Original Conditions December 1994

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1.6

1.7

1.8

1.9

1.10

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1.12

1.13

1.14

All buildings in Precinct C shall be a minimum 3 metres clear of the escarpment to
the south.
Twenty (20) copies of the Plan of Development are to be submitted to Council for

-gazettal purposes and incorporation in the Rezoning Deed. Four of such Plans shall

s

be of Al size or approximate and the remainder may be A3 size.

In accordance with the requirements of the Town Planning Scheme the Developer
shall make application for Permitted Development Subject to Conditions. Such
application or applications shall be preceded by or accompanied by. a Landscape
Design Report and an Architectural Design Report. However, Council's approval
to the Landscape Design Report and Architectural Design Report shall be obtained
prior to the issue of approval for Permitted Development Subject to Conditions.

The Architectural Design Report shall address the proposed architecture of all
principal buildings or typical buildings. The report shall include plans, elevations
and architectural interpretations, together with descriptions of external building
treatment, building materials, roof design and shall also address the orientation and
location of buildings. Other issues expected to be addressed include the relationship:
with buildings to the landscape theme, associated landscape areas and proposed
colours. The Report may be limited to a particular stage.

The architectural design, layout, theme, of the resort and landscaping shall be
appropriate to a coastal resort having proper sympathetic regard to the sensitive
nature of the site's Lake Weyba location.

Council acknowledges that the site may be developed in stages. However any
staging will require prior approval of Council at which time Council may determine
such conditions of this approval that will apply, with or without modification, to
each stage.

There is to be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.

An overall concept for advertising in accordance with the Noosa Design Manual is
to be submitted for approval by the Developer prior to approval being granted for
any advertising device upon the site.

A suitable helicopter landing area shall be established by the Developer. Such area
is to be used for emergency access only and not approved for passenger helicopter
services. :

~ The Developer is to provide details of the long term ‘operation and tenure of the

mdividual components of the resort at the time of lodging an application for
Permitted Development Subject to Conditions. *

The lit tennis courts shall be located a minimum of 50 metres from the boundary of
any existing or proposed lot intended for dwelling unit purposes.

cAnrad\word\condinrd87 fin

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1.15

1.16

1.17

1.18

All buildings in Precinct D shall be developed in locations clear of the escarpment to
the south. ,

All buildings and golf course improvements (including tees, fairways, greens and
access roads) shall be developed clear of the existing sledgelands vegetation in the
south eastern corner of the site. All buildings shall be developed 10 metres clear of
the common boundary with National Park.

The developer shall submit to Council a report outlining the means of co-ordinating
the requirements of the conditions of this approval for construction and operational
purposes and including the following matters:-

Drainage and pollution controls

Vegetation retention

Clearing of vegetation

Filling and excavation

Fertilizer and insecticide use

Installation of services

Methods to minimise nuisances during construction

Control of dust emissions and stormwater runoff during the construction
phase

0 Noise from fixed plant on completion of the development and from loading
bay operations and refuse collection.

ooooocoao°8

A maximum of 18 dwelling units shall be established in Precinct E2. Dwelling
units in Precinct E2 shall be constructed in-a manner that causes minimum
disturbance to the existing topography including the use of elevated floors to
minimise cut and fill operations around the dwelling units.

Road and access design in Precinct E2 and the adjoining Road Reserve shall be
undertaken in a manner to be sympathetic to the existing topography arid
vegetation. Minimum engineering standards of construction shall be applied. -

A minimum building setback to the Road Reserve adjoining Precinct E2 shall be
6 metres.

Any application for Approved Development Subject to Conditions (3B) for
development in Precincts E1 and E2 shall be accompanied by- written advice
from the Queensland Fire Service and the Department of Environment &
Heritage addressing the adequacy of the proposal in terms of protection from -
fires originating in the adjacent National Park. This approval is contingent upon
the developer obtaining approval from the Queensland Fire Service and’
Department of Environment & Heritage to fire protection measures other than
removal of existing vegetation in the National park or the adjoining road reserve
(except for access purposes). :

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1.19

1.20

2.0

2.1

2.2

Existing substantial trees in Precinct E2 in the locality of Dwelling Units
U29/30 as shown on Plans 390 SK30 ad 390 SK32 are to be retained. The
concept sketch plan 390 SK30 would require modification to comply with this-
requirement.

The main access road proposed through the forested area in the western part of
the site in the vicinity of Precincts B1, C1 and C2 shall be designed in a manner
sympathetic to the forest location. Minimum engineering standards shall be
applied so as to protect the forested character. The design may be enhanced by
the construction of a divided road in certain sections.

Development in Precinct G shall provide for the retention of an area of a
minimum 20 metres width in its existing state for buffer and screening purposes
generally to lie across the hillface.

REZONING DEED

Prior to the application being forwarded to the Minister, and after submission by the
Developer of the plans and further studies, (if any), required by these conditions to
be completed prior to rezoning, the Developer and, if the Developer of the lands is
not the registered proprietor of those lands, the registered proprietor/s of those lands
shall enter into a rezoning deed with Council recording the conditions of this
approval.

