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Council Report - 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE - EXPANSION OF SPECIAL PURPOSE (WASTE DISPOSAL AND RECYCLING FACILITY) & ONGOING CLEARING PURPOSES AT 561 EUMUNDI NOOSA ROAD, DOONAN - Finale
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GENERAL COMMITTEE MEETING 12 FEBRUARY 2024
6.1 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE – EXPANSION OF SPECIAL PURPOSE (WASTE DISPOSAL AND
RECYCLING FACILITY) & ONGOING CLEARING PURPOSES AT 561 EUMUNDI
NOOSA ROAD, DOONAN
Author , External Consultant
Index Applications /132005.638.03
Attachments 1. ATTACHMENT 1 - 132005.638.03 - PROPOSED ADDITIONAL
CONDITIONS
2. ATTACHMENT 2 - 132005.638.03 - EXTERNAL CONSULTANTS
REPORT
3. ATTACHMENT 3 - 132005.638.03 - PROPOSAL PLANS
4. Attachment 3 to the GC Minutes Dated 12 February 2024 -
132005.638.03 - Copy of full Conditions
APPLICATION DETAILS
Applicant Noosa Shire Council C/- Adamson Town Planning Pty Ltd
Proposal Other change application to an existing approval for Material
Change of Use – Waste Disposal & Recycling Facility and
Ongoing Clearing Purposes
Properly Made Date 6 November 2023
Information Request Date 23 November 2023
Information Response Date 14 December 2023
Decision Due Date 29 January 2024
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address Eumundi Land Fill - 561 Eumundi Noosa Rd Doonan Qld
4562
RP Description Lot 77 SP 298776
Land Area 322.155ha
Existing Use of Land Utility Installation (Waste Disposal and Recycling Facility)
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GENERAL COMMITTEE MEETING 12 FEBRUARY 2024
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Community Facility Zone (1. Utility Installation)
Environmental Management and Conservation Zone
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Acid Sulfate Soils –
▪ Area 2 - Above 5m AHD to 20m AHD
Biodiversity, waterways and wetlands –
▪ Area subject to biodiversity overlay
▪ Area subject to riparian buffer overlay
Bushfire Hazard Area –
▪ High potential bushfire intensity,
▪ Medium potential bushfire intensity and
▪ Potential impact buffer
Flood Hazard Overlay
▪ Waterways (1)
▪ Flooding and inundation extent
Landslide hazard overlay
▪ Moderate hazard area
Assessment Type Other Change to Approval – Code assessment
EXECUTIVE SUMMARY
The development application is for an ‘other change’ to an existing development approval (Council
ref: 2005/638) to expand an existing waste disposal and recycling facility at 561 Eumundi Noosa Rd
Doonan (Noosa Landfill).
The application proposes to expand the landfill’s resource recovery area which is used to drop off
and recover steel, concrete, and green waste among other materials. The area also includes an
(High Efficiency Sediment) HES basin and comprises a small pocket of remnant vegetation being
approximately 1ha area.
The proposed expansion seeks approval to remove remnant vegetation to facilitate the repositioning
and expansion of the existing HES basin into the northwestern corner of the site, to assist in the
creation of a new resource recovery area and earth mound pad. The new resource recovery area is
aimed at providing additional space which enables a safer and a more functional operational area
for both Council and the public who are permitted access to this area.
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GENERAL COMMITTEE MEETING 12 FEBRUARY 2024 The application is code assessable and required to be assessed against the relevant assessment benchmarks of the planning scheme and any matters prescribed under the Planning Regulation 2017. The application is also required to be referred to SARA for Vegetation Clearing and State Controlled Road Matters. The key assessment issues primarily focus on the requirements to clear the subject vegetation. The applicant acknowledges the significance of the vegetation but also identifies the impact and degradation of the vegetation because of edge effects from being bounded by the existing landfill operation on three sides. Consequently, the applicant proposes to provide a 1.8ha environmental offset at the south eastern corner of the landfill use area providing ‘like for like’ species in accordance with the State Government Supported Infrastructure Koala Policy 2017 and Environmental Offsets Act. The proposal has been assessed against the relevant assessment benchmarks of the planning scheme and relevant regulatory legislation and has suitably demonstrated compliance with the relevant assessment benchmarks. Where any instances of non-compliance have been identified, reasonable and relevant conditions have been applied to ensure compliance with the planning scheme. SARA have also provided conditions of approval which are required to be attached to any development approval. RECOMMENDATION That Council note the report prepared by external consultant (JFP Urban Consultants) to the General Committee Meeting dated 12 February 2024 regarding Application No. 132005.638.03 for an Other change application to an existing approval for Material Change of Use – Waste Disposal & Recycling Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561 Eumundi Noosa Rd Doonan Qld 4562 and: A. Approve the application in accordance with the proposed conditions outlined in Attachment 1.
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ATTACHMENT 1 – (132005.638.03) – PROPOSED ADDITIONAL CONDITIONS
Additional conditions - 15 February 2024
PLANNING
When Conditions must be Complied With
14. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
15. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the commencement of any works commencing on the site.
Plan No. Rev. Plan/Document Name Date
501042 CO2 A Proposed site layout plan prepared by 7/12/2023
Noosa Council
501042 COS A Proposed offset planting plan prepared by 7/12/2023
Noosa Council
JOO352R1V2 - Noosa Landfill RRA flood Assessment 6/04/2022
prepared by Hydrology and Water
Management Consulting
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
<R2015 B Noosa Landfill – Stormwater Management 7/12/2023
Plan prepared by Topo
Amendments
▪ Update the report to reflect the current masterplan for the
site and the specific changes for the site encompassed by
the application
▪ Specify the final HES basin detail from the range of
options presented in the report, including consideration of
whether a Type-B HES basin may present a lower-risk
option compared to the flap-gated arrangement proposed
to prevent back-flows into the Type-A arrangement as
currently proposed
▪ Include all details for the sizing and proposed levels of the
HES basin within the body of the report, based on recent
detailed survey at the point of discharge and downstream;
and
▪ Include construction-phase erosion and sediment control
plans which document how the transition from the current
HES basin location to the ultimate location (including filling
for the RRA pad) will be achieved
*(Refer to Advisory Note)
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Nature and Extent of Approved Use
16. This development permit authorises a Utility Installation (Waste disposal and recycling
facility) to be established on the site. The subject use is limited to waste management
and ancillary activities associated with the primary use occurring on the site.
17. The landfill waste management activities must not extend outside the designated use
areas as shown on the approved plans. Signage is to be placed along the northern,
eastern, and southern boundaries of the approved use areas to assist in delineating the
edge of the approved use areas and surrounding bushland.
18. This approval does not approve any new building or structures within the resource
recovery area except for any fencing or signage permitted as part of this approval.
Public safety
19. Public signage must be erected along all internal roads to assist the public navigate
through the site, in particular the resource recovery area.
ECOLOGY AND ENVIRONMENT
20. A detailed Offset Delivery Plan (ODP) must be developed in accordance with the
Environmental Offsets Act 2014. The development must offset a minimum 500 non
juvenile koala habitat trees (the impact) at the ratio of 6:1 to satisfy the State Government
Supported Infrastructure Koala Policy 2017.The ODP shall include details such as
species composition, planting density, planting methodology, annual reporting and
include a minimum 5-year maintenance for the proposed 1.8ha Offset area.
21. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Offset
Delivery Plan prior to the commencement of the use of the additional area.
*(Refer to Advisory Note)
22. Construct a minimum 1.8m temporary fence around the operational areas of the landfill
to prevent rubbish from leaving the landfill area and depositing in the adjoining bushland.
23. A Weed Management Plan must be prepared which addresses weed management
along the interface of the proposed earthworks footprint with bushland areas, including
but not limited to a minimum 5m grassed buffer area between the proposed resource
recovery and the adjoining vegetation to the north. Control of all weed species listed in
the following standards and legislation must be undertaken:
a. Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
Regulation 2016)
b. Council’s Biosecurity Plan 2020 pest plants listed in schedule 1 part 3, schedule 2,
and nonscheduled invasive species.
24. The requirements and recommendations of the approved weed management plan must
be implemented. Certification must be submitted to Council from a qualified person*
which certifies that the subject works have been undertaken in accordance with the
approved Weed Management Plan.
*(Refer to Advisory Note)
25. A Sediment and Erosion Control Plan must be prepared by a suitably qualified person*.
26. The sites supervising engineer must ensure that the sediment and erosion control
measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with
"best practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in
the projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
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d. Achieve the desired environmental outcomes.
27. The erosion and sediment control measures must be designed, installed, and
maintained in accordance with the current best practice standards.
28. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the Sediment and Erosion
Control Plan.
*(Refer to Advisory Note)
29. A Vegetation Removal & Fauna Management Plan must be prepared by a suitably
qualified person to mitigate the risk of clearing impacts to all native fauna and adjoining
vegetation. The sequential clearing requirements specified under the Nature
Conservation (Koala) Conservation Plan 2017 are to be adopted in the Plan.
30. A suitably qualified person must be engaged to manage flora and fauna prior and during
clearing to ensure works are carried out in accordance with the Vegetation Removal and
Fauna Management Plan (required as part of this approval) and the Nature
Conservation Act 1992.
31. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Vegetation
Removal & Fauna Management Plan.
*(Refer to Advisory Note)
32. An Arborist Assessment must be completed by a suitably qualified and experienced
Level 5 consulting arborist of the trees likely to be impacted along the edge of the
earthworks footprint and any recommendations made are adopted. Disturbance to
retained remnant vegetation and tree root protection zones of large, retained habitat
trees (trees with dbh >300mm) that occur next to the clearing area is to be avoided as
far as practicable.
33. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Arborist
assessment.
*(Refer to Advisory Note)
Bushfire management
34. A bushfire hazard assessment must be prepared in accordance with the SPP 2019
Guidelines: Natural hazards Risk and Resilience Bushfire 2019 and the QFES Bushfire
Resilience Community 2019 for the development.
35. The development must be carried out in accordance with the requirements and
recommendations of the Bushfire Management Plan. Certification must be submitted to
Council from a qualified person* which certifies that the subject works have been
undertaken in accordance with the approved Bushfire Management Plan.
*(Refer to Advisory Note)
36. A copy of the Bushfire Management Plan must be provided to the nearest fire authority
and always maintained at the waste management facility site office.
37. Certification must be submitted to Council from a qualified person* which certifies that
the development has been undertaken and constructed in accordance with the bushfire
management conditions of this Decision Notice.
*(Refer to Advisory Note)
38. A review and certification of the Bushfire Management Plan is required every 5 years to
ensure its currency and must be submitted to Council from a qualified person*.
*(Refer to Advisory Note)
Environmental covenant
Page 7
39. A vegetation protection covenant must be registered against the title/s of the property
over the area identified as the 1.8ha Proposed Offset Planting Area as shown on the
Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee reference Queensland Land Title Registry
Standard Terms Document No. 715597513.
40. The vegetation protection covenant document must be registered with the titles office
before clearing commences.
ENGINEERING
Earthworks and Retaining Walls
41. All fill and associated batters must be contained entirely within the approved use area
and must be designed and certified by a suitably qualified person.
Acid Sulfate Soils
42. An Acid Sulfate Soils Investigation Report must be prepared to mitigate the risk of acid
sulfate soils on the adjacent bushland /wetland areas.
All requirements and recommendations of the Acid Sulfate Soils Investigation Report
must be certified by a suitably qualified person*.
*(Refer to Advisory Note)
STORMWATER
43. Prior to commencement of works associated with the relocation of the HES basin,
provide an updated SWMP, which is based generally on the Noosa Landfill – Stormwater
Management Plan (Topo, 7/2/2022) and which addresses the following:
a. Update the report to reflect the approved masterplan for the site and the specific
changes for the site encompassed by the application;
b. Specify the final HES basin detail from the range of options presented in the report,
including consideration of whether a Type-B HES basin may present a lower-risk
option compared to the flap-gated arrangement proposed to prevent back-flows
into the Type-A arrangement as currently proposed;
c. Include all details for the sizing and proposed levels of the HES basin within the
body of the report, based on recent detailed survey at the point of discharge and
downstream; and
d. Include construction-phase erosion and sediment control plans which document
how the transition from the current HES basin location to the ultimate location
(including filling for the RRA pad) will be achieved.
44. All future building floor levels and waste management areas are to be provided with
surface levels which are a minimum of 300mm above the 1%AEP local flood level,
including allowance for climate change by year 2100.
45. Works are to be undertaken generally in accordance with the Noosa Landfill RRA Flood
Assessment (J00352R1V2) by Hydrology and Water Management Consulting, dated
6/4/2022. In conjunction with detailed design for the project, the design of the fill pad
and the Flood Assessment are to be updated to incorporate a system for flow
conveyance and distribution along the northern boundary of the fill pad which achieves
greater replication of existing flow patterns to the retained vegetation north of the works.
This is required in order to mitigate potential changes in wetness resulting from frequent
discharges or the risk of erosion during less frequent events.
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ATTACHMENT 2 – (132005.638.03) – EXTERNAL CONSULTANT REPORT
PREPARED BY JFP URBAN CONSULTANTS
REPORT
1. PROPOSAL
The proposal involves a change (other) to an existing development approval to facilitate the
expansion of the resource recovery area of the existing landfill operations located at 561 Eumundi
Noosa Rd Doonan and described as Lot 77 on SP298776.
The purpose of the expansion is to increase the resource recovery area to improve on site safety
and operational efficiency of the use area. The proposed expansion will also involve relocating the
existing HES basin to a more appropriate location along the northern boundary of the landfill use
site.
The resource recovery operations involve the public dropping off of steel, concrete and vegetation
among other materials into separate and distinct storage and collection areas (refer to Figures 1 &
2 below). Heavy machinery is required to be used in these areas to manage the waste stockpiles
and ensure suitable separation between stockpiles is achieved. The operation of this machinery
creates a conflict and risk to the public who are permitted to enter these areas to drop material off.
Accordingly, Council is required to constantly monitor and manage this aspect of the operation
resulting in additional resources and cost to community.
Importantly, the proposed expansion will involve clearing of approximately 1ha of existing mapped
remnant vegetation, which currently protrudes into the existing resource recovery area. Whilst the
vegetation is considered significant (containing koala habitat trees and wetland), it is also
substantially impacted (i.e. degraded) by edge effects because of the vegetation being exposed to
the landfill operations on three sides.
