NBN Planning Report_Cooran

Department of Natural Resources and Mines (DNRM), controls the rules and regulations that
guide what clearing can be done, and how it must be done to meet the requirements of the law.

Schedule 24, Part 1, 1(16) of the SPA, states that the clearing of native vegetation (identified on
Regulated Vegetation Management Map) is not assessable under Schedule 3, Part 1, Table 4 Item
1 if it is clearing vegetation for community infrastructure mentioned in Schedule 2. Part 2, Item 3
of Schedule 2 lists communication network facilities (such as NBN Co. structures) to be community
infrastructure.

Notwithstanding this, the proposed development will not require vegetation clearing for the
installation of the NBN compound.


6.4       State Legislation – Nature Conservation Act 1992
The Nature Conservation Act 1992 (NC Act) provides for the conservation and management of
nature through two mechanisms:

 •      the declaration and management of protected areas; and
 •      the protection of native wildlife that is not found within a protected area.

The NC Act provides for orders to conserve, protect or manage wildlife, habitat or areas subject to
a threatening process likely to have a significant detrimental effect.

Part 3 of the Nature Conservation (Wildlife Management) Regulation 2006 outlines exemptions
which apply to the clearing of protected plants. The clearing of ‘least concern’ species are exempt
under the NC Act. However, the clearing of Endangered, Vulnerable or Near Threatened (EVNT)
species will require a clearing permit. Areas identified at ‘high risk’ of containing EVNT species
require a pre-clearing flora survey prior to confirming requirements under the NC Act (as per
Section 265 of the Nature Conservation (Wildlife Management) Regulation 2006).

The south-western section of the site is mapped as ‘high risk’ under the Protected Plants Flora
Survey Trigger Map. The proposed location of the NBN compound, near the south-eastern
property boundary, falls outside of this mapped area. Notwithstanding this, the proposed
development does not require vegetation clearing for the installation of the NBN compound.


6.5       Local Government Regulatory Framework
6.5.1     Planning Scheme Use Definition

The proposed development is defined within the Noosa Plan 2009 (the Noosa Plan) as follows:

     • Primary Use: ‘Infrastructure Uses’
     • Use Class: ‘Service and utility’
     • Use: ‘Type 3 Tower’




NBN-4BBZ-4GYM-5132-Schreibers                                                          Page 27