The deed shall be binding on the heirs assigns successors in title and other persons
or corporations claiming through or under the Developer and the registered
proprietor. The deed shall be prepared by the Developer's solicitors. All the
Developer's costs of and incidental to the preparation, execution and stamping of the
rezoning deed (including the Council's Solicitor client costs) including any
variation, addition or amendment, and all stamp duty shall be paid by the
Developer.

The Rezoning agreement shall further provide that the Developer will not assign .
absolutely or by way of’ security the interest, rights or obligations under these
conditions or part with possession of the lands or assign or lease or sublease or grant
a license or right to use the whole or any part/s of the land without tbe prior written
consent of the Council which consent shall not -be unreasonably withheld. In
granting its consent, the Council may impose conditions for the exercise of that

’ consent provided that such conditions are not inconsistent with the conditions-of this

approval. As part of those conditions, the Council may require the person or
corporation obtaining the benefit of the assignment, security, lease, sublease, licence
or right to use, to enter into a deed in terms similar to 2.1 and 2.3 hereof provided
that Council will not require a deed in respect of individual multiple welling units
or individual house sites. .

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2.3

3.0

3.1

3.2

3.3

3.4

In the event that the Developer assigns absolutely or by way of security the interests,
rights or obligations under these conditions or parts with possession of the lands or
assigns or leases or subleases or grants a license or right to use the whole or any
part/s of the lands without the prior written consent of the Council, the obligations
of the Council under these conditions shall continue and remain in full, force and
effect.

CIVIL ENGINEERING CONDITIONS- PRINCIPAL TIME CONSTRAINTS

The Developer shall, after rezoning has been gazetted, but prior to commencement
of any earthworks, prepare and submit for approval by Council the following:-

(a) the survey referred to in Condition 3.3;

(b) the master drainage report referred to in Condition 3.4;

“(© the overall general works programme referred to in Condition 5.1;

(d) a works programme setting out the information required by the Shire
Engineer relevant to the particular stage proposed to be undertaken.

Upon submission of the first building application, the Developer shall submit to the
Shire Engineer for approval; the sewerage reticulation system and the water
reticulation system referred to in the relevant sections of Conditions 6.0 and 7.0
respectively. Further, the developer is to submit with the first building application
the Q100 Flood Height relative to the site.

The Developer shail, after the rezoning has been gazetted, but prior to the
commencement of any earthworks, prepare and submit for approval by Council, a
survey control grid over the entire site that is subject to development. As part of the
survey the Developer shall install permanent survey marks levelled to Australian
Height Datum and submit the relevant Form 6. .

The Developer shall, after the rezoning has been gazetted, but prior to the ©
commencement of any earthworks, prepare and submit a master drainage plan
identifying existing major surface drainage paths, depths of existing waterways and
major culverts required across any proposed internal road. The master drainage
plan shall have regard to both minor storm Q10 frequency and a major storm event
Q4100. The master drainage plan shall incorporate a method of stormwater retention
including wet basins to improve water quality prior to it being discharged into Lake
Weyba. This master drainage plan is.to be approved by both Council and the
Department of Environment and Heritage prior to it being used as the basis of
drainage design. The developer shall complete the drainage works in accordance
with the master drainage plan. Detailed drainage plans shall be submitted-with the

_telative building application and the engineering design plans for the access road.

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4.0

4.1

4.2

4.3

LANDSCAPING

The Developer shall submit for Council approval a Landscape Design Report. The
Landscape Design Report shall be submitted to Council prior to .a, building
application. The Landscape Design Report shall be prepared by a landscape
architect experienced in resort landscape work. Such report shall address the
following:-

Existing vegetation pattern and areas for vegetation removal. The report shall

include justification for proposed removal of any significant vegetation. The report
shall also address the presence and establishment of wildlife corridors on the site

’

Means of identifying existing trees to be retained (for assessment of landscaping
plans and during construction);

Landscape theme in the development areas;

Landscaping improvements in the setback and open space areas;

General landscaping in other areas;

Names and sizes of species likely to be used, and

Proposed means of fertilising, pest and weed controls over the golf course and other
areas of landscape improvements. The Report shall further address the
appropriateness of proposed agricultural chemicals to be employed. ‘

All other relevant conditions contained in this approval.

The Landscape Design Report shall, unless otherwise approved by Council, pursue
a theme of primarily using specimens naturally found in the Noosa/Cooloola region.

Existing trees and vegetation shall be retained except -

(i) where required to be removed due to dam excavations, filling, building
operations or the conduct of an approved use; and :

Gi) - where the Shire Engineer has approved of the removal of the vegetation
’ and/or trees.

The Developer shall comply with the directions of. the Shire Engineer in regard to -

. the retention of existing vegetation and/or trees during construction of any. works or

buildings or during the excavation and/or filling of any area.

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4.4

4.5

4.6

4.7

4.8

5.0

5.1

6.0

6.1

All cleared vegetation is to be suitably processed or removed from the site at the
developer's expense by a method approved by the Shire Engineer. Burning off is
not considered an acceptable means of disposal and will not be approved.

The developer shall construct a public boardwalk/pathway system--along the
Esplanade frontage of the site and connecting to a public road nominated by
Council. The design and standard of construction shall be the subject of detailed
design plans to be submitted and approved by Council prior to construction. All
such works shall be completed to the satisfaction of the Shire Engineer. The
boardwalk/pathway system may be constructed in stages but shall be completed
prior‘to any further building permits being issued after 60% of the multiple dwelling
units have building permits issued, or within 3 years of the first certificate of
classification being issued for any building associated with the project, whichever is
the sooner.

