Council archive · source document
Development Application - Part 1 of 2 - Covering Letter, IDAS Forms 1, 6, 28 & Letter from Dept of Natural Resource & Dept of Transport · OPW11/0301
NDENCE
Place barcode here @^II.MIINII.IN'I
60405485
THIS IS THE FIRST PART OF A
MULTIPLE PART RECORD
Checklist 1 Part / Of c--),
(Please Circle)
Application number:
T:\L&AM1BCS IAMUNPORMATION MANAGEMENTWECORDS MANAGHM]I7 Contrd of Re co RMS ti Put Reoad Cover Sheet FIRST PAR
sc 2011
r"wdc
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 23 pages
Page 2
24/8/2011
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,
1. Application details - IDAS form 1
2. Prescribed tidal works - IDAS form 28
3. Building or operational work assessable against planning scheme IDAS form 6
4. Copy of lease issued by DERM highlighting our rights
5. Copy of proposed works ( Council have three copies of original plans and details on
file)
6. Copy of approved plan of Lot 60 highlighting leased area.
7. Plan of proposed extensions highlighting existing licensed boats within leased area.
8. Copy of approved jetty/pontoon extensions stamped 25`h November 1993
Please contact us if you require any further details or discussions.
Kind Regards
Rod Baker
Page 3
Application details-IDAS form i
(Sustainable PlanningAct zoog version i.o 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-IDASform t)
• 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 200.9 or the Sustainable Planning
Regulation 2009.
This form can also be completed online using Smart eDA at www.smarteda.gld.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) Iv >7o5 ^► R I Vt 2 CNrt2 PKlct I?TY LTD
For companies, contact name F_ 0D 9V4 1/ ,E p- g SAD c 4A
Postal address ZZ Z c,y r10C i sE
IVoOSAQILLC
Contact phone number S4- 49 7 513
Mobile number (non-mandatory)
Fax number (non-mandatory)
e-mail address (non-mandatory) C-b V1 v ► r le S
0 O T r)tfe . c ons
Page 4
i. What is the nature of development proposed? (tick all applicable box/es)
material change of use of premises
q
R1 building work
operational work
q reconfiguring a lot
2. What type of approval is being sought?
development permit preliminary approval both-provide details below
q
3. Is the application for a mobile and temporary environmentally relevant activity (ERA)?
No
I-1
Yes-complete table A and then go to question 5
q
Table A-name of each local government area in which the mobile and temporary ERA is proposed to operate
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
q street address/lot on the plan
q 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
(e.g. Logan, Cairns)
Unit Street Street name and official suburb/ Post- Lot no. Plan type
no. no. locality name code and plan no.
da a I c ' 1/Z TGC , do..:s o vi
L L-'--9-<- I /6o C IO
IDAS form r
'rsion r. o r8 December 2009
Page 5
uui
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
GDA94
F] WGS84
other
5. Total area of the premises on which the development is proposed (indicate hectares or m7)
6. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm, etc.)
ED RT w 1 z€ gV S I^ S kA V , 3 p f"i KPc Scs (N cz 1 r w L_
T NCLG Tv
7. Provide a brief description of the proposal (e.g. six unit apartment building, 30 lot residential subdivision etc.)
-1-0 ^5_12EC r , mot, co t o N ^^, FU C Po--roc, ,S[% TT r ES
W fTN (\ WA.Lk %Q Py RAM P W tTl-'I 1N ©v R, c. e-K-S0o A t2-t14
co 0
8. Is owner's consent required for this application? (refer to notes at the end of this form for more information)
No
Yes-complete either table D, table E or table F as applicable
Table D
Name of owner/s of the land
I/We, the above-mentioned owner/s of the land, consent to the making of this application.
Signature of owner/s of the land
Date
l£L4 ti ruin i
Version i. o rS Oecember zo00
Page 6
uuL
Table E
Name of owner/s of the land
q 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
q By making this application, I, the applicant, declare that the owner has given written consent to the making of the
application.
9. 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)
,' No Yes-complete table G
q
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)
Evidence the chief executive of the department administering the
1-1 resource is satisfied the development is consistent with an allocation
of, or an entitlement to, the resource
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
io. 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
q
q on strategic port land under the Transport InfrastructureAct 1994-complete table I
1M in a tidal water area-complete table J
Table H 1Name of water body, watercourse or aquifer
N O0Sr fZ% ji
rtion d'tvits-IDAS form i
Page 7
Table I Lot on plan description for strategic port land Port authority for the lot
Table J Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)
ii. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water, etc.)
E No F1 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)
No Yes-ensure the nature, location and dimension of proposed works are included in plans submitted
1-1
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 Yes
14. Has the portable long service leave levy been paid? (refer to notes at the end of this form for more information)
ET 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,LorP)
1
15. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of
the Sustainable Planning Act 2oo9?
