2405-40643 SRA - Response with conditions · MCU24/0069

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SARA trigger:                          Schedule 10, Part 17, Division 3, Table 1, Item 1
(Planning Regulation 2017)             Operational work that is tidal works or work in a coastal management
                                       district

                                       Schedule 10, Part 17, Division 3, Table 2, Item 1
                                       Operational work that is tidal works or work in a coastal management
                                       district in tidal waters (maritime safety)
SARA reference:                        2405-40643 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        22 Noosa Parade, Noosa Heads QLD 4567
Real property description:             Lot 10 on N21841
Applicant name:                        LVS Capital Pty Ltd A.C.N 653 078 570
Applicant contact details:              C/- The Jetty Specialist
                                        18 Ron Parkinson Crecent
                                        Corbould Park QLD 4551
                                        [email protected]
Human Rights Act 2019                  Consideration of the Human Rights Act 2019 sections 15 to 37 has
considerations:                        been undertaken as part of this decision. It has been concluded that
                                       this decision does not limit human rights.


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

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

For further information please contact David Collins, Senior Planner, on 3452 7677 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Rebecca Carpenter
Principal Planner

cc       LVS Capital Pty Ltd A.C.N 653 078 570 C/- The Jetty Specialist, [email protected]

enc      Attachment 1 - Referral agency conditions
         Attachment 2 - Advice to the applicant
         Attachment 3 - Reasons for referral agency response
         Attachment 4 - Representations about a referral agency response provisions
         Attachment 5 - Documents referenced in conditions




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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


No.     Conditions                                                                       Condition timing
Operational Works – Prescribed Tidal Works (pontoon and gangway)
10.17.3.1.1 – Operational work that is tidal works or work in a coastal management district— The chief
executive administering the Planning Act 2016 nominates the Director-General of the Department of
Environment, Science and Innovation to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following conditions:
1.      The pontoon must be carried out generally in accordance with the                 For the duration of
        following plans:                                                                 works and to be
        (a) Layout Plan, date 28/06/2023, Drawing number TJS-04808-02,                   maintained
            Revision A
        (b) Elevation, date 28/06/2023, Drawing number TJS-04808-03,
            Revision A

2.      The works to which this approval relates are to be for a private purpose         At all times
        only.
3.      Any operator and contractor involved in the works to which this                  During construction
        approval relates must:
        (a) be provided a copy of these referral agency conditions
        (b) install all measures, plant and equipment necessary to ensure
            compliance with the conditions of this approval
        (c) maintain such measures, plant and equipment in a proper and
            efficient condition
        (d) operate such measures, plant and equipment in a proper and
            efficient manner.
4.      For the pontoon works only use materials which are free from                     During construction
        contaminants as defined under section 11 of the Environmental
        Protection Act 1994.
5.      Should the works become damaged as a result of erosion, flooding or              At all times
        storm tide inundation, the registered landowner(s) of the subject land
        shall be responsible for the removal of all debris at their own expense.
Operational Works – Prescribed Tidal Works (pontoon and gangway)
10.17.3.2.1 – Operational work that is tidal works or work in a coastal management district in tidal waters
(maritime safety) — The chief executive administering the Planning Act 2016 nominates the Director-
General of the Department of Transport and Main Roads to be the enforcement authority for the
development to which this development approval relates for the administration and enforcement of any
matter relating to the following conditions:
6.      The development must be carried out generally in accordance with the             At all times
        following plans:
        (a) Layout Plan, date 28/06/2023, Drawing number TJS-04808-02,
            Revision A
        (b) Elevation, date 28/06/2023, Drawing number TJS-04808-03,
            Revision A



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7.      (a) Light/mark all vessels, structures, plant and equipment               For the duration of
            associated with:                                                      works and for operation
            i. the works, in accordance with the following specifications:        to be maintained at all
                      A. any anchors deployed must be marked with                 times
                         yellow buoys and fitted with FL yellow lights
             ii. operations, in accordance with the following specifications:
                      A. any anchors deployed must be marked with
                         yellow buoys and fitted with FL yellow lights.

        (b) Lighting provided must not obscure, disguise or otherwise interfere
            with the safe navigation of other vessels, including the
            effectiveness of navigational lighting.
8.      The construction, operation and maintenance of pontoon and any            For the duration of
        ship berthed, moored or attached to the structure, must not:              works, and at all times
        (a) encroach into, pass over or under a navigation corridor or
        (b) be located in a high risk maritime zone or
        (c) impede the safe navigation of other ships or boats or
        (d) restrict safe access to or from neighbouring structures.

9.      Remove and dispose of any debris or similar obstruction encountered       For the duration of
        whilst undertaking the work at an appropriately licensed facility.        works
10.     All piles and/or structures to be demolished, both above and below the    Prior to the completion
        waterline must be completely extracted/removed.                           of the works




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
        undefined it has its ordinary meaning.




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

The reasons for the SARA’s decision are:
The development can comply with State code 7: Maritime safety if carried out in accordance with the
attached conditions. Specifically, the development:
 will not compromise the viable operation of aids to navigation or the safe operation of vessels in
    navigable waterways.

The development can comply with State code 8: Coastal development and tidal works, if carried out in
accordance with the attached conditions. Specifically, the development:
 protects life, buildings and infrastructure from the impacts of coastal erosion
 protects and maintains coastal processes, resources, and public access to and along state coastal
   land
 accounts for the projected impacts of climate change
 avoids impacts to matters of state environmental significance
 does not result in a significant residual impact on a matter of state environmental significance

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.0), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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