This approval does not permit improvements in the foreshore at Laké Weyba or
Weyba Creek and the proposed beach is not approved.

Detailed landscaping plans shall be submitted for the approval of Council for each
area the subject of a building application or on application for excavation or filling.

All landscaping shall be completed in accordance with the approved Landscape
Design Report, the landscaping plans approved by Council (and the landscaping
plans approved by Council for areas of clearing, fill or works. for which an
Approval is not required). Landscaping shall be maintained at all times to the
reasonable satisfaction of the Shire Planner.

All fertilising, pest and weed control measures shall be carried out in accordance
with the approved Landscape Design Report.

WORKS PROGRAMME

A Works Programme shall be prepared by the developer detailing ‘lead' times 5 for
all construction.

SEWERAGE

The Developer shall, prior to the commencement of Stage 1 of the works, submit to
the Shire Engineer for approval plans for the sewerage reticulation system referred
to in 6.2 hereof. The design of the reticulation system shall meet Council's and the
Department of Local Government's Standards. As part of that system, the
developer shall submit proposals to prevent sewage from entering the groundwater,
and existing surface water system as a result of any mechanical, electrical or other
failure in any pump station. Such proposals may include storage tanks on the
development site for the temporary storage of 24 hours A.D.W.F., and appropriate
valves.

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6.2

6.3

6.4

6.5

6.6

6.7
6.8
6.9

6.10

The Developer shall provide at its cost a sewerage reticulation system including
rising mains and pump station for the whole of the development to connect to a
point nominated by the Shire Engineer on Council's system. The nominated site in
this case will be at or close to the inlet structure of Noosa Council sewerage
treatment plant. The size shall be such as to meet expected demand flows for the
proposed development. The mains extension from this nominated point to the site
including all pump stations necessary shall be deemed to be external works and will
be at the full cost of the Developer. The main shall be constructed in conjunction
with Stage 1 of the development.

All works external to the site shall be included wherever possible within road
reserves. Should it be necessary for the mains to cross private lands an easement
will be required to be obtained and dedicated in Council's favour. The costs of
obtaining and dedicating the easement/s shall be borne by the Developer.

Headworks contributions for sewerage reticulation shall be paid in accordance with
Council's policy current at the time of issue of the building approval plus C.P.I.
where relevant, and shall become due within fourteen (14) days of such approval:
Such timing shall only be varied should development of the pertinent stage bring
forward works required to meet the expected demands of that specific stage.
Deductions in accordance with Council's headworks policy shall apply to those
pertinent developments which form part of the overall development complex.

All augmentation works required to Council's existing sewerage system by the
development shall be done by the Developer at its full cost. Augmentation works
shall be deemed necessary as a result of the development if works in excess of
Council's existing and projected demands (excluding the development) are required
as a result of the development.

All pump stations not within a public road reserve are to be contained within a
separate parcel of land to be transferred to Council in fee simple. An easement of a
minimum width of 4.0 m. is to be granted in favour of Council over all rising mains
which are not contained within road reserves.

Standby power shall be provided for the main pump stations on the site and any
pump station not having standby power shall be constructed as a lift station.

An all weather road shall be provided to service the proposed rising main and pump
stations both internal and external to the site.

The Developer shall provide a water supply connection to all pump stations and
associated facilities.

The operation and maintenance of all sewerage mains and pump stations provided in
association with the development shall, after acceptance of works “on maintenance",
remain with Council. Rates in accordance with Council's policy shall be levied on
the developments contained within the subject site.

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6.11

6.12

6.13

6.14

7.0

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7.2
73

7.4

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7.6

77

The Developer shall submit to Council detailed transparency plans showing the “as
constructed" system of sewerage reticulation and other relevant engineering
drawings. The plans shall be submitted to-Council prior to Council accepting works
“on maintenance".

Toxic or chemical wastes shall not be introduced into the sewerage system. .-

Irrigation of treated or untreated effluent is not permitted on the site at this stage
including the golf course. Any request for this to occur will require a special
submission outlining the effects of this on the drainage system and Lake Weyba.

No direct discharge of sewage or treated effluent shall be permitted into Lake
Weyba or Weyba Creek, the existing drainage paths or proposed drainage paths.

WATER SUPPLY

The Developer shall be required to connect to Council's existing water supply
scheme at an approved location with a size nominated by the Shire Engineer to meet
the expected demand flows to the proposed development. The mains extension
from this nominated point to the site shall be at the full cost of the Developer. The
nominated point in this case is located at the’ northern point of the proposed
development site.

Scouring points shall be provided in the water main to ensure water quality.
Water meters are to be provided in accordance with Council policy.

All works external to the site shall be included wherever possible within road

reserves. Should it be necessary for the mains to cross private lands an easement __

will be required to be obtained and dedicated in Council's favour. The costs of
obtaining and dedicating the ¢asement/s shall be borne by the Developer.

Headworks contributions for water supply shall be paid in accordance with
Council's policy current at the time of issue of the building approval, plus CPI
where relevant, and shall become due within fourteen (14) days of such approval.
Deductions as detailed in Council's headworks policy, shall apply to those pertinent
developments which form part of the overall development complex.

