APPROVED Decision Notice OPW17/0016

Officer:	Mark Lewis
Direct Telephone:	53296290
Our Reference:	OPW17/0016
Your Reference:	OPW17/0016

18 May 2017

Noosa Council
9 Pelican St
TEWANTIN  QLD  4565

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 18 May 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW17/0016
Street Address:	15 sites within the intertidal zone of the Noosa River (Recorded in Council’s property system - Noosa Woods Park & Public Toilets Claude Batten Dr Noosa Heads)
Real Property Description:	(Recorded in Council’s property system - Lot 114 MCH 839107)
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
The following type of approval has been issued:
Development Permit for Operational Works - Prescribed Tidal Works (Oyster Reef Restoration Units) for 15 sites within the intertidal zone of the Noosa River
Relevant period of approval
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
2016.0028-001	A	Site Location prepared by International Coastal Management	20 October 2016
2016.0028-002	A	Plan Layout Site 1-12 prepared by International Coastal Management	20 October 2016
2016.0028-003	A	Plan Layout Site 13-16 prepared by International Coastal Management	20 October 2016
2016.0028-004	A	Site 1 prepared by International Coastal Management	20 October 2016
2016.0028-005	A	Site 2 prepared by International Coastal Management	20 October 2016
2016.0028-006	A	Site 3 prepared by International Coastal Management	20 October 2016
2016.0028-007	A	Site 4 prepared by International Coastal Management	20 October 2016
2016.0028-008	A	Site 5 prepared by International Coastal Management	20 October 2016
2016.0028-009	A	Site 6 prepared by International Coastal Management	20 October 2016
2016.0028-010	A	Site 7 prepared by International Coastal Management	20 October 2016
2016.0028-011	A	Site 8 prepared by International Coastal Management	20 October 2016
2016.0028-012	A	Site 9 prepared by International Coastal Management	20 October 2016
2016.0028-013	A	Site 10 prepared by International Coastal Management	20 October 2016
2016.0028-014	A	Site 11 prepared by International Coastal Management	20 October 2016
2016.0028-015	A	Site 12 prepared by International Coastal Management	20 October 2016
2016.0028-016	A	Site 13 prepared by International Coastal Management	20 October 2016
2016.0028-017	A	Site 14 prepared by International Coastal Management	20 October 2016
2016.0028-019	A	Site 16 prepared by International Coastal Management	20 October 2016
2016.0028-020	A	Detail prepared by International Coastal Management	20 October 2016
All equipment and structures associated with the works must be located in accordance with the approved plans.
Safe access in the vicinity of the works must be maintained at all times.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA) 1994 and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland must be submitted to Council at the completion of the works. The certification must state that the works have been constructed in accordance with best practice methods, are in accordance with Coastal Protection and Management Act 1995
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Level 8 Mike Ahern Centre 12 First Avenue Maroochydore Qld 4558 Email:[email protected]	Schedule 7, Table 2, Item 13, 15 and 26 - Tidal Works or Development in a Coastal Management District	The agency provided its response on 15 March 2017 (Reference No. SDA-0117-036529).  A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Kerri Coyle
Manager, Planning & Environment

cc	Unitywater
SARA at DSDIP
Level 8
Mike Ahern Centre
12 First Avenue
Email:[email protected]

Enc:	Referral Agency Response
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(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 the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be 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.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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