11. Existing DA (2006)

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environmental licences and permits

Notice
Notice of Decision — Development Approval

For each activity applied for, a corresponding decision is attached that includes any stated conditions applying
to the approval or the basis for refusing an application. Please retain this document for your records.

Review and appeal processes may be available to the applicant in regard to this decision. An extract from the
Integrated Planning Act 1997 (IPAct) is attached. This attachment details the applicant’s rights regarding this
decision. The applicant should seek independent advice to confirm the procedures available.

If you require more information, please contact Trevor Carter, the Project Manager, on the telephone number
listed below.

Yours sincerely

 

 

ee Ba-3-06

 

 

 

 

Enquiries:

Coastal Unit (Southern Region)
Environmental Protection Agency
PO Box 15155

CITY EAST QLD 4002
Telephone: 32276718
Facsimile: 3221 0768

Tara Collins

Operations Manager — Coastal
Environmental Operations (Southern Region)
Environmental Protection Agency

 

Page 2 of 2 * 09/03 Version 1.1 Environmental Protection Agency

Page 3

Permit'

 

 

 

 

 

 

 

 

 

 

 

Coastal Development
Integrated Planning Act 1997, Schedule 8, Part 1, Table 4, Item 5
Permit number: IPDC00067404A33
Date Received by EPA: = 12 November 2004
Details
Permit Holder(s) Name Address
Principal Holder Noosa Shire Council PO Box 141
Tewantin Qld 4565
Relevant Laws and Policies Coastal Protection and Management Act 1995 and subordinate
legislation.
Jurisdiction Schedule 1, Part 3, Table 4, Item 5 of the Integrated Planning Regulation
1998.
Activity Operational Work carried out completely or partly within a coastal
management district that is tidal works.
Location(s) Lot and Activity(s)
Plan
Noosaville foreshore Not Beach nourishment including dredging in the Noosa River
applicable | in accordance with drawing numbers:
NRN-AO dated 27 October 2004
NRN-A1 dated 7 October 2005
NRN-A2 dated 7 October 2005
NRN-A3 dated 7 October 2005
NRN-AS dated 7 October 2005
NRN-A6 dated 7 October 2005

 

 

 

 

Decision to application

The Environmental Protection Agency’s (EPA) response is that the application is approved with a development
permit subject to the conditions as contained in this document.

 

' Permit includes licences, approvals, permits, authorisations, certificates, sanctions

or equivalent/similar as required by legislation administered by the

Environmental Protection Agency and the Queensland Parks and Wildlife Service

Environmental Protection Agency ( N Queensland Government

Environmental Protection Agency
www.epa.qid.gov.au aan a7 221 158 766 Queensland Parks and Wildlife Service

PAGE 1 OF 5

 

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Reasons for inclusion of development conditions

The Environmental Protection Agency is recognised as the assessment manager under the /ntegrated Planning
Amendment Regulation 1998 for coastal management.

The Activity for which this development approval is issued is simply a restatement of the activity as prescribed in
the legislation at the time of issuing this development approval. Where there is any conflict between the above
description of the Activity for which this development approval is issued and the conditions as specified in this
development approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions
prevail to the extent of the inconsistency.

This development approval authorises the Activity. It does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authorises that harm. Where there is
no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not be
construed as authorising harm.

Referral agencies

Concurrence Agencies: Harbour Master, Brisbane Region, Maritime Safety Queensland
Advice Agencies: N/A
Referral Agencies: N/A

Additional comments or advice about the application

This approval does not remove the need to obtain any further approval for this development, which may be
required pursuant to this or other legislation, both State and Commonwealth. Applicants are advised to check
with all relevant statutory authorities for such approvals as may be required.

It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within thirty
(30) days after becoming aware the activity is being carried out, give notice to the Environmental Protection
Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994.

In sourcing sand from the designated borrow area, Council should try to give preference to those areas covered
by existing leases or infrastructure.

Council is advised that for any works that result in the disturbance to marine plants, a relevant permit must be
obtained from the Department of Primary Industries and Fisheries. The dredging works will require an ERA19
licence under the Environmental Protection Act 1994.

Appeal rights

Section 4.1.27. of the Integrated Planning Act 1997 details your appeal rights regarding this decision.

