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Concurrence Agency Response 222 Gympie Terrace Noosaville · OPW11/0301

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                                                                          SCRC CORRESPONDENCE



                                                     rJ                             i
                                                                               60446807


Department of Environment                     - At -14y
ana resource management                  ;"a ^^ ^•                                                 Notice
                                           Ne'


                                                  '-^?    .yam
                                                                       Concurrence Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to section 287
(concurrence agency response) of the Sustainable Planning Act 2009 (`the Act').




Sunshine Coast Regional Council                                  cc.     Noosa River Enterprises Pty Ltd
Locked Bag 72                                                            222 Gympie Terrace
Sunshine Coast Mail Centre QLD 4560                                      Noosaville QLD 4566

                                                                         Attention: Rod Baker



                                                                         Our reference:   341448

Re:      Concurrence Agency Response


1.       Application Details

         Assessment Manager ref.:            OPW 11 /0301
                                                                                                           V'lc
         Date application referred to DERM:                                        2ia-7        /0
                                                 13 December 2011
         Development approval applied for:

                                             Development Permit
         Aspect of development:
                                             Operational work - Tidal works, or development in a coastal
                                             management district
                                             Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
                                             13
                                             DERM ref. no. - 341448 DERM Permit No. SPCC03617211

         Development description:

                                             Operational work - Tidal works, or development in a coastal
                                             management district - extension to existing pontoon for mooring
                                             purposes.

         Property/Location description:

                                             222 Gympie Terrace, Noosaville QLD 4566
                                             Lot 160 on CP908649




Page 1 of 2 •091217
Department of Environment and Resource Management                            10 Queensland Government
www.derm.qld.gov.au ABN 46 640 294 485
Full text of the other 10 pages

Page 2

                                                                                                          Notice
                                                                 Concurrence Agency Response

2.       The Chief Executive, Department of Environment and Resource Management (DERM) concurrence
         agency response for the aspect of development involved with the application the subject of this
         Notice is to tell the assessment manager as follows.

(a)      Conditions must attach to any development approval, and those conditions are attached to this
         Notice.


         Approved plans / specifications


       Document No.                                Document Name                                   Date
 02.00709.1.1A                 Site Plan                                                    July '09

 09/161-1                     Working Drg                                                   October 2009


4.       General advice to assessment manager
Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice issued
by the assessment manager must be forwarded to DERM as a referral agency for the relevant application at
PO Box 168, Cotton Tree QLD 4558 and an electronic copy to palm _ derm.gld.gov.au.


The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the
relevant application has not provided notification to native title parties.



5.      Additional comments or advice about the application
        Nil




Delegate                                                        Enquiries:
Ben Sale                                                        Brodie Lucht
Delegate, Chief Executive administering the Coastal             Department of Environment and Resource
Protection and Management Act 1995                              Management
Department of Environment and Resource Management               12 First Avenue, Maroochydore QLD 4558
23 January 2012                                                 PO Box 168, Cotton Tree QLD 4558
                                                                Phone: (07) 5459 6154
                                                                Fax:     (07) 5459 6190
                                                                Email. [email protected]

Attachment(s)
DERM Permit Number SPOO03617211
Approved Plans




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

Page 3

Department of Environment
and Resource Management

                                                                                               Sustainable Planning Act 2009


                                                               DERM Permit' number:                                 SP0003617211

    Assessment manager reference (if                    OPW1 1/0301
    any):


    Date application received:                          13 December 2011
    Permit type:                                        Concurrence Agency Response

    Date of decision:                                   23 January 2012


    Decision:                                            For a concurrence agency response

                                                        conditions that must attach to any development approval


    Relevant laws and policies:                          Coastal Protection and Management Act 1995 and any related
                                                         statutory instruments and subordinate legislation

    Jurisdiction(s):                                     Operational work - Tidal works, or development in a coastal
                                                         management district
                                                         Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
                                                         13
                                                         DERM ref. no. - 341448 DERM Permit No. SP0003617211


Development Description(s)


                     Property/Location                             I                             Development

    222 Gympie Terrace,                  Lot 160 on                    Operational work - Tidal works, or development in a
    Noosaville                           CP908649                      coastal management district - extension to existing
                                                                       pontoon for mooring purposes.

Reason(s) for inclusion of conditions

In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
stated in this permit required by the concurrence agency response for the application are as follows.

DERM is a concurrence agency under the Sustainable Planning Regulation 2009 for coastal management
under the Coastal Protection and Management Act 1995, excluding amenity or aesthetic significance or value.
Development conditions placed upon this development approval are in accordance with sections 104 and 106 of

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



Page 1 of 7 •091217
Department of Environment and Resource Management
                                                                                                IV
                                                                                                       Queensland Government
www.derm.gld.gov.au ABN 46 640 294 485

Page 4

                                                        DERM Permit number: SPCC03617211

the Coastal Protection and Management Act 1995.




Delegate
Ben Sale
Delegate, Chief Executive administering the Coastal Protection
and Management Act 1995
Department of Environment and Resource Management
23 January 2012




Page 2 of 7 • 091217                                             Department of Environment and Resource Management

Page 5

                                                            DERM Permit number: SPCC03617211


CONDITIONS
General
1.   All works are to be constructed in accordance with the approved drawings and the specifications as detailed
     on these drawings.
2.   If acid sulphate soils are found to be present through testing of areas subject to excavation in accordance
     with the requirements of State Planning Policy 2/02, then the works must be managed to prevent acid
     sulphate soil development as outlined in the current version of the Queensland Acid Sulphate Soils
     Technical Manual Soil Management Guidelines.
3.   The disturbance to the bed and banks of the waterway is to be kept to a minimum.
4.   If as a result of any works, any bank is displaced the permit holder shall restore the bank to its original
     condition and take such other action as is necessary to ensure the stability of the bank to the satisfaction of
     the chief executive.