The proposed works include clearing this vegetation and relocating the HES basin to the northern
boundary, filling the existing HES basin and constructing a new larger resource recovery pad area
as shown in Figure 3 below.
While acknowledging the importance of the subject vegetation to be cleared, the applicant has
advised that there are no other viable alternatives to clearing the subject vegetation and proposes
to provide an equivalent environmental offset area 1.8ha in area located in the eastern portion of
the site (Refer to Figure 3 below).
In support of the proposal the applicant also identifies that there is a real and pressing need to
expand the existing resource recovery area for the reasons outlined below:
• The existing landfill use area comprises approximately 49ha of 322ha site.
• The site has long been used for waste management purposes, with the balance of the site
having ecological value.
• Given the Community Facility (utility installation) zoning under the planning scheme it is
reasonable to expect some expansion of the facility overtime.
• The aim of the expansion of the resource recovery area is to reduce reliance on landfill which
aligns with current best practice and regional waste management strategies.
• The expansion will provide improved separation and reduce the safety risk to the public
• Landfill fires pose significant risk to the landfill operations, the environment and emergency
services personal. The adjoining vegetation is identified as a potential bushfire hazard and
the expansion will allow improved offsets and internal accessibility in the event of a fire.
• The new HES basin has been redesigned to cater for improved water quality management
and flood resilience.
In addition to the need for the expansion, the applicant also advises it will also assist the resource
recovery operations to meet national standards and provide improved functionality of the resource
recovery operations.
Page 9
The applicant has advised that the proposed expansion will not result in any intensification of the
existing use and that all other existing operational components the landfill use will not be affected
by the proposed change and will be maintained in accordance with the existing operations.
Figure 1 – Existing resource recovery area
Figure 2 – Existing plan view of the resource recovery area
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Figure 3 – Revised masterplan proposal
2. SITE DETAILS
2.1. Background
On 24 November 2005 Council issued a development permit for a material change of use of
premises for an expansion of a special purpose (waste disposal & recycling facility) & ongoing
clearing purposes. The approval was subject to conditions of approval.
The application also required a referral to Department of Main Roads (DMR) and the Department
of Natural Resources (DNRM) who subsequently provided conditions of approval.
As part of the approval DNRM approved an area for clearing vegetation, which excludes the subject
vegetation proposed to be cleared as part of the current application.
Figure 4 – DNRM approved area for clearing (Area A)
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On 6 February 2014, the Department of Environmental and Heritage Protection issued an
Environmental Authority (EPPRO1855314). This Environmental Authority including the following
Environmentally Relevant Activities (ERA’s): -
• ERA 33 – Crushing, milling, grinding or screening >5000t yr
• ERA 60(1)(c) – Waste Disposal > 100000 but <200000t yr (1)(a)
On 23 June 2021, the Department of the Environment and Science issued an updated
Environmental Authority (EPPRP1855314) which included the following ERA’s: -
• ERA 60 Waste disposal 1: Operating a facility for disposing of, in a year, the following quantity
of waste mentioned in subsection (1) (a) less than 50,000t
• ERA 62 – Resource recovery and transfer facility operation: 1 Operating a facility for receiving
and sorting, dismantling, baling or temporary storing – (b) general waste
• ERA 62 – Resource recovery and transfer facility operation: 2 Operating a facility for receiving
and sorting, dismantling, bailing or temporary storing – (c) category 2 regulated waste
• ERA 62 – Resource recovery and transfer facility operation: 2 Operating a facility for receiving
and sorting, baling or temporary storing end-of-life tyres only:
• ERA 54 – Mechanical waste reprocessing 2: Operating a facility for receiving and
mechanically reprocessing in a year, the following quantity of general waste – (c) more than
10,000t
The Environmental Authority includes operational conditions which must be adhered to at all times.
On 29 June 2021, Council agreed to accept an amended masterplan as ‘generally in accordance’
with the existing development approval, which designates specific use areas throughout the landfill
site.
On 13 December 2022, the Department of Resources issued a Relevant Purpose determination in
accordance with section 22A of the Vegetation Management Act 1999.
This means that the Department of Resources is satisfied that the proposed development to clear
vegetation for the purpose of Relevant Infrastructure Activities meets the requirements of section
22A of the Vegetation Management Act 1999.
This relevant purpose designation remains valid until 13 December 2024.
2.2. Pre-lodgement meeting with SARA
A pre-lodgement meeting was held with the State Assessment Referral Agency (SARA) on 24 May
2022. In accordance with the advice received from SARA, the applicant obtained a ‘relevant
purpose’ determination from the Department of Resources under section 22A under the Vegetation
Management Act 1999.
2.3. Site Description
The subject site is located at 561 Eumundi Noosa Rd Doonan and is described as Lot 77 on
SP298776. The site consists of multiple land parcels separated by public roads and has total area
of 322.15ha.
The site is located on the eastern side of Eumundi Noosa Rd and has direct access to Eumundi
Noosa Rd, which is to remain unchanged. The landfill is in the southwest corner of the main portion
of the site, which abuts the unformed Rutch Rd to the south. Emu Mountain Road also abuts the
southeastern portion of the site (refer to Figure 5 below).
The site contains significant amounts of native vegetation outside the landfill footprint. The extent
of this vegetation reaches Hollett Rd in the north, Water Hay Dr and Tidswell Rd in the east and
Rutch and Emu Mountain Rd in the south (refer to Figure 5 below).
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Figure 5 – Site Plan The site’s topography is mostly flat with a gentle fall to the north. The landfill mound is the most prominent topographic feature on the site. The landfill has been specifically designed to divert overland flows away from the landfill cells and directed to the primary HES basins located at either end of the site, one being in the north portion within resource recovery area and the other in the southeast corner adjoining Walter Hay Dr (Refer to Figure 6 below). The landfill site incorporates the following elements and features, which form part of the land use operation. • Customer interface • Weighbridge and access areas • Recoverable areas • Cleanaway Depot • Reviva recycling shop • Landfill interface and cells • Resource recovery operational area
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Figure 6 – Aerial photography of the land fill use area
2.4. Surrounding Land Uses
The site is predominantly surrounded by vegetated land that is protected through various
mechanisms such as environmental covenants, strategic framework, zoning and State mapping.
The southern boundary of the site also abuts the northern boundary of the Sunshine Coast Council
LGA.
Other nearby land uses in the area includes the Doonan rural residential locality to the south and
southwest. Noosa Hills par three golf course to north, with southern urban fringe of Noosaville
further to the north. Webya Downs and Lake Weyba are located to the east of Walter Hay Dr. Other
notable land uses to the south along Eumundi Noosa Rd include a service station, the Doonan
Rural Fire Bridge, several nurseries and garden centres (with ancillary cafes) and the Doonan
(Licenced restaurant/ hotel).
Figure 7 – Locality
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy
• South East Queensland Regional Plan
• Planning Regulation 2017
• Noosa Plan 2020.