 

' Permit includes licences, approvals, permits, authorisations, certificates, sanctions

or equivalent/similar as required by legislation administered by the

Environmental Protection Agency and the Queensland Parks and Wildlife Service

Environmental Protection Agency | Queensland Government

| Environmentat Protection Agency
www.epa.qid.gov.au aun a7 221 158 786 Queensland Parks and Wildlife Service

PAGE 20F 5

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Conditions of Approval

1. If tenure over the site of the works is required by the relevant Harbour Board (Port Authority) or the
Department of Natural Resources and Mines, the constructing authority shall, before using the works for
any purpose, obtain a lease, license or permit to occupy over the site of the works from the relevant
Harbour Board (Port Authority) or the Department of Natural Resources and Mines.

2. Any access across the dune system to allow necessary plant and equipment onto the beach to undertake the
work shall minimise damage to the dunal vegetation.

3: Any areas disturbed by the works are to be stabilised against wind erosion and rainwater run-off erosion and
revegetated with native ground cover species commonly found on adjacent areas.

4. The sand being placed on the beach shall be clean and free of silt, clay, organic material or any other
deleterious substance and must of a grain size compatible with the existing beach sand.

5. Sand shall be placed uniformly along the section of beach to be nourished in accordance with the
specified plans.

6. No dredging or deposition shall be undertaken within the designated area 4.
7. No dredging shall be undertaken within the designated area 6 upstream of lot 4 on RP74098.

8. No dredged material shall be removed by the Noosa Shire Council from the bed or foreshores outside the
limits of the area marked on the approved plans.

9. Batters of the excavation shall be left by the Noosa Shire Council at slopes no greater than those shown
the approved plans.

10. If any acid sulphate soils are uncovered the Noosa Shire Council must comply with the latest edition of the
Queensland Environmental Protection Agency’s INSTRUCTIONS FOR THE TREATMENT AND
MANAGEMENT OF ACID SULPHATE SOILS, 2001, produced by the Queensland Environmental
Protection Agency in consultation with the Department of Natural Resources and Mines and the
Department of Primary Industries.

11. — If dredging material has been removed from outside the boundaries of the authorised operating area or
from the bed below the levels designated or if the batters are steeper than the designated batters, the
Noosa Shire Council shall at its cost and expense repair those areas where overdredging has occurred so
that the shape of the removal excavation conforms to the relevant conditions of this permit. Only granular
material of a quality and grading approved by the Chief Executive shall be used to repair overdredged
areas.

12. If, as a result of removal of dredging material or any other cause attributable to the Noosa Shire Council,
any bank is displaced the Noosa Shire Council shall at his cost and expense 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 of the EPA.

13. Before dredging commences, and during the whole of the dredging operations, each dredge and each
item of equipment carrying out the actual removal of the material shall display a sign which is clearly
legible from either side of the dredge or equipment. This sign shall display the name of the dredger and
the number of this permit. The lettering on the above sign shall be at least seventy-five millimetres high
and formed of strokes each a minimum of thirty millimetres wide.

14. Oncompletion of the dredging operation or when directed by the Chief Executive to do so, the Noosa
Shire Council shall remove all dredge plant and equipment (including pipes, floats and other equipment
used in or in connection with the dredging operations) from the site.

15. The Noosa Shire Council shall ensure that a copy of the conditions pertaining to this permit is available at
the dredging site at all times and that all dredging plant personnel are made aware of all the conditions of
this permit. .

 

‘ Permit includes licences, approvals, permits, authorisations, certificates, sanctions
or equivalent/similar as required by legislation administered by the
Environmental Protection Agency and the Queensland Parks and Wildlife Service

jh
{|
Environmental Protection Agency , \ Queensland Govern ment

ne — = Environmental Protection Agency
Wwww.epa.qid.gov.aul aan a7 221 159 786 Queensland Parks and Wildlife Service

PAGE 30F5

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environmental licences and permits

Concurrence Agency Requirements (Refer Appendix 1):

Refer to Harbour Master, Brisbane Region, Maritime Safety Queensland’s letter dated 25 January 2005.

 

 

 

 

 

 

 

 

aa pn ait,
Signature Decision Date
Enquiries:
Tara Colli Trevor Carter — Coastal Unit
ara Environmental Protection Agency (Southern)
Operations Manager — Coastal PO Box 15155
Environmental Operations (Southern Region) CITY EAST QLD 4002
Environmental Protection Agency Telephone: 32276718

Facsimile: 3221 0768

 

‘ Permit includes licences, approvals, permits, authorisations, certificates, sanctions
or equivalent/similar as required by legislation administered by the

Environmental Protection Agency and the Queensland Parks and Wildlife Service

Environmental Protection Agency Q wees ad over nment
. nvironmental Protection Agency)

www.epa.qid.gov.aul agn s7 221 155 798 Queensland Parks and Wildlife Service

PAGE 4OF 5

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anvironm

 

Appendix 1

Referral Agency
response

e Harbour Master, Brisbane Region, Maritime Safety
Queensland’s letter dated 25 January 2005.

