IC0312NAM0023_SC14262_120405_Signed RAR_GMc · MCU12/0023

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                                                                                                               Notice
                                                      Concurrence and Advice Agency Response

         2.1    Contaminated Land
                (Sustainable Planning Regulation 2009 – Schedule 7, table 3, item 11)
                – Conditions must attach to any development approval, and those conditions are attached to this
                  Notice.
3.       The Chief Executive, Department of Environment and Resource Management (DERM), advice agency
         response for the advice agency referral jurisdiction for the aspect of development involved with the
         application the subject of this Notice is to recommend to the assessment manager as follows:
         3.1    Land in or near a Wetland
                (Sustainable Planning Regulation 2009 – Schedule 7, table 3, item 21)
                –      The advice agency has provided recommendations to the Assessment Manager and those
                       recommendations are attached to this Notice.
         3.2   Land in or near a Conservation Estate
               (Sustainable Planning Regulation 2009 – Schedule 7, table 3, item 22)
                –      The advice agency has provided recommendations to the Assessment Manager and those
                       recommendations are attached to this Notice.
         3.3   Land in or near a Conservation Estate
               (Sustainable Planning Regulation 2009 – Schedule 7, table 2, item 45)
                –      The advice agency has provided recommendations to the Assessment Manager and those
                       recommendations are attached to this Notice.
4.       General advice to assessment manager
         Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
         issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
         application at PO Box 573, Nambour QLD 4560.
         The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues
         for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for
         the relevant application has not provided notification to native title parties.


5.       Additional information for applicants
         Contaminated Land
         It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land
         becomes aware a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental
         Protection Act 1994) is being carried out on the land, or that the land has been, or is being,
         contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after
         becoming so aware, give written notice to the Department of Environment and Resource Management.
         Aboriginal Cultural Heritage Act 2003
         DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
         applicants under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to
         include this information as an Advisory Note on the Decision Notice issued for the application.
         Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must
         take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural
         heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are
         $1,000,000 for a corporation and $100,000 for an individual.
         Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
         accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
         Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party

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                                                                                                          Notice
                                                    Concurrence and Advice Agency Response

         for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural
         Heritage Act 2003.
         Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
         the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit,
         DERM. Application forms to undertake a free search of the Cultural Heritage Register and the Database
         may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the
         DERM website www.derm.qld.gov.au/cultural_heritage



Delegate                                                Enquiries:
                                                        Gloriamarie McIntosh
                                                        Department of Environment and Resource Management
                                                        Centenary Square Building,
                                                        Currie Street, Nambour. QLD 4560
                                                        PO Box 573, Nambour. QLD 4560

Dale Bell                                               Telephone    + 61 7 5451 2287
Senior Planning Officer (Wide Bay Burnett)              Facsimile    + 61 7 5451 2260
Regional Planning and Coordination                      Email        [email protected]
Planning and Assessment – SEQ                           Website      www.derm.qld.gov.au

05 April 2012


Attachment
                  –    DERM Concurrence Referral Agency Response (Contaminated Land)
                  –    DERM Advice Referral Agency Response (Wetlands & Conservation Estate)




Page 3 of 3 • 091217                                             Department of Environment and Resource Management

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Department of Environment
and Resource Management

Sustainable Planning Act 2009

DERM Permit ' number: SPCL03954612

 

 

Assessment manager reference: MCU 12/0023

Date application received: 14 March 2012

Permit type: Concurrence Agency Response

Date of decision: 30 March 2012

Decision: For a concurrence agency response -

conditions must attach to any development approval

Relevant laws and policies: Environmental Protection Act 1994
Sustainable Planning Act 2009

Jurisdiction(s): Material change of use - Contamination of land by unexploded
ordnance (UXO) - Sustainable Planning Regulation 2009 -
Schedule 7, table 3, item 11

 

 

 

Development Description(s)

 

Property/Location Development

 

215 David Low Way, Lot 77 SP231615 | Material change of use
Peregian Beach

 

 

 

 

 

Reason(s) for inclusion of conditions

In accordance with section 289 of the Sustainable Planning Act 2009 and section 27B of the Acts Interpretation
Act 1954, the reason(s) for inclusion of conditions stated in this permit required by the concurrence agency
response for the application are as follows:

UXO is considered a contaminant under Section 11 of the Environmental Protection Act 1994 (EP Act).

* Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.

 

Page 1 of 4+ 091217

Department of Environment and Resource Management & Queensland Government
www.derm.qid.gov.au ABN 46 640 294 485

Page 5

DERM Permit number: SPCL03954612

 

The site (the subject lot/s) is located within an area of land on which the Department of Defence (Defence) has
assessed a ‘substantial’ risk of residual UXO contamination exists. Visit the Defence website
http:/Awww.defence.gov.au/uxo/ for details.

