Sealed Judgement Neate 1219 of 2020 · MCU18/0015

      Rehabilitation
40.   The site must be rehabilitated in accordance with a detailed Rehabilitation Management Plan
      prepared (by a qualified person – Revegetation and Regeneration specialist*) to the
      satisfaction of the Chief Executive Officer. The works must be undertaken in accordance with
      an Operational Works approval.
      *(Refer to Advisory Note)
41.   The Rehabilitation Management Plan must include, at a minimum:
      a.   removal of all weed species, including declared plants under the Biosecurity Act 2014
           and sub-ordinate Regulation 2003 and the Noosa Local Government Area Pest
           Management Plan 2015-2019;
      b.   re-planting of a minimum of 96 koala trees in accordance with the Approved Plans,
           being the Arbor Australia report dated 25 July 2024 and Koala Tree Planting (v3.0)
           dated 26 June 2025;
      c.   planting to a high density a suitable suite of native ground-cover and midstorey species;
      d.   identification of actions to enhance fauna resources (e.g. logs and nest boxes);
      e.   details of rehabilitation staging, monitoring, maintenance and corrective measures;
           and
      f.   a requirement that the rehabilitation activities, including weeding and planting, be
           commenced prior to earthworks/vegetation clearing on the site.
      These works must be undertaken by a qualified person (Revegetation and Regeneration
      specialist)*.
      *(Refer to Advisory Note)
      Covenant
42.   A vegetation protection covenant must be registered against the title of proposed Lot 1 for
      the land area of approximately 12,631m2 identified as the ‘Proposed Vegetation Protection
      Covenant Area’ 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. include Noosa Shire Council as Covenantee;
      b. be in the approved Form 31 and Form 20, with the Form 20 to be generally in the same
         terms as Attachment A unless variations are approved in writing by the Chief Executive
         Officer of Council; and
      c. specify that no fencing or pathways are permitted in the covenant area, other than:
           i.    fencing of the boundaries of proposed Lot 1, which must:
                 A.    be of a fauna friendly design;
                 B.    be constructed of posts, linked by three to four strands of wire;
                 C.    not incorporate any barbed wire, mesh or other materials that may prevent
                       the movement of or cause damage to fauna;
                 D.    not involve the removal of any tree identified for retention in the Approved
                       Plans. Any clearing for the establishment and maintenance of the fence is
                       to be limited to 1 metre either side of the fence;
           ii.   a single path for management purposes, which must:
                 A.    have a width no greater than 1.0m;
                 B.    be constructed of low-impact materials, such as crushed granite;



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