A reticulation analysis shall be carried out and submitted to Council prior to the
approval of the first stage of development. The reticulation analysis shall ensure that
the minimum requirements for water flows and pressure as required by the
Department of Local Government guidelines and fire fighting standards are met. If
the development is to-be staged then analysis is required for each Stage of
development.

Internal water reticulation shall be provided by the Developer in accordance with
Council's standards and requirements of the Shire Engineer.

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7.8

79

8.0

8.1

8.2

8.3

8.4

The use of Council's bulk water supply for the general irrigation of landscaped areas
and the golf course is prohibited. The development shall provide its own bulk water
supply for general irrigation.

The Developer shall provide to Council detailed transparency plans showing the
system of water reticulation prior to any of the work being accepted “on
maintenance".

EXTERNAL ROADWORKS

The following works are to be carried out to the standards and requirements of the
Shire Engineer and the Department of Transport (Main Roads Division) where
relevant:-

The developer shall construct an access road between the development site and the
proposed roundabout on Cooyar Street near Tarina Street in conjunction with the
first stage of development. The minimum standard of construction shall be a 10 m.
wide formation with full width bitumen seal.

The developer shall construct the Cooyar Street roundabout including connections to
existing streets and proposed access road to development in conjunction with the
first stage of development. The developer is, to pay compensation to Council for
Council land required for the access road and roundabout. The value of the
compensation shall be as determined by Council's Valuer following completion of
the roundabout design is to be subject to, negotiation between Council and the
developer. ,

The Developer shali contribute $250,000 plus P.I.. increases measured from July
1993 (being the date of gazettal of the first rezoning of this site) towards the cost of
constructing improvements at the intersection of Leslie: Drive and the Cooroy-Noosa
Road. and towards the cost of upgrading the narrow section of Leslie Drive from
Arkana Drive to the Cooroy-Noosa Road. :

These contributions are to be paid prior to building permits being issued for more
than 30% of the development or within 12 months after the first Certificate of
Classification is issued for any building associated with the project, whichever is the
sooner.

The developer shall contribute $200,000 plus P.I increases measured from July
1993 (being the date of gazettal of the first rezoning of this site) towards the

. cost of constructing intersection improvements at the intersection of Cooyar

Street and Langura Street and the cost of upgrading the narrow sections of
Cooyar Street.

Such contributions shall’ be paid prior to the issue of any building permit in.
conjunction with the project. :

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8.5

8.6

8.7

9.0

9.1

9.2

9.3

The developer is to comply with all reasonable requirements of the Department of

Transport in respect of this development including the timing of works and the
provision of an overbridge (including separate provision for pedestrian/cycle traffic) .
over the proposed Eenie Creek arterial road. The construction of such overbridge is
to suit the ultimate construction standard of the Eenie Creek arterial.

During construction works associated with the development, Council shall assess
any increases in maintenance costs required on the existing roads in the area, as a
result of use by construction vehicles.

The developer shall be responsible for any restoration works due to damage directly

attributable to the development.

In the event that such restoration works are not

carried out to Council's satisfaction, Council may call upon the performance bond
to obtain adequate maintenance levels.

The developer shall construct a combined pedestrian/cycleway to connect the
development site with the existing facilities in Cooyar Street. The
pedestrian/cycleway is to be located within the road reserve for the proposed access
road to the development and shall be a minimum 2 metres wide. The
pedestrian/cycleway is to be constructed in conjunction with the first stage of the
development.

INTERNAL ROADWORKS AND CARPARKING

Bitumen AC internal roads with kerb and channel are to be provided at the
developer's expense throughout the site to service the whole of the development.
Detailed plans and specifications are to be submitted for approval by the Shire
Engineer. No construction shall take place until such approval is granted.

The Developer shall establish car parking areas in accordance with the.requirements -
of the Town Planning Scheme. Such areas and access thereto shall be paved or

sealed in accordance with the requirements of the Shire Engineer.

The Developer shall also identify an overflow car park area which need not be of a
sealed standard but which shall be of a sufficient size to accommodate visitors to the

resort.

The developer shall fulfil the requirements of the Department of Transport
(Passenger Transport Division) in respect of setdown and pickup bays for local bus
services as well as long distance coaches. The advices of this Department are to be

obtained prior to submission of the internal road designs to Council for approval.

The developer shall provide a combined pedestrian/cycleway~ within the
development site to connect to the external facility. The minimum standard’shall be

2.0 m. wide concrete construction.

“

Page 12

on,

10.0

10.1

10.2

10.3

10.4

10.5

10.6

10.7

The pedestrian/cycleway shall be generally located separate from the internal road
network and shall be established in conjunction with and having regard to proposed
open space areas within the site. The pedestrian/cycleway shall extend across the
proposed overbridge.

Prior to any works commencing on the pedestrian/cycleway system, conceptual
plans of the proposed pedestrian/cycleway network shall be submitted for the
approval of the Shire Engineer. All works shall be carried out to the standards and
satisfaction of the Shire Engineer. The submission shall also address the timing of °
construction of various stages of the system and such construction shall again take
place-in accordance with the approved submission.