El 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)
9pficalioj-, details-/OAS form i
Version i. o rB December 2ooy
Page 8
u IL
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
F Ft 1 assessment manager
Co e -t 6 ^, p 2sor^1
o zg
Ga Py C)r Lr /^5E
MSQ A Ce O U
A L-
LAiNS
17. Applicant's declaration
DBy making this application, I 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:
• Section 263 of the Sustainable Planning Act 20oy sets out when the consent of the owner of the land is required for an
application. Section 26o(i)(e) of the Sustainable PlanningAct2009 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 i99i 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 i99i 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.gleave.gld.gov.au. For further
information contact QLeave on 18oo 803 481 or www.gleave.gld.gov.au.
7plication details -/0,45 Torn;:
Version 1. o 18 December 2009
Page 9
Privacy-the information collected in this form will be used by the Department of Infrastructure and Planning (DIP) in
accordance with the processing and assessment of your application. Your personal details will not be disclosed for a purpose
outside of the IDAS process, except where required by legislation (including the Right to Information Act 2009) or as required
by Parliament. This information may be stored in a departmental database. The information collected will be retained as
required by the Public Records Act 2002.
OFFICE USE ONLY
Date received Reference numbers
NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER
To Council. I have been engaged as the private certifier for the building work referred
to in this application
Building
Date of engagement Name BSA Certification license number
classification/s
QLEAVE NOTIFICATION AND PAYMENT (for completion by assessment manager or private certifier if applicable)
Date receipted
QLeave Project Amount paid form sighted by Name of officer who
Description of the work Date paid
Number M assessment sighted the form
manager
The Sustainable PlanningAct 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.
ip/ication details -/0.45 form i
Version Y. o iS December 2009
Page 10
Integrated Development Assessment System form
Building or operational work assessable against
a planning scheme-IDAS form 6
(Sustainable Planning Act 2009 version i.o effective 18 December 2009)
This form must be completed for development applications for building works or operational work assessable against a
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-IDASform i
• 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 Act2009 or the Sustainable Planning
Regulation 2009.
This form can also be used for development on strategic port land under the Transport Infrastructure Act 1994.
This form can also be completed online using Smart eDA at www.smarteda.gld.gov.au
i. What is the nature of the work that requires assessment against a planning scheme? (tick applicable box/es)
0 building work-complete table A V1 operational work-complete table B
Table A
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 El preliminary approval
Are there any current approvals associated with this application? (e.g. material change of use)
List of approval reference/s I Date approved I Date approval lapses
Page 11
Table B
What is the nature of the operational work made assessable in the planning scheme? (tick applicable box/es)
road works stormwater water infrastructure
drainage works earthworks sewerage infrastructure
landscaping signage fl clearing vegetation under the planning scheme
q other-provide details C` S , y,x, ADOITIQIJR I F U C POW i ooch1 J .i rIES
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)
El development permit EJ preliminary approval both-specify below
LEI
Mkot/k Of BLOAT lW-,t 1ETT Ex ► O "IcN S
Is the operational work necessary to facilitate the creation of new lots? (e.g. subdivision)
a No Yes-specify the number of lots being created
q
Are there any current approvals associated with this application? (e.g. material change of use)
0 No F] Yes-provide details below
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 labour)
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: confirmed DeLJ 3 E O^y
• the location and site area of the land to which the application relates 1N ('EIZS
(relevant land)
• the north point
• the boundaries of the relevant land
• 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)
Page 12
• 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 x confirmed
q A5 ?i` a- ^E^ ►M
government's planning schemes and any other planning documents relevant to LEASE
the application
Applications for operational works involving earthworks (filling and excavating)
drawings showing: Elconfirmed
• 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
• 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)
Applications for operational works involving roadworks
drawings showing: q confirmed
• existing and proposed contours
• the centreline or construction line showing chainages, bearings, offsets if the
construction line is not the centreline 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
• 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
Page 13
Applications for operational works involving stormwater drainage
drawings showing:
q confirmed
• 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 -
Applications for operational works involving water reticulation
drawings showing:
0 confirmed
• 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
Applications for operational works involving sewerage reticulation
drawings showing:
q confirmed
• 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 andpfpe alignment
• location of house connections (if applicable)
• sewer pump station details (if applicable)
Applications for operational works involving street lighting
drawings showing:
q confirmed
• 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 variationsto normal alignment
• details of lighting levels
Page 14
Applications for operational works involving public utility services
drawings showing: confirmed
• any existing light poles and power poles
• any existing underground services
• details of proposed services
• alternation to existin(services
Applications for operational works involving landscaping works
drawings showing: E] confirmed
• the location of proposed plant species
• a plant schedule indicating common and botanical names, pot sizes and
numbers of plants
• planting bed preparation details including topsoil depth, subgrade
preparation, mulch type and depth, type of turf, pebble, paving and garden
edge
• the location and type of any existing trees to be retained
• construction details of planter boxes, retaining walls and fences
• the proposed maintenance period
• irrigation system details .