Construction
5.   All construction works on the jetty are to occur during times which would minimise sediment and
     contaminant dispersal.
6.   All excavated material shall be transported to an appropriate location outside of the Coastal Management
     District.
7.   Any material or any debris that falls or is deposited outside of the alignment of the works shown on the
     approved plans must be removed within 48 hours following placement of the material.
8.   All temporary works associated with the construction of the works are to be removed from the site at the
     completion of the works.
9.   All wastes shall be collected and disposed of at an appropriate lawful facility.


Water Quality
10. Construction of the works are to be carried out only by means of suitable plant and equipment and
    measures are to be taken to limit turbidity in tidal waters as a result of the construction.
11. All reasonable and practicable measures must be taken to prevent pollution of the waterway as a result of
    silt run-off, oil and grease spills from machinery, concrete truck washout and alike. Wastewater from
    cleaning equipment must not be discharged directly or in-directly to any watercourses.
12. If there are any signs of sediment loss, a filter fence or other erosion device to contain sediment
    contaminated water and prevent contamination of tidal waters, is to be installed and maintained until
    completion of the works.


Stormwater
13. Stormwater drainage systems are to be constructed to include quality improvement devices (sediment
    removal, gross pollutant traps) to ensure that stormwater can be effectively managed and discharged
    without causing adverse impact on the wetlands adjoining the subject land.


Demolition
14. All demolition materials that are to be removed shall be transported to an appropriate location outside of the
    Coastal Management District or other approved location.



Page 3 of 7 ' 091217                                                Department of Environment and Resource Management

Page 6

                                                                          DERM Permit number: SPCC03617211


Definitions
Words and phrases used throu?hout this permit' are defined below. Where a definition for a term used in this permit' is sought and the term
is not defined within this permit the definitions provided in the relevant legislation shall be used.

"administering authority" means the DERM or its successor.
"approval" means 'notice of development application decision' or'notice of concurrence agency response' under the Integrated Planning
Act 1997.
"approved plans" means the plans and documents listed in the approved plans section in the notice attached to this concurrence
response.
"artificial waterway" means an artificial channel, lake or other body of water. Artificial waterway includes -
      •     an artificial channel that is formed because the land has been reclaimed from tidal water and is intended to allow boating access
            to allotments on subdivided land;
      •     other artificial channels subject to the ebb and flow of the tide; and
      •     any additions or alterations to an artificial waterway.
"canal" means an artificial waterway surrendered to the State. A canal is an artificial waterway connected, or intended to be connected, to
tidal water; and from which boating access to the tidal water is not hindered by a lock, weir or similar structure.
"coastal dune" means a ridge or hillock of sand or other material on the coast and built up by the wind.
"commercial place" means a place used as an office or for business or commercial purposes.
"dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other equipment designed for use in
extraction of earthen material.
"dwelling" means any of the following structures or vehicles that is principally used as a residence -
    •    a house, unit, motel, nursing home or other building or part of a building;
    n    a caravan, mobile home or other vehicle or structure on land;
    •    a water craft in a marina.
"Department of Environment and Resource Management (DERM)" means the department or agency (whatever called) administering
the Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994.
"erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal Protection and Management
Act 1995.
"high water mark" means the ordinary high water mark at spring tides.
"land" in the "land schedule" of this document means land excluding waters and the atmosphere.
"permit" includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the DERM and the Queensland Parks and Wildlife.
"ponded pasture" means a permanent or periodic pondage of water in which the dominant plant species are pasture species used for
grazing or harvesting.
"protected area" means -
     •    a protected area under the Nature Conservation Act 1992; or
     •    a marine park under the Marine Parks Act 1992; or
     •    a World Heritage Area.
"quarry material" means material on State coastal land, other than a mineral within the meaning of any Act relating to mining. Material
includes for example stone, gravel, sand, rock, clay, mud, silt and soil, unless it is removed from a culvert, stormwater drain or other
drainage infrastructure as waste material.
"site" means land or tidal waters on or in which it is proposed to carry out the development approved under this development approval.
"tidal water" means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the tide at spring tides.
"watercourse" means a river, creek or stream in which water flows permanently or intermittently-
         in a natural channel, whether artificially improved or not; or
     n   in an artificial channel that has changed the course of the watercourse.
"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial
watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain,
roadside gutter, stormwater run-off, and groundwater and any part-thereof.
"waterway" includes a river, creek, stream, watercourse or inlet of the sea
"works" or "operation" means the development approved under this development approval.
"you" means the holder of this development approval or owner / occupier of the land which is the subject of this development approval.



Page 4 of 7 ' 091217                                                                Department of Environment and Resource Management

Page 7

                               DERM Permit number: SPCC03617211



                       END OF CONDITIONS




Page 5 of 7 ' 091217               Department of Environment and Resource Management

Page 8

                                                                   DERM Permit number: SPCC03617211

Approved Plan(s)
Site Plan




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Page 6 of 7 ' 091217                                                     Department of Environment and Resource Management

Page 9

                                          DERM Permit number: SPCC03617211

Working Drawing




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Page 7 of 7 ' 091217                          Department of Environment and Resource Management

Page 10

                               Department of Environment
                               and Resource Management
                                 PO Box 168, Cotton Tree
                                Queensland 4558 Australia




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Page 11

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