FILLING AND EXCAVATION

All filling and/or excavation works shall be carried out strictly in accordance with
the approval of the Shire Engineer and the approved Master Drainage Plan as
required by Clause 4. In general major alteration.to the existing landscape will not
be allowed. . .

Earthworks associated with all roads shall be completed in accordance with the
approved Master Drainage Plan.

All proposed fill material shall be tested by an approved Geotechnical Engineer and
the results submitted for approval by Council. Following completion of filling,
compaction tests shall be submitted to the Building Surveyor. Building permits shall
not be issued for areas of filling unless the Building Surveyor is satisfied with the fill
compaction tests.

Filling that will result in the pondage of water on or off the site (other than the
proposed dam system and siltation ponds) shall be prohibited.

All disturbed areas are to be revegetated as soon as practicable following completion
of earthworks to reduce transport of sediments to Lake Weyba.

Prior to commencement of earthworks, the developer shall carry. out the
archaeological site works recommended by the consultant.

Prior to the commencement of earthworks, the developer shall submit to the Council
a survey prepared by a suitably qualified geotechnical engineer or other qualified
consultant to determine the presence of the precursor for acid sulphate formation.
Should the presence of this precursor be found, a management plan must also be
submitted for the approval of Council. The developer shall comply with the
requirements of such approved management plan in the conduct of the development
of the site. a

TOOT Fas

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o~

11.0

iL.1

11.2

11.3

11.4

es)

11.6

11.7

DRAINAGE

All drainage works as required by the approved Master Drainage Plan are to be
provided by the developer at his own cost. The maintenance of all drainage patlis
and dams shall remain with the development.

The drainage pipe system shall be designed for a Q10 storm frequency. Low flow
pipes catering for Q2 storm frequency may be permitted in areas of the development
provided adequate overland flow paths for the greater rainfall intensities are
provided. Existing drainage paths shall be maintained wherever possible.

Concentration of stormwater run-off shall be prohibited on adjoining lands save with’
the express written permission of the landholder. Details of any approvals given by
adjoining landholders shall be submitted to Council with the Engineering Plans.

The minimum fall for open grassed drains shall be 1%. Drains with slopes less than
1% will require a concrete invert. For open channel flows the minimum velocity of
0.5m/s for a Q5 storm and a maximum velocity of 1.2m/s for a Q1O storm are
required.

On lodgement of the first building application, the Developer shall provide a site
plan indicating the flood height for a Q100 flood.

Grease/oil arrestors are to be provided at all locations within the site where, in the
opinion of the Shire Engineer, stormwater runoff will contain significant proportions
of oil.

A single litter trap is to be provided at a suitable location. The developer shall
implement a system of regular maintenance and cleaning of the litter and oil traps to
the satisfaction of the Shire Engineer.

Special effort is to be made during construction to retain all stormwater on site and
only release water that meets a standard that satisfies the Department of
Environment and Heritage for release into Lake Weyba.

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12.0

12.1

12.2

12.3

13.0

13.1

DAM AND LAGOON CONSTRUCTION

Details of the proposed method of dam and lagoon construction are to be provided
prior to any excavation occurring. Provision for overflows, dam walls,.and stable
banks are to be addressed by a Registered Civil Engineer. Specific provision is to
be made to prevent any scouring due to excessive concentration of overflowing
water. Weir heights and lake levels are to conform with any requirements identified
in the master drainage plan. Provision is to be made for the maintenance of the
quality of the stored waters in the lagoons. Approval of any relevant Statutory
Authorities for the construction of the dams is to be obtained and submitted with the
application for excavation prior to any works commencing. Litter traps shall be
provided at the points of outlet and inlet for the lake or dam systems. The
Developer shall implement a system of maintenance and cleaning of the litter traps.
During construction provision is to be made to prevent silted water entering the
existing surface water systems, especially in respect to getting into Lake Weyba.

Prior to discharge of stormwater from the site into Lake Weyba, the developer is to
construct a wet basin system. This system may be incorporated into the weirs and
dams associated with the golf course. A minimum retention time of between 24 and
72 hours is to be provided for normal stormwater flows.

The Developer shall stock the dam systems with fish commonly found in the Noosa
area or shall otherwise adopt a vector control system approved by the Senior Health
Surveyor. Unless prior approval is given to Council and the Department of Primary
Industries, no foreign or exotic marine life shall be introduced” into the site's lake
systems.

AMENITY AND ENVIRONMENT

There shall be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.
Without limiting the foregoing -

@) Noise levels, when measured at a site boundary, shall not exceed SdbA
above the background noise, when adjusted for tonal, frequency or
intermittent signal and measured under the relevant Australia Code.

(ii) Notwithstanding compliance with the preceding condition, Council may,
where it considers it appropriate, require screens, vegetation and other
landscaping elements to be provided adjacent to any source of noise in
order to avoid any adverse effects of noise or nuisance on nearby
properties. -

(iit) The level of illumination, at a distance of 1.5 metres outside the boundary
of the property, resulting from direct, reflected or other incidental light
emanating from the property shall not exceed eight lux measured at any
level upwards from ground level. :

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14.0

14.1

15.0

15.1

15.2

15.3

15.4

15.5

15.6

(iv) Notwithstanding compliance with the preceding condition, Council may
where it considers it appropriate, require screens, vegetation and other
landscaping elements to be provided adjacent to any light source or specify
the height and type of lighting to be provided in order to avoid any adverse
effects of glare or direct light nuisance on nearby properties.