In accordance with the Planning Act 2016 (the Act), the subject ‘other change’ application is
required to be assessed in accordance with section 82 of the Act. An ‘other change’ application
is a change to a development approval which is not defined as a ‘minor change’. The relevant
assessment provisions that apply are as if “the change application were the original development
application, with the change included, but was made when the change application was made”.
Hence, the other change application is required to be assessed against the Noosa Plan 2020,
similar to a fresh application, but is required to be considered in the context of the current
approval.
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The subject ‘other change’ application is code assessable, and therefore, in accordance with section 82 of the Act the relevant provisions include: • The assessment benchmarks • Any matters a referral agency must, may or may only assess the application against • Any matter prescribed in a regulation 3.2. State and Other Statutory Instruments State Planning Policy Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development. South East Queensland (SEQ) Regional Plan The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan. Planning Regulation 2017 The assessment benchmarks from the Planning Regulation 2017 relating to the Koala Habitat Areas do not apply to this application. Schedule 11 (Assessment benchmarks applying to koala habitat areas in SEQ region), of the Regulation does not apply as the proposed development for a waste management facility is “exempt infrastructure” as listed in Schedule 5, being “infrastructure carried out by or for the State or a public sector entity”. 3.3. Statutory Instruments – Planning Scheme The application must be assessed against each of the following codes to the extent they are relevant to the development: • Community Facilities Zone Code • Infrastructure Activities Code • Works Code • Acid Sulfate Soils Overlay Code • Biodiversity, Waterways and Wetlands Overlay Code • Bushfire Hazard Overlay Code and • Landslide Hazard Overlay Code; Locality Provisions The subject site is not located in a designated locality and is zoned Community Facilities (Utility installation). The proposed use is identified as a consistent use with the zone and is required to follow a code assessable application process. The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below: PLANNING Landuse – Utility installation (Waste landfill and resource recovery centre) Performance Outcome PO5 of the Community Facilities zone code requires that Uses are of a type, scale and intensity consistent with community needs, locational characteristics and supporting infrastructure. The applicant’s town planning report acknowledges an increase in scale of the waste disposal and recycling facility but states that there will be no increase in the intensity of the land use and no significant increase in traffic impacts. Further information was requested to demonstrate compliance with the PO5 of the Community facilities zone code, including the provision of estimated volumes of recoverable material entering and being processed as part of the RRA recovery area and any impacts on existing staffing
Page 15
numbers required to operate the facility and whether the expansion of the RRA will involve
additional staff or visitation by the public.
The applicant has responded to these concerns by reiterating that the purpose for the expansion
is to improve site safety (including for the public) and for improved operational efficiencies created
by the additional 1ha of use area.
The applicant identifies that the current development approval does not regulate the scale or
amount of the waste permitted to enter the site. Notwithstanding this, it has been identified that the
scale and intensity of the current use is limited to the existing Environmental Authority (EA) (DES
ref: EPPRO1855314), which limits the amount of waste entering the site to 50,000t per annum.
The applicant has also provided a breakdown of waste volumes received at the landfill over the
past 15 years. These statistics show that the landfill received 46,203t for the 2021/2022 year,
which confirms that the facility is operating in accordance with the Environmental Authority (EA).
The figures show that the volume of waste received is slightly increasing at a rate of 2% per annum
(over the past 8 years), while the growth in the deferral of recoverable materials is up by 10% per
annum, meaning less waste is entering the landfill.
This information shows that the Resource Recovery Area plays a critical role in reducing the
amount of the waste to landfill and that the increase in size of the resource recovery area is likely
to have negligible impacts on the volumes of total material entering the site, nor is it considered to
result in any perceptible increases in staff or vehicles numbers entering the site.
The information provided by the applicant adequately confirms that the additional resource
recovery use area will not result in any intensification of the existing use, as the waste management
facility will be still regulated by the Environmental Authority and therefore the proposal complies
with PO5 of the Community Facilities Code.
Traffic and parking
The traffic and parking code stipulates that where development has the potential to generate
significant traffic and parking impacts gives appropriate consideration to transport and land use
issues, and in such instances a detailed traffic impact assessment report may be required. These
matters are identified in following extracts PO6 and PO16 of the Driveway and parking code which
state:
PO6
Sufficient parking
a) is provided having regard to the specifics of the use including—
(i) the type and intensity of land use;
(ii) any existing parking available on the site;
(iii) hours of operation;
(iv) likely numbers of users;
(v) accessibility to the site by means other than private motor vehicle;
(vi) the peak parking demand periods of uses on the site; and
(vii) the availability of alternative car parking; and
b) is provided to accommodate the number and type of vehicles and motorcycles likely to be
generated by the development.
PO16
Development with the potential to generate significant traffic and parking impacts gives appropriate
consideration to transport and land use issues.
The applicant has satisfactorily demonstrated that the expansion of the resource recovery area will
not result in any notable intensification of the existing use nor will it result in additional staff
resources to service the revised use area, and as such, will not have any adverse impacts on traffic
generation or parking demand. It is acknowledged that the proposed expansion will provide a
greater use area to provide improved separation, public safety and operational efficiencies.
Accordingly, since the proposed expansion will not result in any additional staff or public parking
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demand, it is considered that PO6 and PO16 of the Driveway and Parking Code are adequately addressed and complied with. ENVIRONMENT AND ECOLOGY Matters of National Environmental significance (MNES) Australia’s key national environment law is the Environment Protection and Biodiversity Conservation Act 1999, also known as the EPBC Act. This legislation regulates activities that are likely to have a significant impact on nationally protected matters including Koala and Threatened Ecological Communities (TEC). Koala For impacts to MNES – koala habitat, the self-assessment process outlined in the Significant Impact Guidelines 1.1 EPBC Act 1999 (DoE, 2013) has being completed and it is considered unlikely that the prescribed activity will have a significant impact on Habitat for Koala (Phascolarctos cinereus) within the Noosa Landfill and RRC expansion area for the following reasons: • Although the area of interest contains suitable koala habitat, and the area does contain koala food and habitat tree species ( Melaleuca quinquenervia), the total area to be cleared of 1.02ha is not considered likely to significantly reduce the area of occupancy, fragment or decrease the local population of koala, • Clearing of an area of koala habitat smaller that 2ha which is bounded on three sides by existing landfill area and already moderately disturbed will not significantly impact the quality of the remaining habitat, and is not likely to adversely affect habitat critical to the survival of the koala, • Breeding cycle and essential life processes are unlikely to be significantly impacted by the proposed clearing works, and • Clearing the impact area is considered unlikely to interfere substantially with the recovery of the koala through the introduction or exacerbation of key threats in areas of habitat critical to the survival of the koala as the proposed clearing is considered small enough that threats including edge effects and invasive species encroachment to adjoining suitable habitat will be relatively minimal and mitigated through appropriate management. Council’s external ecology consultant agrees with this determination and rationale provided. Threatened Ecological Community The applicant’s ecology consultant, Native Foresters, have considered the subject paperbark wetland vegetation against the Environmental Protection and Biodiversity Conservation Act (EPBC Act) and determined that the paperbark wetland does not meet the criteria for an Endangered Threatened and Ecological Community (TEC), and as such, does not trigger referral to the Department of Climate Change, Energy and Environment and Water (DCCEEW) for assessment against the EPBC Act. Council’s external independent consultant accepts this assessment and no further action is required in this regard. Matters of State Environmental significance (MSES) Koala Habitat The applicant’s ecological consultant, Native Foresters, acknowledges that a local koala population may exist, and koalas may move through the local vegetation on the subject site. The State Assessment & Referral Agency (SARA) confirmed that the proposed development constitutes “exempted development” as defined under schedule 24 of the Planning Regulation 2017. Notwithstanding this exemption, the applicant’s consultant, Native Foresters, have advised that given the proponent is a public sector entity, the proposal must be assessed against the State Government Supported Infrastructure Koala Conservation Policy 2017. The applicant’s consultant has confirmed that the clearing would result in a significant residual impact which triggers the need for an environmental offset. Council’s independent external ecologist assessing the application has advised that the policy sets the rate for significant residual impact offset as 6 to 1.