Defence advises that development or land use rezoning proposals for land within a ‘substantial’ zone should only
proceed following the conduct of UXO investigation and clearance activities. Defence maintains a list of
commercial UXO investigation and remedial search contractors that it accredits to carry out this work.

Defence also recommends that owners or occupiers of potentially affected land and workers and contractors
employed on the land need to be aware of the procedure if a suspect object is found.

Meanwhile, the Department of Environment and Resource Management (DERM) has issued an assessment of
a report from a Defence-accredited UXO investigation/remediation contractor, Milsearch Pty Ltd, regarding UXO
clearance work that Milsearch completed on the site in 2010.

DERM considers that most of Lot 77 SP231615 is unlikely to be affected. However, remedial searching by a
Defence-accredited UXO contractor of the western portion of the site (delineated by a yellow boundary and
described as “Inaccessible Area” on the enclosed image of the site, titled “Peregian Beach Caravan Park”) and
all development work on the balance of the site will need to accord with the requirements of DERM’s
BNE36717- “Assessment of a Preliminary Report Concerning the Potential Contamination of Land by
Unexploded Ordnance (UXO)” - dated 11 June 2010 (and forwarded to both Milsearch Pty Ltd and Sunshine
Coast Regional Council on or about that date). The essential elements of those requirements are reflected in
the attached conditions.

Delegate—____—_~

Ranald Scott

Delegate, Chief Executive administering the
Sustainable Planning Act 2009

Department of Environment and Resource Management

30 March 2012

Enc

 

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DERM Permit number: SPCL03954612

 

CONDITIONS

The following concurrence agency conditions are to be attached to any approval:

1 Prior to the commencement of any development-related excavation, earthworks or other disturbance of
land on the western portion of Lot 77 SP231615 that was not assessed by DERM in June 2010 as being
unlikely to be affected by UXO (DERM's BNE36717- “Assessment of a Preliminary Report Concerning
the Potential Contamination of Land by Unexploded Ordnance (UXO)” - dated 11 June 2010 refers),
that portion is to be subjected to appropriate investigation and any necessary remedial action.

2 Any person employed to work on any part of the above-mentioned portion of Lot 77 SP231615 where
Condition 1 has not been satisfied, or on any part of the balance portion of the lot, is to be forewarned in
writing by the applicant.

This warning is to explain that information available to DERM indicates a slight potential for residual
UXO may still exist on the site and work should proceed with due caution. It is to state the procedure to
be followed by any person finding an object suspected of being UXO or component thereof:

Do not disturb the object.

Take action, where appropriate, to prevent it being disturbed by another person.
Note its approximate dimensions and general appearance.

Note the route to its location.

Advise the Police as soon as possible.

3 The applicant is to notify DERM of any UXO or component of explosive ordnance found on the site as
soon as possible after such an object is discovered.

4 Following action taken to satisfy Condition 1 above, the applicant is to submit a report, prepared in
accordance with current guidelines, to DERM for assessment. DERM is to subsequently advise the
Sunshine Coast Regional Council and the applicant of its assessment in regard to Condition 1 being
satisfied.

5 At the completion of all development-related excavation, earthworks or soil disturbance on the balance
portion of the lot, a written statement, signed by the principal contractor, is to be provided by the developer
to DERM advising of any evidence of UXO or lack thereof and the extent of earthworks conducted. DERM
is to subsequently advise the Sunshine Coast Regional Council and the applicant of its final
assessment in regard to UXO risk on this portion.

6 The applicant is to advise the owner and any occupier of the site of the above responsibilities.

Standard comments or advice about applications concerning land potentially affected by UXO

Applicants may visit Defence’s website http:/Avww.defence.gov.au/uxo/ or DERM's website
http://;www.derm.qid.gov.au/ for the details of current UXO investigation and remedial search contractors. DERM
accepts reports based on investigative and remedial work carried out by these contractors.

Investigation and remedial action to satisfy Condition 1 typically involves sampling/search programs with
detection equipment unless the use of such equipment is:

¢ considered unwarranted by a UXO contractor due to the extent of any prior excavation or earthworks
or, conversely, of any filling proposed as part of the development program; or

e prevented or made impracticable by the presence of a structure, stockpile, natural barrier or metal
waste.

