Development Application part 2 Report and Plans MCU13/0052

    6.0            CURRENT PLANNING
                   CONTROLS
    6.1      Commonwealth            Legislation            The Telecommunications Act
    1997

    The Telecommunications Act 1997 has been operative since 1 July 1997. This legislation
    establishes the criteria for ’low impact’ telecommunication facilities. If a proposed facility
    satisfies the requirements of a ’low impact’ facility, the development is exempt from the
    planning approval process.

    Further clarification of the term ’low impact’ is provided in the Telecommunications Act
    1997 and the Telecommunications (Low Impact Facilities) Determination 1997, which was
    gazetted subsequent to       the Act.       The   Telecommunications      (Low Impact Facilities)
    Determination 1997 establishes certain facilities, which cannot be considered low impact
    facilities.


    The proposed facility is not considered to be low impact under the definitions contained in
    the Commonwealth legislation as it involves the construction of a new tower. It is therefore
    subject to the Sustainable Planning Act 2009 and requires development approval under
    the provisions of the Noosa Plan 2009.




    6.2      State Legislation        -
                                          Sustainable Planning Act 2009

    The Sustainable Planning Act 2009 (the SPA) is the legislation that governs planning in
    Queensland.    The   SPA      seeks    to     achieve   ecologically   sustainable   outcomes   for
    development within Queensland by coordinating and integrating planning mechanisms at
    local, regional and state levels, managing the effects of development on the environment,
    and managing the process by which development takes place.


    Where a Telecommunication Facility is not considered a low-impact facility, it is subject to
    the provisions of the relevant local government planning provisions.


    Therefore, because the proposed facility is not ’low-impact’ as the proposal involves the
    installation of a 40m Tower; the provisions of the Planning Scheme apply. This
    development report has been compiled to accompany an Impact Assessable application
    to Sunshine Coast Regional Council under the provisions of the Noosa Plan 2009. The
    provisions of the Planning Scheme are assessed in Section 7.0 below.


    6.3      State Legislation        -

                                          Vegetation Management Act 1999
    The Vegetation Management Act 1999 (VMA)is the legislation that regulates vegetation
    management and the clearing of native vegetation in Queensland. The VMA, managed by
    the Department of Natural Resources and Mines (DNRM),regulates clearing, and how it
    must be undertaken to meet the requirements of the law.


    Clearing for some activities is exempt. This includes most routine activities like fence lines,
r
    yards, firebreaks and burning off. The clearing of native vegetation (identified on Regional
    Ecosystem and Remnant Maps or Regrowth Vegetation Maps and PMAVs) for a MCU
    however, is not considered an exempt activity.




    NBN-4NBZ-4POM-5136   -
                             Boreen Point North                                              Page 22