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The impact area includes 500 juvenile koala trees. Therefore, the proposed offset area would need
to host 3000 new koala trees. It is considered that the nominated 1.8ha offset area would need to
be planted out at a relatively high density to accommodate the required trees.
Matters of Local Environmental significance (MLES) (Noosa Plan 2020)
Ecologically important areas
PO 1 of the Biodiversity, Waterways and wetlands code requires that development be sited and
designed to protect the physical and ecological integrity and biodiversity of “ecologically important
areas” through the protection of: (a) existing habitat areas and ecological linkages and (b) existing
riparian vegetation, waterways and wetlands habitat values.
The subject vegetation proposed to be cleared is defined as an “ecologically important area”
because it is an area that contains remnant vegetation, a natural waterway or wetland as per Noosa
Plan 2020 definitions.
Considering the above, the applicant was requested to demonstrate that alternative sites or
designs were considered to preserve the vegetation as required by PO1.
The applicant’s original ecological assessment included statements that:
• the clearing footprint was chosen to ensure no fragmentation of the vegetation to the north
occurs,
• only the area required for expansion of the landfill infrastructure is proposed to be cleared,
and
• all remnant vegetation not required for waste management purposes has been dedicated as
conservation within the adjoining Weyba Nature Reserve.
This response was a narrow response to PO1, which is a high test that seeks to protect ecologically
important areas. The applicant was requested to provide further information to demonstrate the
consideration of alternative designs including repositioning the HES basin to achieve a similar
outcome. The applicant’s response confirms that the proposed clearing area is the preferred
location as it is subject to degradation and edge effects as a result of being surrounded on three
sides by the existing landfill facility. The applicant also argues that there is no other land suitable
for an RRA expansion, given the existing infrastructure on the site. In short, the applicant advised
that other design options on the site would result in greater ecological impacts.
The independent specialist ecologist has reviewed the applicant’s response and considers it is
reasonable in the context of any practical alternatives being available.
Further to the above, the applicant was also requested to demonstrate how the proposal will result
in no long-term net loss of Ecologically Important Area (i.e. offsets) and how the adjoining
Ecologically Important Area will be protected from the development impact.
The applicant has responded by proposing to provide an environmental offset of 1.8ha of land
towards the southeastern corner of the site and as shown on the proposed offset planting plan
(refer to Figure 3 above) to mitigate the combined impacts to koala habitat and the endangered
RE 12.5.3. The applicant proposes that the offset will include:
• Provision of a dedicated koala offset planting for Lot 77 which will provide for the
establishment of 1.8ha located within the landfill facility to offset the 1.02ha of land to be
cleared. The rehabilitation area is to be designed to improve and or create vegetated Koala
Corridors and provide for the 3:1 offset of koala trees where 3 trees are plated for each 1
cleared.
• With the koala rehabilitation works a minimum of 0.21ha of designated revegetation aimed
to achieve RE12.5.3 _eucalyptus racemosa subsp. racemosa woodland on remnant tertian
surfaces (DES. 2022) to mitigate the impact to the endangered RE.
Further, the applicant’s ecologist (Native Foresters) intends to provide a Weed Management plan,
which will seek to eradicate problem weeds such as the Singapore Daisy and incorporate
strategies for rubbish removal from the adjoining vegetation. Further, suitable fencing is proposed
to mitigate litter entering the adjoining bushland and discouraging fauna from entering the
operational use area.
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Council’s independent ecologist has reviewed the applicant’s response and accepts the measures proposed to avoid long term net loss of ecologically important areas, subject to the offset ratio being adjusted to a 6:1 ratio in accordance with the provisions of the State Government Supported Infrastructure Koala Policy 2017. Edge effects PO3 (c) of the Biodiversity, Waterways and Wetlands code requires that the development incorporates siting and design measures to protect and retain ecological values and processes within or adjacent to the site. A site inspection of the surrounding environment indicates that there has been substantial degradation of adjacent bushland via weed incursion. Additional information was sought from the applicant to demonstrate compliance with PO3 (c) of the Biodiversity, Waterways and Wetlands Code. In response, the applicant has provided a revised proposal plan which includes a 5m wide grass buffer area which is intended to be maintained along the northeastern boundary for the full extent of the proposed resource recovery area. Considering the nature of the use and having no buildings proposed in this area, the applicant’s ecology consultant has advised that the buffer is wide enough to allow for adequate weed management. Furthermore, the applicant proposes to install signage along the perimeter boundary to assist with minimising edge effects by clearly delineating the operational use areas of the site. This response was considered acceptable by Council’s independent ecologist as means of satisfying PO3 (c). Wetlands PO6 of the Biodiversity, Waterways and Wetlands Code requires the protection of the biodiversity and ecosystem values of the waterways, wetlands and adjacent riparian zones. The adjacent paperbark open forest meets the definition of a wetland under the Department of Environment and Resource Management (2011) Queensland and delineation guideline, meaning it must be considered for assessment purposes. The applicant’s ecologist has addressed this performance outcome through their Flora and fauna assessment (Rev 4) submitted as part of its information response. Their revised response acknowledges the applicable wetlands, watercourse and riparian buffers to the proposed clearing. The response also notes the poor health of the wetland proposed to be cleared and that weed management will be applied to the balance vegetation and a 1.8ha environmental offset will be provided which includes a constructed riparian drainage line. Council’s independent ecologist has reviewed and is satisfied that the response adequately demonstrates compliance with PO6. Hydrology and ground water effects PO9 of the Biodiversity, Waterways and Wetlands code requires development to ensure natural surface water and ground water hydrological regimes of waterways, wetlands and hydrologically sensitive plant communities are not adversely impacted. The applicant’s ecologist has advised that they have undertaken an assessment of the flora and fauna communities on the site with respect to potential change to natural surface water and ground water hydraulic regimes, including advice from Dr Ed Meyer (an amphibian specialist). Council’s independent ecologist has reviewed the response and is satisfied that the applicant has adequately demonstrated compliance with PO9. Offsets and weed management PO10 of the Biodiversity, waterways and wetland code requires that ecologically important areas be restored and enhanced. The applicant’s proposed works include the implementation of a Weed Management Plan for Singapore daisy and other weed species. Additional information was required to gain a greater understanding the extent of treatment areas, which inherently influence the impact of mitigation measures relied upon to protect the adjacent sensitive habitat from existing and future edge effects.