In the latter case, alternative action may be appropriate to minimise the risk in the first instance. For example,
where the risk of exposure to any UXO that may exist is reduced by the presence of a structure or natural

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DERM Permit number: SPCL03954612

 

barrier, issuance of the standard UXO warning (see Condition 2) may suffice while the structure, stockpile or
barrier remains in place. Where a structure is to be removed or reduced as part of the development program,
protective precautions, commensurate with any greater risk to which workers might then be exposed, may need
to be considered. Progressive assessment will be necessary where such circumstances exist. Unless, at the
completion of preliminary works, there is evidence then available to the UXO contractor that any residual risk is
negligible, the use of detection equipment will typically be required to confirm the site’s status.

Where investigation, along with any subsequent remedial action and assessment, is to be implemented by
stages to satisfy Conditions 1 and 4, a preliminary investigation report should be submitted by the applicant to
DERM along with a management plan for the proposed work. Staged investigation/remediation is most likely to
be applicable where development of smaller, built-on lots (which can present circumstances such as those
discussed above) or broadhectare sites is proposed. In such cases, DERM's assessment of the report and advice
to Council in regard to approval of the development will be dependent on agreement with the management plan.

Where Condition 1 is to be satisfied by a whole lot or broadhectare development stage being subjected to
investigation and any necessary remedial action, DERM, based on the subsequent investigation/remediation
report's findings and recommendation/s, may reassess the lot, or that portion comprising the development stage,
as being remediated or not needing remediation, and advise the applicant and Council accordingly. Otherwise, any
balance of land that has not been further investigated will retain the risk assessment made by Defence and
DERM's Area Management Advice will continue to apply. This is unless evidence obtained from the investigated
part/s can be used to refute Defence’s assessment in regard to all or part of the balance. In the latter case, DERM
may reassess all of the balance or the applicable part/s as being unaffected by UXO.

Enquiries:
Ranald Scott, Project Manager (UXO) — Department of Environment and Resource Management
Ph: (07) 5459 6129 Fax: (07) 5459 6190 email: [email protected]

END OF CONDITIONS

 

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                                                                                              Sustainable Planning Act 2009


                                                            DERM Permit 1 number:                                IC0312NAM0023


    Assessment manager reference:                       GC:KRM:MCU12/0023

    Date application received:                          14 March 2012

    Date of decision:                                   5 April 2012

    Decision:                                           For an advice agency response
                                                        recommendations that must attach to any development approval

    Relevant laws and policies:                         Coastal Protection and Management Act 1995,
                                                        Environmental Protection Act 1994,
                                                        Nature Conservation Act 1992,

    Jurisdiction(s):                                    – Material change of use - Land in or near a wetland (Sustainable
                                                          Planning Regulation 2009 - Schedule 7, table 3, item 21)
                                                        – Material change of use - Land in or near a conservation estate
                                                          (Sustainable Planning Regulation 2009 - Schedule 7, table 3,
                                                          item 22)
                                                        – Material change of use - Land in or near a conservation estate
                                                          (Sustainable Planning Regulation 2009 - Schedule 7, table 2,
                                                          item 45)

Development Description(s)


                    Property/Location                                                           Development

    215A-219 David Low Way               Lots 77 on                 Material change of use of premises (Visitor
    Peregian Beach                       SP231615                   accommodation Type: 4 Convention (to include Juliette
                                                                    Balconies) and extension to entertainment & dining
                                                                    business Type:1 Food & beverages (to include outdoor
                                                                    dining) for land in or near a wetland or conservation
                                                                    estate


Recommendation
The Chief Executive, Department of Environment and Resource Management (DERM), makes the following
recommendation to the assessment manager:

1
  Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.



Page 1 of 4 • 091217
Department of Environment and Resource Management
www.derm.qld.gov.au ABN 46 640 294 485

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                                                          DERM Permit number: IA0212NAM0003



Wetland:
The Assessment Manager should consider the potential impacts of the proposed development on wetland
values, including the water quality, natural hydrological flows and ecological functioning of the wetland.
Development should meet the following outcomes:
    Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
     the functioning and integrity of a wetland from development are avoided. A report prepared and certified by
     an appropriately qualified professional may assist the Assessment Manager to consider the impacts of the
     development on the ecological values and functioning of the wetland. If adverse impacts are unavoidable,
     the Assessment Manager is encouraged to ensure that the values lost are offset in order to achieve an
     environmental outcome equal or better than the wetland values that are impacted.
     Where a wetland management area is mapped as a ‘significant coastal wetland’ under a Regional Coastal
     Management Plan it should be assessed against the policy for areas of state significance (natural
     resources). An Implementation Guideline should be consulted:
     http://www.derm.qld.gov.au/services_resources/item_details.php?item_id=202304&topic_id=54.
     For areas where a regional coastal management plan does not exist, where the wetland management area
     is also defined as a ‘significant coastal wetland’ under the State Coastal Management Plan – Queensland’s
     Coastal Policy 2001 (SCMP), any approval is consistent with SCMP policy 2.8.1, Areas of state significance
     (natural resources).
    Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained
     and managed to protect the environmental values of the wetland, and to ensure that the water quality
     objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved.
    Maintain wetland water regime. The existing water regime (including surface and groundwater) within and
     linked to the wetland is maintained and managed to protect existing natural hydrological processes within
     the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland,
     and retaining and allowing for regeneration of native vegetation.
To ensure that the proposed development is able to meet the above outcomes, the Assessment Manager is
encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:
        a support area adjacent to the wetland that maintains and supports the environmental values of the
         wetland; and
        a separation area around the support area that protects the wetland from external threats such as
         sediment and nutrient discharge from surrounding landuse.


Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity and
to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following buffer
widths are accepted by DERM as precautionary buffer widths likley to absorb impacts from external uses.
         within urban areas, a minimum 50m buffer to wetland
         outside of urban areas a minimum 200m buffer to wetland
         for ‘significant coastal wetlands’, a buffer width of 200m to wetland
Where required, revegetation of the buffer is recommended using native species representative of the pre-
clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance
where possible. A rehabilitation / revegetation management plan including weed management strategies may
assist in determining the rehabilitiation requirements for the development. Conditioning of any approval with
building or development envelope(s) may also be a useful way to give formal effect to any required buffer area.



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                                                                DERM Permit number: IA0212NAM0003

The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan to
demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and
operational phases of development) will be effectively managed to prevent adverse impacts on wetland values.
Potential impacts are to be addressed through water sensitive urban design including compliance with South
East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design –
design objectives for urban stormwater management. For areas outside of the South-east Queensland Regional
Plan area any approval should recognise the requirements of the the Draft Urban Stormwater – Queensland
Best Practice Environmental Management Guidelines 2009 2 .


Conservation Estate:
The Assessment Manager should consider the potential impacts of the proposed development on both the
habitats and environmental values contained within the conservation estate, as well as to the management
intent of the conservation estate. Development should ensure the following outcomes:
        Maintain habitat and biodiversity values: development avoids or minimises and mitigates adverse
         impacts on the functioning and integrity of habitats and environmental values contained within the
         conservation estate
        Development demonstrates there will be no adverse impacts on the ecological values and
         functioning of the conservation estate. An ecological report prepared by a suitably qualified professional
         may be one way that the Assessment Manager may choose to assess this outcome.
        Development maintains, conserves and enhances the current extent and connectivity within and
         between conservation estate areas
        Development does not compromise the management intent of the conservation estate.


The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works
including access tracks and roads and the conservation estate boundary in order to maintain the ecological
functioning and integrity of the conservation estate. Buffer distances should be maximised in order to maintain
existing biodiversity values, habitat connectivity and to avoid edge effects. The buffer may also assist in
ensuring that stormwater, wastewater, dust and erosion from the development site can be appropriately
managed to avoid adverse impacts on the conservation estate. A stormwater and wastewater management plan
may be one way the assessment manager may choose to ensure off-site impacts of development are
ameliorated. Revegetation of buffer zones using native species representative of the pre-clearing regional
ecosystem is recommended.
Establishing building or development envelope(s) may also be a useful way to give formal effect to any required
buffer area.
Neighbours to the conservation estate have a responsibility to keep dwellings and other infrastructure near
Queensland Parks and Wildlife Service (QPWS) managed lands in a condition that minimises fire risk to
themselves and their property as well as the protected estate and to appropriately ameliorate light and noise
issues. Consultation with QPWS officers is recommended to ensure management objectives of the conservation
estate including fire management, emergency services access and pest controls are met. A QPWS ‘Good
Neighbour Policy’ may be of assistance and is available on the web at:
http://www.derm.qld.gov.au/register/p01658aa.pdf




2
  The Draft Urban Stormwater –Queensland Best Practice Environmental Management Guidelines 2009, is available at:
http://www.derm.qld.gov.au/environmental_management/water/environmental_values_environmental_protection_water_policy/draft_urban_
stormwater_qbpem_guideline_2009.html


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                                             DERM Permit number: IA0212NAM0003

Delegate                                     Enquiries:
                                             Gloriamarie McIntosh
                                             Department of Environment and Resource Management
                                             Centenary Square Building,
                                             Currie Street, Nambour. QLD 4560
                                             PO Box 573, Nambour. QLD 4560

Dale Bell                                    Telephone   + 61 7 5451 2287
Senior Planning Officer (Wide Bay Burnett)   Facsimile   + 61 7 5451 2260
Regional Planning and Coordination           Email       [email protected]
Planning and Assessment – SEQ                Website     www.derm.qld.gov.au

05 April 2012




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