DEVELOPMENT WITHIN SEWERAGE TREATMENT BUFFER ZONE

Council requires a 600 metres Buffer Zone around the Sewage Treatment
Works. Only limited development of a non-residential nature as indicated on
the Plan of Development will be permitted in this Buffer Zone.

GOLE COURSE DESIGN

Before proceeding with detail design, an overall design layout of the ‘golf course
should be submitted to Council for approval.

In general the construction of all golf course facilities is to be such that the
disturbance of the ground surface is kept to a minimum. Where cut or fill is’
required, works shall be carried out in accordance with the requirements of the
Shire Engineer. Such slopes are to be revegetated as soon as is practicable following
the cut or fill operation.

_No development, including ground disturbance for fairway establishment, cutting or

filling is to occur on slopes with a grade exceeding. 15%, provided that works may
be carried out if the Shire Engineer and Council's Consultants are of the view that
such works will not have a detrimental effect.

The design of all fairways is to be such that golf balls will not be directed towards
proposed residential and tourist accommodation areas. In this regard the orientation
of fairways and the construction of appropriate fencing and landscaping’ is to- be
utilised to achieve compliance with this condition.

The design of dams and lagoons within the golf course is to be based on the
development master drainage plan.

For dam construction, top soil is to be stripped prior to dam formation and such top
soil is to be re-applied to the dam embankments and revegetated. Down slope
embankments of dams are to be stabilised with protective grass species to prevent
erosion of the embankment.

Page 16

15.7

15.8

15.9

 

The applicant is to undertake a water quality monitoring programme for the site.
Samples are to be taken from the two main discharge points into Lake Weyba, the
groundwater system of the sedgeland area in the-southern eastern corner of the site
and adjacent to the National Park boundary and analysed by an NATA registered
laboratory for:

“ge

* suspended solids ~ (acceptable level < 100 mg/l)
* organic nitrogen (acceptable level <0.8 mg/1)
* inorganic nitrogen (acceptable level <0.4 mg/1)
* total phosphorus (acceptable level <0.2 mg/1)
* faecal coliforms (acceptable level <400 organisms/100 ml)

Council may review the acceptable levels referred to above provided that it is
satisfied such variation still provides for a satisfactory quality of water discharge.

Single samples are to be taken prior to the commencement of construction works.
Further samples are to be taken at not greater than 3 monthly intervals both
throughout the construction period and thereafter during the operation of the
development unless Council approves of other arrangements. Results of the tests
are to be provided to the Noosa Council. Samples are not to be undertaken within
two days of significant rainfall events, during significant creek flows or when the
creek is not flowing. If levels considered to be unsatisfactory by Council are
indicated by such analyses, the applicant is to undertake remedial action as
determined by the Council and the Department of Environment and Heritage.

The applicant may transfer in a manner satisfactory to the Shire Planner, the
responsibility for compliance with this condition to a shared arrangement between
a body corporate having responsibility for overall maintenance of the drainage of
the site and the owner of the golf course

The proposed means of fertilising the golf course both in the initial- construction
stages and also for ongoing maintenance after establishment, shall be the subject of
a separate submission to Council. Council may approve of the proposed means of
fertilising the golf course, may require variations to such means and may refuse to
grant its approval. No fertilising of the golf course site shall be carried out except
in accordance with the necessary approval of Council and any conditions thereto.

The means of fertilising shall be designed so as to minimise the potential for any
increase in nutrient runoff to Lake Weyba or Weyba Creek. Council may also
approve of variations to the approved means of fertilising upon application by the
developer. The developer shall meet Council's ‘reasonable costs in assessing
proposals under this condition.

The golf course is required to be completed and operating to a minimum-standard
of a 9 hole course to the satisfaction of the Shire Planner, prior to Council sealing
plans for titling purposes, in excess of 180 dwelling units pursuant to this
approval. :

Page 17

16.0

16.1

17.0

17.1

18.0

18.1

18.2

18.3

18.4

The golf course is required to be completed and operating to a minimum standard
of an 18 hole course to the satisfaction of the Shire Planner, prior to Council
sealing plans for titling purposes, in excess of 360 dwelling units pursuant to this
approval.

“4s

CONSTRUCTION WORK

Construction work and other associated activities are permitted only during the
hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday and no work is permitted on
public holidays, except where extended hours are approved by the Building
Surveyor.

PROCESSING OF ENGINEERING REQUIREMENTS

The developer is to undertake to pay Council's reasonable costs associated with the
engagement of independent consultants to assess, review and check: all reports,
studies, submissions and designs that are presented to Council for approval as part
of this development.

BOND

_ Prior to the application being forwarded to the Minister for gazettal, the developer

shall submit a cash bond or trading bank guarantee to the sum of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) against performance of the
conditions of approval.

The cash bond or bank guarantee (hereinafter referred to as the security) shall be
increased to ONE MILLION DOLLARS ($1,000,000.00) prior to the issue of
approval for the commencement of earthworks or building works.

The security shall be held and retained by Council until Council is satisfied that the
Developer has completed its obligations under these conditions.