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The applicant has advised that they propose to prepare a revised Weed Management Plan given
that weed management will be an on-going maintenance issue for the site. However, given the
proposal is for a relatively small expansion of the existing facility, the applicant has requested to
have this matter conditioned as part of any future approval.
In addition to the above, it was also considered important the applicant demonstrate the required
rehabilitation of the proposed offset area was topographically and hydrologically suitable to receive
‘like for like’ offset vegetation (ie paperbark wetland).
In response to this requirement, the applicant’s ecology consultant advised that the area selected
for the offset plantings contains regional ecosystems 12.3.13 and 12.5.3, which is the same as the
proposed area to be cleared. It also noted that the proposed offset area has undergone significant
modification works with swales and channels created to manage on site stormwater flows. These
modifications will be considered and incorporated into the site rehabilitation plan to ensure species
selection is consistent with RE types 12.3.13 and 12.3.5 and can be propagated in this area.
Scribbly Gums which are present in RE12.3.5 can be placed on the mounded areas on the top of
the swales.
Council’s independent ecologist has reviewed and accepts the applicant’s responses with an Offset
rehabilitation plan also to be conditioned adopting the 6:1 offset ratio.
Koala habitat areas
PO10 of the Biodiversity, Waterways and Wetlands Code requires that development be designed,
constructed, and operated to, amongst other things, protect and enhance koala habitat and avoid
adverse impacts.
In addressing this requirement, the applicant has proposed the following measures:
• Establish an offset rehabilitation area to offset impacts for RE 12.3.13 and 12.5.3
• Established species selection to re-establish RE 12.3.13. and 12.5.3
• Weed management of the site (and extended wetland)
• Erecting a fauna, dust and rubbish exclusion fence around the edge of the landfill to reduce
impacts to adjacent vegetation and excluding access for koalas and other fauna species
• Clearing works to be undertaken in sequential manner from the cleared edges towards
retained vegetation to allow fauna to escape under the supervision of a koala spotter
• Demonstrated that the offset location is suitable for ‘like for like’ offset planting
• Confirmed that the area is sufficient in size to accommodate the required offset
• Offset planting will be protected by an environmental covenant
• An offset rehabilitation plan is to be prepared in accordance with the Environmental Offset
Act as part of a future operation works application
• Concept fencing plan is to be prepared which shows location of the temporary fencing to be
located around and shift in response to the landfill operations.
Council’s ecology consultant has reviewed the applicant’s response and is satisfied that the above
measures demonstrate compliance with the P10, provided that the offset rehabilitation plan adopts
a 6:1 ratio offset.
Bushfire
PO12 of the Biodiversity, Waterways and Wetland code requires the adoption of bushfire
management measures based on the ecological principles. It is noted that the original
development approval includes conditions requiring the implementation of a Bushfire Management
Plan. The applicant did not provide a bushfire management plan as part of the application material.
As such, a bushfire management plan will need to be prepared consistent with the latest hazard
assessment methodology as prescribed under the SPP 2019 Guidelines: Natural hazards Risk and
Resilience Bushfire 2019 and the QFES Bushfire Resilience Community 2019.
The applicant has acknowledged the need to maintain a current Bushfire Management Plan for the
site and requested that a condition be imposed that requires an updated Bushfire management
plan. This request has been accepted and will be conditioned to ensure PO12 will be achieved.
Stormwater
Page 20
The applicant has prepared a Stormwater Management Plan (Topo, 7/02/2022) for the purposes
of this application. This Stormwater Management Plan addresses stormwater quality. Council’s
independent stormwater consultant has reviewed the applicant’s Stormwater Management Plan
(SWMP) and have provided the following feedback:
• The SWMP is based on the former master plan (2021) but it is considered that the catchment
area and disturbance areas are effectively the same.
• The report also examines a range of options for the position, sizing, and design of the HES
basin rather that fixing on a particular final approach.
• The SWMP presents current best practice approaches and includes a range of viable options
for the expansion which are consistent with both the ERA licence conditions and relevant
best practice guidelines.
The SWMP proposes a Type A HES basin in a new location along the northern site boundary. This
position has been selected due to the well-known issues with the current basin’s position, as it
suffers from elevated tailwater issues which impact the basins performance.
The IECA (2018) guidelines direct the use of a Type A basin (includes low flow pipe) for activities
such as landfills, however it is noted that similar performance can be achieved by Type B HES
basin (spillway only).
The applicant’s report provides 2 options for a successful use of the Type A basin:
1. Elevated low level flow outlet above the Q10 flood level so it is always free draining (this
would require significantly more fill for the RRA pad)
2. Only have a spillway above the Q10 level and have the low flow pipe with flag gate to prevent
backwatering. This means that the basin may frequently not drain via the low flow pipe.
Council’s independent stormwater consultant advised:
Option 2 will essentially function as a Type-B basin whenever the downstream water levels are
elevated. Personally, I believe the benefit of having the low-flow pipe in the Type-A configuration
at this site is marginal and introduces additional risk of the flag-gate failing and water flowing back
into the basin from downstream and compromising performance. This is however subjective, and
the condition provides an option but not a direction in this regard.
It also recommends that the report be updated to better reflect the activities and finalised design
details for the HES basin. It is recommended that this can be included as a condition.
Council’s independent stormwater consultant advised that no conditions relating to ongoing
environmental performance/ water quality are necessary as this matter is addressed through the
ERA licence.
Flooding
The landfill is located outside any regional flood mapping; however the site is subject to local
drainage associated with the catchments within and immediately adjacent to the site.
A flood assessment and technical memo have been prepared by the applicant to document and
address flooding at the site.
Council’s independent stormwater consultant has advised that the applicant’s report demonstrates
the extent of flood impacts associated with the works. This involves some impacts to the vegetated
areas to the north of the proposed works but still contained well within the broader site boundary.
Whilst this is consistent with flood hazard overlay code, Council’s independent consultant
recommends a condition that the detailed design should consider a system for flow distribution
along the northern boundary of the fill pad to better replicate existing flow patterns and minimise
impacts on adjoining vegetation due to change in wetness or scour associated with larger flood
events.
Council’s independent stormwater consultant also notes that it would be appropriate that all waste
use areas are located at least 300mm above the 1%AEP (2100) flood level to protect waste being
washed downstream.
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Conditions of approval have been recommended to ensure compliance is achieve with Flood
Hazard Overlay Code.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the following matters:
• Clearing native vegetation
• land with 25m of a State transport corridor
• land within 100m of a State controlled road intersection
The Department responded on 15 January 2024 advising that referral agency conditions must be
attached to any development relating to this application. These conditions of approval relate to
vegetation clearing and include the following:
• Clearing of vegetation must only occur in Area A as shown in the attached Vegetated
Management Plan (ref: VPM 2311-37804 SRA)
• Enter into an agreement to deliver an environmental offset in accordance with the
Environmental Offsets Act to counterbalance the significant residual impacts on the Matter of
State Environmental Significance.
4.2. Internal Council Referrals
The application was forwarded to the following external (independent) specialist (acting on behalf
of Council) for review and comment:
• Ecology and environment – North Coast Environmental Services
• Stormwater and flooding – Switchback Consulting
4.3. Public Notification
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The subject application for an ‘other change’ to an existing development approval seeks to allow
for an expansion of the existing Noosa landfill operation is recommended for approval subject to
reasonable and relevant conditions.