Notes for completing this form:
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 PlanningAct2009 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.
Page 15
Prescribed tidal work-IDAS form 28
(Sustainable PlanningAct 2009 version i.o 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 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-IDAS form i
• 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 PlanningAct2009or the Sustainable Planning
Regulation 2009.
This form can also be completed online using Smart eDA at www.smarteda.qld.gov.au
i. What type of approval is sought?
® development permit
preliminary approval
q
2. What is that nature of the prescribed tidal works and the nature of the use? (tick applicable box/es)
Private use Non-private use Estimated value of completed works ($)
g] jetty, pier or wharf
P6, ooo
® mooring pile
deck or boardwalk
q
q boat ramp or spillway
pontoon
q
revetment, sea wall or retaining wall
q
other-please specify below
q
Page 16
qqq
3. Is the application within a cul-de-sac, a bend in a waterway or other location where the side boundaries of the lot
are connected to the work and neighbouring lots are not at right angles to the waterway?
No Yes
q
4. Has a registered professional engineer of Queensland (RPEQ), or an interstate equivalent, certified that the works
comply with the design and safety provisions of the IDAS code for development applications for prescribed tidal
works in the Coastal Protection and Management Regulation 2003, schedule 4A? (non-mandatory)
No V] Yes-provide details below
q
Engineers name/s JbNN 1lbI N ^ssOci^>3Fs
Organisation name (if applicable) AS MoL/.
Postal address OFFIM It TgwA"J i iN PLAZA , M009,11NJIL S ;
i lL IjyJT IN a 4 S-, .
Contact phone number
^ ti 4617 L.51
Fax number (non-mandatory) S44 °1 1-7 2
e-mail address (non-mandatory)
RPEQ number (or equivalent if interstate)
Reference number of all plans to which this certification relates
5. Confirm that the following mandatory supporting information accompanies this application
Plans certified by a registered professional engineer of Queensland (RPEQ) Confirmation of Method of
(or an interstate or international equivalent registered with the appropriate lodgement lodgement
professional body) showing:
the location (real property description and boundaries) and dimensions of the confirmed OF-L-1616 1Z90
proposed works in relation to the land (including tidal land) that would abut or PtRStA11MLy .
adjoin the proposed works
the proposed works in relation to the locations and levels of lowest astronomical q confirmed
tide, highest astronomical tide, mean high water springs and the coastal
management district
the slope angles of the beds and banks of the tidal area and the finished levels of
q confirmed
the proposed works
Written statements or evidence
Page 17
a copy of the certificate of title for the land (including tidal land) that would abut confirmed ^EL^re 9
or adjoin the proposed works r 2s^ruRLGy .
details of how the proposed work addresses the IDAS code for prescribed tidal LI confirmed
work in the Coastal Protection and Management Regulation 2003, schedule 4A
details of the largest vessel, if any, to be moored at the structure confirmed f7^aN DEl1U
® not applicable F^^AU y
evidence that the proposed work will not prejudice the access rights of adjoining El confirmed
property owners in the form of:
• letters of support from adjoining property owner, or
• plans illustrating awater allocation area
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
q confirmed
approved but unconstructed neighbouring structures
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 Act200.(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.
Page 18
23 October 1997
DUNCAN & SWANSTON
SOLICITORS
PO BOX 256
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:
itle Reference: 40011892 /
Lot/Plan Parish
160 / CP908649 WEYBA
Area (in hectares): Surveyed 0.1 x5800
Tenn of ease: 20 yoars
Teo ancy: JOINT TENANTS
LESSEES
THOMAS NOEL MCCART, HAZEL MAY MCCART and RUSSELL MCCART
Tenant Correspondent: DUNCAN & SWANSTON,SOLICITORS
Correspondence Address: PO BOX 256
BUDDINA 4575
Conditions:
A34
The lessee shall use the leased land for marine facility purposes, namely boat .faire
purposes and purposes `incidental thereto including the mooring of vessels PROM ED
THAT no vessel or vessels shall be permanently berthed or moored along the.r,i2
of the head of the jetty and all activities relatin g to the permitted use shall be y i4ad
wholly within the lease boundaries.