In any of the following circumstances namely:

(a) .if any moneys payable by the Developer to the Council hereunder on
demand shall not have been paid -within fourteen (14) days after the
making of written deniand hereof or if any other moneys payable by the
Developer to the Council shall not have been paid by the due date
therefor; or

(b) if after Council having first given reasonable written notice to the
Developer, the Developer shall not have effected to the satisfaction of the
Shire Engineer the repairs or works; or 7

Page 18

18.5

document?

(c) if the Developer’ shall fail to observe perform or fuifil any of the other
conditions and restrictions herein contained on the part of the Developer
(whether positive or negative) and such failure shall continue for a period
of ten (10) days after the Council shall have given to the Developer
notice in writing specifying such breach;

-g*

Council may at its election have recourse to the security or to the Developer or
partly to the security and partly to the Developer -

(d) to the extent of such amounts or moneys not paid by the Developer
and/or
(e) to the extent of such sum as the Shire Engineer certifies as representing

the fair estimated cost of completing such repairs, works or rectification
works which costs shall include the Council's charges for supervision,
administration, overheads and payments to staff and third parties.

Consideration shall be given to reduction of the bond required under Condition
18.2 above, following satisfactory completion by the applicant of various external
works required under this approval, provided however, that the value of the bond
to be retained by Council is to be sufficient to secure performance of the remaining
external works and conditions of approval.

Council may in its absolute discretion determine any sum or sums received by it
under 18.4 be applied towards indemnifying Council for all expenses incurred or
to be incurred under this agreement, and without limiting the foregoing all or any
of the following:- -

(a) reduction or discharge of the amounts of any contributions or any fees, or
other moneys payable by the Developer hereunder;

(b) carrying out work not executed or provided by the Developer under this
Deed, or carrying out work not executed or provided by the Developer
within the time stipulated herein or prescribed or any extension or
extensions thereof;

(c) altering or amending any improperly completed or partly completed work
executed or provided by the Developer under this Deed;

(d) carrying out such other work or development, including any addition or
extension to any work or development then executed or provided by the
Developer) whether within or outside or partly within and partly outside
the perimeter of the said land as the Council may consider necessary to
mitigate the effects of any uncompleted or improperly cémpleted or
partly completed work of the Developer or to make -any such
uncompleted or improperly completed or partly work in the opinion of
the Council more effective or useful;

Page 19

18.6

18.7

19.0

‘19.1

19.2

20.0

20.1

 

(e) reimbursing itself for any costs and outlays incurred by Council
(including Council's solicitor client costs) in the attempted enforcement
of the provisions of this approval;

69) reimbursing itself for any other moneys paid or expended by Council
including staff wages and administration costs incurred by Council in
carrying out any works, studies, monitoring programmes incurred by
Council as a result of the Developer failing to comply, fulfil or perform
any of the’conditions and restrictions contained in this approval.

If any dispute question or difference shall arise between the Developer and Council
as to the forfeiture of the security or any part thereof because of any engineering
defect, engineering default, engineering neglect or engineering omission such
dispute question or difference shall be referred to the arbitration of an independent
arbitrator to be appointed by the President or by the person for the time being
filling the office of President of the Institute of Engineers whose decision or award
shall be conclusive and binding on the parties and any such submission to
arbitration shall be deemed to be within the meaning of Arbitration Act of 1973
and subject to the provisions of that Act and award pursuant to a reference to
arbitration in accordance with the provisions hereof shall be a condition precedent
to any action or other legal proceedings between the parties relating to such dispute
question or difference, the Arbitrator shall have power to award costs and either
party may make such award a rule of Court.

, The Developer shall continue to carry out its obligations under this agreement

notwithstanding that a matter or matters have been referred to Arbitration.
CONSTRUCTION TRAFFIC

Except in accordance with an express permission of the Building. Surveyor no
construction trucks shall be permitted i in nearby streets between the hours of 6.00
p.m. to 7.00 a.m. .

As part of the Works Programme, the Developer shall submit to Council travel
routes other than routes utilising minor residential roads for example § Sunset Drive,
for the movement of construction vehicles.

HEALTH AND SAFETY

Annual licenses shall be obtained from Council's Health Department for the
storage of flammable or combustible liquids in excess of the minimum amounts
permitted under the Flammable and Combustible Liquids Regulations.
Application for each license shall be made at the time of submission of an
application for building approval. -s

Page 20

—

20.2

20.3

20.4

20.5

20.6

20.7

20.8

20.9

21.0

21.1

21.2

The Developer shall submit two sets of professionally drawn scale plans in
compliance with Council's Code controlling food establishments for approval by
Council's Health Surveyor for all food premises proposed to be included in the
development. Approval for a food establishment shall be obtained prior to fitting
out the building that contains the food establishment. =

Annual licenses under the Food Hygiene Regulations of 1976 shall be obtained
from Council's Health Department.

The Developer shall comply with Council's policy of 16th October, 1985 for the
provision of separate toilet facilities for patrons in addition to staff toilet facilities.

All swimming pools shall be licensed annually with the Council's’ Health
Department in accordance with the provisions of Chapter 42 of Council's By-laws.
The olympic sized pool shall be operated by a person licensed as a swimming pool .
plant operator and shall be permanently supervised by a person-holding the
appropriate lifesaving certificate. ,

Council will service the development by way of bulk bins at the individual
development sites. The relevant fees as set by Council are to apply and will be
charged to the individual developments.