The purpose of the expansion is to increase the size of existing resource recovery area to improve
on site safety and operational efficiency of the resource recovery use area. The proposed
expansion will also involve relocating the existing HES basin to a more suitable location along the
northern boundary of the site. To facilitate the expansion the proposal involves clearing a portion
of remnant vegetation which has been degraded through edge effects over time.
The subject change application only applies to the resource recovery area and does not apply to
any other parts or operational areas of the site, except for the proposed offset rehabilitation area
in the southeastern corner of the site.
The application is code assessable and has been assessed against the relevant assessment
benchmarks of the planning scheme and the prescribed matters under the Planning Regulation
2017. The application has also been referred to SARA for vegetation clearing and state-controlled
road matters.
The proposal has been assessed against the relevant assessment benchmarks of the planning
scheme and, in the event, it does not comply, reasonable and relevant conditions have been
prepared to achieve compliance. SARA have also provided conditions of approval which are
required to be attached to any development approval.
Grounds for approval include:
Page 22
• The proposed expansion is consistent with the role and function Community facilities zoning
and annotation as Utility installation (Waste management facility).
• The proposal supports the role and function of the existing Waste disposal and recycling
facility
• The proposal provides improved safety and operational efficiencies within the existing
resource recovery area
• The proposal provides a new and improved HES basin providing improved water quality
outcomes for the adjoining wetlands and watercourses
• The proposal will involve a 1.8ha offset rehabilitation area to be conserved via an
environmental covenant.
• The offset rehabilitation area will be planted out with ‘like for like’ koala habitat species
present in the area and proposed to be replaced at a ratio of 6:1
• The proposal will result in an improved ecological outcome for the adjoining remnant
vegetation through the implementation of a weed management plan and suitable fencing.
• The proposal will result in improved flood and overland flow outcomes to replicate existing
flow outcomes and minimise impacts on adjoining vegetation.
• The proposal will result in all new waste areas being located 300mm above the 1% AEP flood
event
• SARA have provided conditions of approval in support of clearing the subject vegetation.
Page 23
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 24
ALL DRAWINGS TO BE PRINTED IN COLOUR!
ATTACHMENT 3 - PROPOSAL PLANS
E PSM No NA Capital Project Number
D NOOSA COUNCIL INFRASTRUCTURE EUMUNDI NOOSA ROAD - DOONAN
(AHD) RL NA 501042
C PLANNING , DESIGN AND DELIVERY PROPOSED RESOURCE RECOVERY AREA EXPANSION 2023
B SURVEYED NA
A3 PO BOX 141 TEWANTIN QLD 4565 Sheet No. - Revision No.
A 07/12/23 ISSUED FOR REVIEW DRAWN D KANG 12 / 2023
ph:(07) 5329 6500 email: [email protected]
Rv DATE REVISIONS REC. APPR. CHECKED PROPOSED SITE LAYOUT PLAN C02 A
FILE:C:\Users\dkang\Documents\TMRCust\TempDwgLocation\AcPublish_10044\501042 landfill RRA expansion - capping.dwg DATE:13/Dec/2023 BY:dkang
Page 25
ALL DRAWINGS TO BE PRINTED IN COLOUR!
E PSM No NA Capital Project Number
D NOOSA COUNCIL INFRASTRUCTURE EUMUNDI NOOSA ROAD - DOONAN
(AHD) RL NA 501042
C PLANNING , DESIGN AND DELIVERY PROPOSED RESOURCE RECOVERY AREA EXPANSION 2023
B SURVEYED NA
A3 PO BOX 141 TEWANTIN QLD 4565 Sheet No. - Revision No.
A 07/12/23 ISSUED FOR REVIEW DRAWN D KANG 12 / 2023
ph:(07) 5329 6500 email: [email protected]
Rv DATE REVISIONS REC. APPR. CHECKED PROPOSED OFFSET PLANTING PLAN C02 A
FILE:C:\Users\dkang\Documents\TMRCust\TempDwgLocation\AcPublish_10044\501042 landfill RRA expansion - capping.dwg DATE:13/Dec/2023 BY:dkang
Page 26
ATTACHMENT 3 To the GC Minutes Dated 12 February 2024 – 132005.638.03 –
Copy of full Conditions
PLANNING
When Conditions must be Complied With
Land Use
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plan is titled Proposed Future
Development of Noosaville Landfill stamped and dated 24 November 2005 and as may
be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
4. Cleared vegetation is to be suitably processed by one of the following methods and
removed from the site:-
4.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
high with a minimum of 10 metres between edges of heaps.
4.2. Disposal for firewood.
4.3. Disposal for landscaping purposes.
4.4. Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used for
this purpose.
4.5. The Applicant is advised that burning off is an unacceptable method of disposal.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. A Bushfire Management Plan is required to be prepared by a suitably qualified expert
detailing any measures that are required to be undertaken on the subject site to ensure
the risk of bushfire hazard is minimised and managed. The plan shall be to the
reasonable satisfaction of the Queensland Fire and Rescue Service.
7. The proposed extensions to the Waste disposal and recycling facility shall incorporate
requirements for the management of acid sulfate soils in accordance with State
Planning Policy 2/02 - Planning and Managing Development Involving Acid Sulfate
Soils.
8. A Koala Management Plan is required to be prepared by a suitably qualified expert
detailing any proposed relocation of koalas and rehabilitation of other areas of the site
with suitable koala food trees, if appropriate.
9. The Development Permit for a material change of use of premises lapses if the use has
not happened by 24 November 2009 unless an application to extend the currency is
approved by Council.
Land Development
10. Any person acting on this permit shall prevent erosion and sediment export from leaving
the site. Site control measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, will be necessary.
11. Prior to undertaking any excavation, the person acting on this permit shall contact public
utility service providers to ascertain the location of their underground services
Page 27
12. The person acting on this permit shall apply and obtain all other necessary permits
including crane, road opening, hoarding, footpath occupation and/or any other
approvals required under any other Act or By-Law.
13. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particulate matter escapes onto a public road. All vehicles carrying
materials either to or from the site shall be covered to prevent materials including dust
being windblown from the vehicle.
14. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
15. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the commencement of any works commencing on the site.
Plan No. Rev. Plan/Document Name Date
501042 CO2 A Proposed site layout plan prepared by 7/12/2023
Noosa Council
501042 COS A Proposed offset planting plan prepared by 7/12/2023
Noosa Council
JOO352R1V2 - Noosa Landfill RRA flood Assessment 6/04/2022
prepared by Hydrology and Water
Management Consulting
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
<R2015 B Noosa Landfill – Stormwater Management 7/12/2023
Plan prepared by Topo
Amendments
▪ Update the report to reflect the current masterplan for the
site and the specific changes for the site encompassed by
the application
▪ Specify the final HES basin detail from the range of
options presented in the report, including consideration of
whether a Type-B HES basin may present a lower-risk
option compared to the flap-gated arrangement proposed
to prevent back-flows into the Type-A arrangement as
currently proposed
▪ Include all details for the sizing and proposed levels of the
HES basin within the body of the report, based on recent
detailed survey at the point of discharge and downstream;
and
▪ Include construction-phase erosion and sediment control
plans which document how the transition from the current
HES basin location to the ultimate location (including filling
for the RRA pad) will be achieved
*(Refer to Advisory Note)
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Nature and Extent of Approved Use
16. This development permit authorises a Utility Installation (Waste disposal and recycling
facility) to be established on the site. The subject use is limited to waste management
and ancillary activities associated with the primary use occurring on the site.
