall not effect any further structural improvements on the leased land without the
consent of the Department of Natural Resources, the Noosa Shire Council and the Department of
Environment and any other relevant authority, having been first obtained.

The lessee shall, at its own cost and to the satisfaction of the Minister administering the Land Act
1994, cleanse, repair, support, amend, keep and maintain in good and tenantable repair and
condition, all buildings and other structures and improvements on the leased land and shall not
remove or alter any part or parts thereof except for necessary maintenance, repairs, renewal or
replacement and in the event of any damage thereto, the lessee shall, at its own cost, carry out the
repair or renewal or replacement thereof as soon as practicable.

The lessee shall not use any structures erected on the leased land for human habitation.

The lessee shall not keep, store or permit to be kept or stored on the leased land any materials of a
dangerous, flammable or explosive nature unless all statutes, Iocal-laws and regulations applicable
to the keeping and storage of such materials have been complied with in every respect.

The lessee hereby covenants and agrees with the Minister administering the Land Act 1994, that by
virtue of the execution of this lease, no liability is stated or implied or shall attach to the Minister
administering the Land Act 1994 in respect of the effects of inundation by seawater through storm

surge, other forms of tidal flooding, any variation In sea levels or other result or consequence
caused by global climatic change. . ‘

The lessee shall if and when required by the Department of Natural Resources enter into an
agreement with the Department of Natural Resources regarding reasonable carparking and
reasonable landscaping pertaining to the leased area:

The lessee shall if and when required by the Council of the Shire of Noosa effect reasonable water
reticulation and sewerage service to the leased land to the satisfaction of the Council.

The lessee at the lessees’ own cost and to the satisfaction of the Minister administering the Land
Act 1994 and the Queensland Fire Services, shall provide and maintain such equipment, apparatus
and facilities as the Minister administering the Land Act 1994 and the Queensland Fire Services
from time to time considers adequate for extinguishing and controlling fire upon the leased land
and the said facilities shall comply at all times and in all respects with the current requirements of
the Queensland Fire Services, and in this regard, the lessee shall if and when requested by the
Minister administering the Land Act 1994 so to do, provide the Minister administering the Land Act

1994 with written confirmation from the Queensland Fire Service that its requirements are being
complied with.
¢

Yours faithfully,

For District Manager

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