' Permit includes licences, approvals, permits, authorisations, certificates, sanctions
or equivalent/similar as required by legislation administered by the

Environmental Protection Agency and the Queensland Parks and Wildlife Service
Environmental Protection Agency \ Queensland Government
www.epa.qid.gov.au Asn a7 221 158 786

8 Environmentat Protection Agency
Queensland Parks and Wildlife Service

PAGE 50F 5

Page 8

45 13:46 8755329147

25 January 2005 Maritime Safety

4 ICM PAGE 02/83
0755329147

Queensland
Government

 

Queensland

International Cosstal Management
11 Greer Terrace Queensland Transport
Southport Qld 4215

Att:

Bobbie Corhett

Dear Bobbie

Tidal Works Application
Dredging Permit ~ Noosa River & Canal Nourishment

‘Thank-you for your letter of 19 January 2005 about your request under the Coastal Protectionand
Management Act 1995 for a dredging proposal for the locations mentioned ahove.,

As a concurrence agency, Maritime Safety Queensland has no objection to the proposal provided the
following navigation and marinc safety conditions are addressed.

1:

The dredging operation inust be carried out in the areas described on International Coastal
Management, drawing number NRN-01,02,02-1,62-2,02-3,03,04,05 and 06 attached to your
letter of 19 January 2005.

2. The permit holder shall@yisure that the dredging operation is confined to within the boundaries of
the authorised operating area, Dredging operations must be conducted by means of suitable
dredge plant and equipment as prescribed in the drawings mentioned above.

3. The permit holder shall conduct surveys of the authorised operating area(s) one-month before the
expiry of termination of the dredging permits. Plans of the surveys shall be sent to the Harbour
Master, within one month of the completion of each survey.

4a. In the Weyba Creek Canals - No dredging material shall be removed by the dredger trom the bed
or foreshores within a distance of 1 2m, below the low water mark. This distance must be
measured from the vertical property boundary retaining wall.

4b. In the Noosa River — No dredging material shall be removed by the dredger from the bed or
foreshores within a distance of 18m. This distance niust be measured from the landslide
deposition boundary as depicted on Drawings NRN 02-1, 02-2, 02-3.

5. No dredging material shall be removed by the dredger from the bed below RL-2.5m ABD.

Maritime Safety Queenaland Ourref 710/82 (1) P24492 F4

Brisbane Region Your ref

MacArthur Avenue East Enquiries Pater Marchbank

Pinkenba Queensland 4008 Telephone +61 7 3860 3556

ABN 13 200 330 520 Facsimile +617 3860 3574

Website www.transport.qld.gov.au/maritime

GAMarltime\Marlope\MOFFIC! E\SECT-8m2Slemnoosariver.dac

Page 9

85 13:46 8755329147 4 Ic PAGE 03/83

0755329147

6 Dredging operations must be condneted in a manner that ensures a suitable navigation channel is
Open to vessel traffic at all times,

7. Where the dredge causes damage to any navigatiozal aid due to the operation, the permit holder
shall repair or replace the navigational aid to the satisfaction of the Harbou? Master,

8. The permit holder shall not remove any material within a horizontal distance of 40 m from any
aid to navigation, including any ground tackle attached to the aid.

9. Dredging operations shal] be carrj éd out without Causing interference to other dredge operators
within the vicinity of works.

10. All floating dredge plant and equipment used by the permit holder for purposes of this permit
shall conform to the Jransport Operations (Marine Safety) Act 1994. All floatin ¥ Pipeline shall
be appropriately lit and/or marked to the satisfaction of the Harbour Master,

11. All vessels and/or floating plant engaged in the dredging operation must obtain or hold a valid
Certificate of Survey or a valid permit issued by Maritime Safety Queensland pursuant to the
Transport Operations (Marine Safety) Act 1994.