17. The landfill waste management activities must not extend outside the designated use
areas as shown on the approved plans. Signage is to be placed along the northern,
eastern, and southern boundaries of the approved use areas to assist in delineating the
edge of the approved use areas and surrounding bushland.
18. This approval does not approve any new building or structures within the resource
recovery area except for any fencing or signage permitted as part of this approval.
Public safety
19. Public signage must be erected along all internal roads to assist the public navigate
through the site, in particular the resource recovery area.
ECOLOGY AND ENVIRONMENT
20. A detailed Offset Delivery Plan (ODP) must be developed in accordance with the
Environmental Offsets Act 2014. The development must offset a minimum 500 non
juvenile koala habitat trees (the impact) at the ratio of 6:1 to satisfy the State Government
Supported Infrastructure Koala Policy 2017.The ODP shall include details such as
species composition, planting density, planting methodology, annual reporting and
include a minimum 5-year maintenance for the proposed 1.8ha Offset area.
21. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Offset
Delivery Plan prior to the commencement of the use of the additional area.
*(Refer to Advisory Note)
22. Construct a minimum 1.8m temporary fence around the operational areas of the landfill
to prevent rubbish from leaving the landfill area and depositing in the adjoining bushland.
23. A Weed Management Plan must be prepared which addresses weed management
along the interface of the proposed earthworks footprint with bushland areas, including
but not limited to a minimum 5m grassed buffer area between the proposed resource
recovery and the adjoining vegetation to the north. Control of all weed species listed in
the following standards and legislation must be undertaken:
a. Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
Regulation 2016)
b. Council’s Biosecurity Plan 2020 pest plants listed in schedule 1 part 3, schedule 2,
and nonscheduled invasive species.
24. The requirements and recommendations of the approved weed management plan must
be implemented. Certification must be submitted to Council from a qualified person*
which certifies that the subject works have been undertaken in accordance with the
approved Weed Management Plan.
*(Refer to Advisory Note)
25. A Sediment and Erosion Control Plan must be prepared by a suitably qualified person*.
26. The sites supervising engineer must ensure that the sediment and erosion control
measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with
"best practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in
the projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
Page 29
d. Achieve the desired environmental outcomes.
27. The erosion and sediment control measures must be designed, installed, and
maintained in accordance with the current best practice standards.
28. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the Sediment and Erosion
Control Plan.
*(Refer to Advisory Note)
29. A Vegetation Removal & Fauna Management Plan must be prepared by a suitably
qualified person to mitigate the risk of clearing impacts to all native fauna and adjoining
vegetation. The sequential clearing requirements specified under the Nature
Conservation (Koala) Conservation Plan 2017 are to be adopted in the Plan.
30. A suitably qualified person must be engaged to manage flora and fauna prior and during
clearing to ensure works are carried out in accordance with the Vegetation Removal and
Fauna Management Plan (required as part of this approval) and the Nature
Conservation Act 1992.
31. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Vegetation
Removal & Fauna Management Plan.
*(Refer to Advisory Note)
32. An Arborist Assessment must be completed by a suitably qualified and experienced
Level 5 consulting arborist of the trees likely to be impacted along the edge of the
earthworks footprint and any recommendations made are adopted. Disturbance to
retained remnant vegetation and tree root protection zones of large, retained habitat
trees (trees with dbh >300mm) that occur next to the clearing area is to be avoided as
far as practicable.
33. Certification must be submitted to Council from a qualified person* which certifies that
the subject works have been undertaken in accordance with the approved Arborist
assessment.
*(Refer to Advisory Note)
Bushfire management
34. A bushfire hazard assessment must be prepared in accordance with the SPP 2019
Guidelines: Natural hazards Risk and Resilience Bushfire 2019 and the QFES Bushfire
Resilience Community 2019 for the development.
35. The development must be carried out in accordance with the requirements and
recommendations of the Bushfire Management Plan. Certification must be submitted to
Council from a qualified person* which certifies that the subject works have been
undertaken in accordance with the approved Bushfire Management Plan.
*(Refer to Advisory Note)
36. A copy of the Bushfire Management Plan must be provided to the nearest fire authority
and always maintained at the waste management facility site office.
37. Certification must be submitted to Council from a qualified person* which certifies that
the development has been undertaken and constructed in accordance with the bushfire
management conditions of this Decision Notice.
*(Refer to Advisory Note)
38. A review and certification of the Bushfire Management Plan is required every 5 years to
ensure its currency and must be submitted to Council from a qualified person*.
*(Refer to Advisory Note)
Page 30
Environmental covenant
39. A vegetation protection covenant must be registered against the title/s of the property
over the area identified as the 1.8ha Proposed Offset Planting Area as shown on the
Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee reference Queensland Land Title Registry
Standard Terms Document No. 715597513.
40. The vegetation protection covenant document must be registered with the titles office
before clearing commences.
ENGINEERING
Earthworks and Retaining Walls
41. All fill and associated batters must be contained entirely within the approved use area
and must be designed and certified by a suitably qualified person.
Acid Sulfate Soils
42. An Acid Sulfate Soils Investigation Report must be prepared to mitigate the risk of acid
sulfate soils on the adjacent bushland /wetland areas.
All requirements and recommendations of the Acid Sulfate Soils Investigation Report
must be certified by a suitably qualified person*.
*(Refer to Advisory Note)
STORMWATER
43. Prior to commencement of works associated with the relocation of the HES basin,
provide an updated SWMP, which is based generally on the Noosa Landfill – Stormwater
Management Plan (Topo, 7/2/2022) and which addresses the following:
a. Update the report to reflect the approved masterplan for the site and the specific
changes for the site encompassed by the application;
b. Specify the final HES basin detail from the range of options presented in the report,
including consideration of whether a Type-B HES basin may present a lower-risk
option compared to the flap-gated arrangement proposed to prevent back-flows
into the Type-A arrangement as currently proposed;
c. Include all details for the sizing and proposed levels of the HES basin within the
body of the report, based on recent detailed survey at the point of discharge and
downstream; and
d. Include construction-phase erosion and sediment control plans which document
how the transition from the current HES basin location to the ultimate location
(including filling for the RRA pad) will be achieved.
44. All future building floor levels and waste management areas are to be provided with
surface levels which are a minimum of 300mm above the 1%AEP local flood level,
including allowance for climate change by year 2100.
45. Works are to be undertaken generally in accordance with the Noosa Landfill RRA Flood
Assessment (J00352R1V2) by Hydrology and Water Management Consulting, dated
6/4/2022. In conjunction with detailed design for the project, the design of the fill pad
and the Flood Assessment are to be updated to incorporate a system for flow
conveyance and distribution along the northern boundary of the fill pad which achieves
greater replication of existing flow patterns to the retained vegetation north of the works.
This is required in order to mitigate potential changes in wetness resulting from frequent
discharges or the risk of erosion during less frequent events.