Continued on Next
D E P A R T M E N T 0 F N A T U R A L R E S 0 U R C E S GOVERNMEN
Page 19
a
LIED
Applications for operational works involving public utility services
drawings showing:
q confirmed
• any existing light poles and power poles
• any existing underground services
• details of proposed services
• alternation to existing services
Applications for operational works involving landscaping works
drawings showing: f confirmed
• the location of proposed plant species
• a plant schedule indicating common and botanical names, pot sizes and
numbers of plants
• planting bed preparation details including topsoil depth, subgrade
preparation, mulch type and depth, type of turf, pebble, paving and garden
edge
• the location and type of any existing trees to be retained
• construction details of planter boxes, retaining walls and fences
• the proposed maintenance period
• irrigation system details
Notes for completing this form:
• 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 orMackay 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 PlanningAct 200915 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-/DAS form 6
Version i.o 28 Decembe/zoop
Page 20
96/004018 Page 2
(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.
(3) The annual rent shall be paid yearly In advance and shall be determined In accordance
with the provisions of the Land Act 1994.
(4) The lessee shall pay the cost of any required survey or resurvey.
(5) The lessee must keep any noxious plants, on the leased land, under control.
--(6) The lessee has the responsibility for a duty of care for the leased land.
(7) The lessee shall ensure that the use and development of the leased land conforms to
the Town Planning Scheme By-Laws and requirements of the Council of the Shire of
Noosa.
(8) 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.
(9) 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 Reserves)
(10) No compensation for improv ements or • developmental work shall be payable by the
State at the expiration of,the tease 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 condition of lease. " - `•`
A35
(1) The lessee shall allow any<person authorised under the Forestry Act 1959 access to the
leased land-for the purpose A timing and removing timber or removing other forest
products, or quarry material, or other material from the leased land.
(2) Except as hereinafter provided ttie lessee shall not Interfere with any forest products or
remove any quarry material (including any §tone, gravel, sand, earth, soli, 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 maybe 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.
Continued on Next
Page 21
A
96/004018 Page 3
C246 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.
C260 The lessee must supply, install and maintain, at the lessees' own expense, any navigation lights,
buoys, marks and warning 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.
C262 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.
C264 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 , so as to'render the same safe for
persons using same or being thereon or therein during the period between dusk and dawn.
0300 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.
C318 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 tie 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.
C320 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.
C328 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 od 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
Continued on Next
Page 22
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.
C332 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.
C333 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.
C334 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.
Di The lessee shall within twelve , (t 2) months, and thereafter at intervals as required b y-` tfie
Department of Natural Resources,. from the commencement of the term of the lease and to the
satisfaction of the Minister administering the Land Act 1994, provide evidence to the Department of
Nat'yal Resources that all structures erected on the leased land comply fully with all requirements
of any relevant Act or Acts.
0177 The lessee shall submit to the Department of Natural Resources before any construction work is
commenced a copy of plan§approved by the Noosa Shire Council and the Department of
Environment of all buildings pro;posed to be erected on the leased land from time to time.
G42 The lease is not eligible for conversion to freehold tenure in terms of Section 166 of the Land Act
1994.
H111 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.
H115 The provision of access to the leased land will not be the responsibility of the Local Government or
the State.
148 (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 indemnity 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
Continued on Next
Page 23
96/004018 Page 5
leased land and in connection with the use by the lessee its, agents. employees and servants of
any installation thereon.
L80 The lessee shall not effect any further structural improvements on the leased land without the
consent of the Department of Natural Resources, the Noose Shire Council and the Department of
Environment and any other relevant authority, having been first obtained.
L89 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.
M127 The lessee shall not use any structures erected on the leased land for human habitation.
M308 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, local-laws and regulations applicable
to the keeping and storage of such materials have been compiled with in every respect.
M312 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.
M377 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.
M378 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.
M386 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
Continued on Next
Page 24
Queensland
Government
12 GN ntpie Terrace
equest for comments extensions to Commercial Jetty. 222 G% mpic Terrace
He
ou for your e-mail of 27 October 2010 requesting further comments with reference to the
J extension to the Jetty at the above (oration
s a concurrence agency under the Integrated Planning Act 1997 and Coastal Prutazic n
lanagcment Act 1995.Maritime Safety Queensland has no objection to the proposal and ter
,mments and conditions set out in MSQ letter 710'01645(3) P34868 F.35086 F19 remain in
he contractor must complete construction within two years from the date of
Nn%tructlon is not completed. you will need additional or amended comment
► rtoAr %laster
c Safev Queensl
Regional I lartx► ur \taacr I B, khan
Opertrownt of Transport and Main Roads Our no 2151001
larsrna SA" Oua.MSlsrd rev 1s1
lams Opararons t 4, f nqunn James
IacAtlhw Avrna Easl Tehmft na K1 7
Used in these records
Development Application - Part 1 of 2 - Covering Letter, IDAS Forms 1, 6, 28 & Letter from Dept of Natural Resource & Dept of TransportRelated documentApplication case desk ↗
About this file
- File size
- 4.3 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.