Owner's Consent - both DES and DNRME · OPW19/0227

Notice
Decision — owner's consent

Decision Number SP0C10047919

 

 

Owner's consent can be used to support a development

THIS DECISION IS CURRENT FOR 12 application until 10 October 2020. Should the development
MONTHS application not be lodged with the assessment manager prior to
this date, you will be required to lodge a further request for
owner's consent.

 

 

 

 

Reason for not applying standard conditions

¢ The Department of Environment and Science (DES) has determined that an unlawful revetment is located on the
property boundary adjacent to tidal waters. Note that DES only provides owner’s consent for private marine
development. Owner's consent must be sought separately for the revetment from the Department of Natural
Resources, Mines and Energy (ONRME). The subsequent development application should then be lodged to
include both of these tidal work structures. DES therefore requires assessment at the development application
stage to ensure this requirement is met and all structures are appropriately legalised.

Although owner's consent to the development application has been provided and no tenure under the Land Act 1994 is
required, works can only commence when the development application has been approved by the assessment manager,
and in accordance with the conditions of that approval.

The provision of owner's consent over State land means that the State has no objection to the lodgement of the application
for a development approval. It does not: ,

* — imply approval of the development application; or
e authorise a right to use and occupy land.

The State may act at a later date as assessment manager, concurrence/referral agency, or technical agency in the
assessment of the development application — providing owner's consent will not influence any statutory role the State may
have in this assessment.

If the development application involves a State resource in addition to State land, then the allocation or entitlement to use
the State resource is a separate process and should be obtained prior to development commencing.

You will also need to comply with all other legislative and regulatory requirements which may include approvals that are not
part of the assessment of the development application under the Planning Act 2016 e.g. a marine park permit if in a marine
park.

A copy of this notice is to be attached to your Development application Form 1 as the required evidence of owner's consent.

 

Page 2 of 3 * ESR/2015/1607 + Version 5.00 + Effective: 03 JUL 2017 Department of Environment and Science