The Developer shall provide approved refuse containers in accordance with the
requirements of the Refuse Management Regulations of 1983 for the storage and
collection of refuse to the satisfaction of Council's Health Surveyor.

The Developer shall provide imperviously paved, drained and enclosed areas to
accommodate all refuse containers to the reasonable satisfaction of Council's
Health Surveyor. These areas shall be aesthetically screened from any-road or
adjoining property boundary and shall be set back a distance of two (2) metres
from any road frontage. A suitable hosecock and hoses are to be located in the
Vicinity of each refuse container area. . :

Public toilet facilities are to be provided within the proposed town area for day
visitors to the development.

GENERAL

The Developer shall provide Electricity and Telecom services to the whole site.
Underground power will be provided for, on the development site. All Electricity
and Telecom services are to be contained within the existing road reserve, external

to the site. Street lighting shall be provided on-site.

Fire breaks by way of selectively cleared areas, with access points~ are to be

’ provided around the proposed development.

Fire hydrants in suitable locations where practical around such fire breaks shall be
provided.

Page 21

21.3

21.4 ~

21.5
21.6
21.7

21.8

21.9

21.10

On site signs and advertising shall be prohibited unless:

i) the on site signs and advertising comply with the Noosa Design Manual,
and

ii) the on site signs and advertising have been approved by Council. ~

All signage and on site advertising will be integrated with the site architecture.

On site accommodation may be provided to cater for workforce personnel not able
to be accommodated in the Noosa area in which case services are to be provided to
the on-site camp, to the Shire Engineer's requirements.

The Developer shall obtain all statutory approvals and, unless otherwise specified
herein, shall submit to Council proof of such approvals with the engineering or
building plans prior to any relevant works being carried out on site:

An identification survey of the subject site shall be carried out by a Licensed
Surveyor and shall be submitted to Council at or prior to the time of inspection of
building foundations by Council's Building Surveyor. Such survey shall set out
the boundaries of the site and plot the position of the buildings on the site.

The Developer shall comply with all requirements of the Liquor Licensing
Commission.

The Developer shall pay such fees as may be determined by Council in the
investigation, consideration and determination of any report, survey, plans or
drawings or any other matter submitted to Council for its consideration or approval
under these conditions. The developer shall further. pay all Council's inspection
and monitoring fees. Unless otherwise specified herein, all fees shall be paid prior
to the release of the Engineering Plans or Building Permit (as appropriate).

The Developer shall be obliged to pay the fees notwithstanding that Council may
continue to hold security by way of a bond or bonds under section 14 hereof.

No variations or amendments will be permitted to the approved Architectural

_ Design Report, the approved Landscape Design Report, the approved Landscaping

Plans and the Works Programme, unless in the opinion of Council such a variation
or amendment does not conflict with the intent of these Conditions of Approval.

Page 22

‘

21.11

21.12

21.13

document?

(i)

(ii)

All surveys, studies, designs, monitoring programmes, results of

monitoring, plans, reports, models and data which the Developer is

obliged to carry out and provide to Council under these conditions shall

be: aN

- prepared by the Developer at its own expense by suitably qualified
personnel, .

- prepared to the requirements and satisfaction of Council,

- submitted to Council for its approval and where. necessary the
approval of any other government authority, instrumentality or body.

No works shall be commenced by the Developer until the Developer has
obtained such approval or approvals in each and every case. .

In determining any matter requiring. Council's approval under these conditions,
Council may approve the matter, with or without conditions, may defer
consideration of the proposal for a reasonable period of time to allow further
information to be obtained, or it may decide not to approve. If Council shall not
grant its approval to any matter requiring its approval under these conditions,
Council shall advise the Developer of its reasons for not granting its approval.

The Developer shall permit the Council, its members, officers, agents, servants,
authorised contractors, and authorised subcontractors and agents and servants of its
authorised contractors and authorised subcontractors full and free right to enter
upon the lands with all necessary vehicles, plant and equipment -

to inspect and examine the state and condition of the lands, any works or
preparation therefor and/or

to carry out the supervision of any works requiring supervision under
these conditions and/or

to ascertain whether the Developer has completed its obligations under
these conditions and/or

to carry out any works following default by the Developer of its
obligations under these conditions and/or

to carry out any emergency works that Council deems necessary to
ensure the protection of the environment and/or the high level of water
quality contained within the dam system. -=

Page 23

21.14

21.15

21.16

If the Developer shall fail to pay to the Council any fees or other moneys which
are payable by the Developer to the Council in terms of this approval on or before
the due daté for the payment thereof the Developer shall pay to the Council
interest thereon on so much thereof as shall remain unpaid at the rate of 1.5 per
centum thereof for each month or part of a month during which any such, payment .
shall be overdue.

The Developer shall pay to Council interest at the rate of 1.5 per centum per
month upon any Judgment which the Council may obtain against the Developer
from the date of any such Judgment until the same shall be satisfied.

The waiver by the Council of any default of the Developer or any breach by the
Developer of any of the conditions shall not in any circumstances be construed or
operate as a licence to the Developer to repeat or continue any such fault or breach
nor shall any waiver be construed or operate as a waiver of any subsequent default
or breach whether of the like nature or not. .