12. If any ohsfruotions are encountered during dredging operations, the permit holder shall at his cost
and expense remove and dispose of them as directed by the Harbour Master,

13. ‘Lhe permit holder must give the Harbour Master two weeks notice, before commencing or
ceasing dredging operations. This information is required for the issuing of a Notice to Mariners,

14, The permit holder must  gomply with all written instructions issned by the Harbour Master.
15. ‘This permit may be suspended or cancelled at the discretion of the Harbour Master.

Dredging must be completed within two years from the date of the approval, Lf dredging is not
completed, you will nced additional or amonded comments from: the Regional Harbour Master,

Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met,

The above conditions must be included in your application to the assessment manager.

A copy of this letter has been forwarded to the Environmental Protection Agericy

«

Yours sincerely

 

Marltime Safety Queensiand / Page 2of2

Page 10

Extract from the Integrated Planning Act 1997

Division 8—Appeals to court relating to development applications
Appeals by applicants

4.1.27 (1) An applicant for a development application may appeal to the court against any of the following -

(a) the refusal, or the refusal in part, of a development application;

(b) a matter stated in a development approval, including any condition applying to the
development, and the identification of a code under section 3.1.6;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the
“applicant’s appeal period”) after the day the decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters
4.1.28 (1) Asubmitter for a development application may appeal to the court about -

(a) the giving of a development approval, including any conditions (or lack of conditions) or other
provisions of the approval; or
(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the
day the decision notice or negotiated decision notice is given to the submitter.

(3) If a person withdraws a submission before the application is decided, the person may not appeal
the decision.

(4) If an application involves both impact assessment and code assessment, appeal rights for
submitters are available only for the part of the application involving impact assessment.

Appeals by advice agency submitters

4.1.29 (1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a
development approval for a development application if -

(a) the development application involves impact assessment; and
(b) the advice agency told the applicant and the assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business days after the day the decision notice or
negotiated notice is given to the advice agency as a submitter.

Appeals for matters arising after approval given (co-respondents)

4.1.30 (1) For a development approval given for a development application, a person to whom any of the
following notices have been given may appeal to the court against the decision in the notice -

(a) a notice giving a decision on a request for an extension of the currency period for an approval;
(b) a notice giving a decision on a request to make a minor change to an approval.

(2) The appeal must be started within 20 business days after the day the notice of the decision is
given to the person.

(3) Subsection (1)(a) does not apply if the approval resulted from a development application
(superseded planning scheme) that was assessed as if it were an application made under a
superseded planning scheme. ,

Page 11

(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making
the decision.

(2) An appeal against a tribunal’s decision must be started within 20 business days after the day
notice of the tribunal’s decision is given to the party.

Court may remit matter to tribunal

4.1.38: If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the
matter should be dealt with by a tribunal, the court must remit the matter to the tribunal for
decision.

Division 10 - Making an appeal to court
How appeals to the court are started

4.1.39 (1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the
appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with
subsection (3).

Certain appellants must obtain information about submitters

4.1.40 (1) If the applicant or a submitter for a development application appeals about the part of the
application involving impact assessment, the appellant must ask the assessment manager to give
the appellant the name and address of each principal submitter who made a properly made
submission about the application and has not withdrawn the submission.

(2) The assessment manager must give the information requested under subsection (1) as soon as
practicable.

Notice of appeal to other parties (div 8)

4.1.41 (1) An appellant under division 8 must, within 10 business days after the day the appeal is started (or
if information is requested under section 4.1.40, within 10 business days after the day the
appellant is given the information) give written notice of the appeal to -

(a) if the appellant is an applicant - the assessment manager, any concurrence agency, any
principal submitter whose submission has not been withdrawn and any advice agency treated
as a submitter whose submission has not been withdrawn; or

(b) if the appellant is a submitter or an advice agency whose response to the development
application is treated as a submission for an appeal - the assessment manager, the applicant
and any concurrence agency; or

(c) if the appellant is a person to whom a notice mentioned in section 4.1.30 has been given - the
assessment manager and any entity that was a concurrence agency for the development
application.

(2) The notice must state -

(a) the grounds of the appeal; and

(b) if the person given the notice is not the respondent or a co-respondent under section 4.1.43 -
that the person, within 10 business days after the day the notice is given, may elect to
become a co-respondent to the appeal.

Notice of appeal to other parties (div 9)

4.1.42 (1) An appellant under division 9 must, within 10 business days after the day the appeal is started
give written notice of the appeal to - :

(a) if the appellant is a person to whom a notice mentioned in section 4.1 .31 has been given -
the entity that gave the notice; or
(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the

notice and if the entity is not the local government, the local government; or