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Town Planning Report - Expansion to Noosa Landfill
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Other Change Application
for existing
Noosa Landfill
(Waste Disposal & Recycling Facility)
(Utility Installation)
at
561 Eumundi Noosa Road, Doonan
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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Document Control
Project: Change application - “other change” to current development
approval for a material or change of use for the existing Noosa
Landfill - Waste and Recycling Facility
Applicant: Noosa Council
Project Number: 22019
Status of Report: Final
Date: November 2023
Author:
Shane Adamson
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
The information contained in this document is confidential and intended solely for the use of the client
for the purpose for which it has been prepared and no representation is made or is to be implied as
being made to any third party. Use or copying of this document in whole or in part without the written
permission of Adamson Town Planning Pty Ltd constitutes an infringement of copyright. The intellectual
property contained in this document remains the property of Adamson Town Planning Pty Ltd.
In preparing this report it is assumed that all information and documents provided by the client are
correct and accurate. Where information has been obtained from another source, it is assumed that the
information is accurate where relied upon.
This report is presented without the assumption of a duty of care to any other person (other than the
Client). The report may not be relied on by a Third Party. Adamson Town Planning Pty Ltd will not be
liable to a Third Party for any loss, damage, liability, or claim arising out of or incidental to a Third Party
and publishing, using, or relying on the facts, content, opinions, or subject matter contained in this
report.
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TABLE OF CONTENTS
DEVELOPMENT SUMMARY................................................................................................................... 5
EXECUTIVE SUMMARY .......................................................................................................................... 6
INTRODUCTION ..................................................................................................................................... 9
APPLICATION BACKGROUND .............................................................................................................. 9
SUBJECT SITE ....................................................................................................................................... 10
APPROVAL BACKGROUND ................................................................................................................. 11
DEVELOPMENT PROPOSAL................................................................................................................. 13
NEED ..................................................................................................................................................... 14
PLANNING ACT 2016 .......................................................................................................................... 16
STATE POLICY ASSESSMENT .............................................................................................................. 17
SOUTH EAST QUEENSLAND REGIONAL PLAN............................................................................................... 17
STATE PLANNING POLICY 2017................................................................................................................ 17
PLANNING REGULATION 2017 ................................................................................................................. 19
NOOSA PLAN 2020 .............................................................................................................................. 20
ZONING AND TABLES OF ASSESSMENT ....................................................................................................... 20
OVERLAY CODES.................................................................................................................................... 23
Biodiversity Overlay Code ............................................................................................................. 24
Other Overlay Codes .................................................................................................................... 30
COMMUNITY FACILITIES ZONE CODE ......................................................................................................... 30
INFRASTRUCTURE ACTIVITIES CODE ........................................................................................................... 32
WORKS CODES ...................................................................................................................................... 34
CONDITIONS OF APPROVAL .............................................................................................................. 34
CONCLUSION ....................................................................................................................................... 35
Attachments:
Attachment 1A State Assessment Referral Agency – Prelodgement Minutes
Attachment 1B Relevant purpose determination for vegetation clearing
Attachment 2A Current Decision Notice and Approved Plan
Attachment 2B Referral Agency Response – Permit A
Attachment 2C Updated “generally in accordance with” request
Attachment 3 Regional Ecosystem Assessment – Lake MacDonald Catchment
Attachment 4 Master Plan
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Attachment 5A Flood Hazard Assessment
Attachment 5B Technical Memorandum – Flooding
Attachment 6 Stormwater Management Plan
Attachment 7A Impact Assessment Report MNES & MSES
Attachment 7B Flora and Fauna Assessment
Attachment 7C Flora and Fauna Assessment and Assessment of Impacts
Attachment 7D Impact Assessment and Management Plan
Attachment 8 Plan of Additional Environmental Offset Area
Appendices:
Appendix A • SDAP State Code 1 – Development in a state-controlled road
• SDAP State Code 16 – Native Vegetation Clearing
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Development Summary
Development Proposal Expansion of the Noosa Landfill – Waste and
Recycling Facility (Utility Installation),
including associated clearing.
Subject Land: 561 Eumundi Noosa Road, Doonan
Land Description: Lot 77 on SP298776
Land Area: 321.9 ha
Subject Land: about 1.0ha
Regional Plan: South East Queensland Regional Plan 2017 –
Regional Landscape and Rural Production
Area
Planning Scheme: Noosa Plan 2020 (the planning scheme)
Zoning: • Community Facilities (Utility Installation);
and
• Environmental Management and
Conservation
Local Area Plan: Not Applicable
Overlay Mapping: Within the land the following overlays apply:
• Acid Sulfate Soils – Above 5m AHD to
20m AHD (Area 2), in part;
• Biodiversity, Waterways and Wetlands –
Area of Biodiversity Significance, in part;
• Bushfire Hazard - High Potential Bushfire
Intensity, Medium Potential Bushfire
Intensity and Potential Impact Buffer, in
part
• Flood Hazard, in part; and
• Landslip Hazard, in part.
Level of Assessment: Code Assessment
Noosa Plan 2020: Most relevant provisions include:
• Community facilities zone code;
• Infrastructure activities code; and
Works Codes, including:
• Driveways and Parking Code;
• Earthworks Code; and
• Water Quality and Drainage Code
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Executive Summary
The proposal seeks to change the current development approval to allow for an expansion of
the existing landfill operation over a vegetated area of the site that is already bounded by the
landfill on three (3) sides. This land protrudes into the existing Resource Recovery Area (RRA)
and contains remanent vegetation.
The subject land has an area of about 1ha. When compared to the size of the existing landfill
facility and the amount of vegetated land remaining (Lot 77) as a whole, the proposed
expansion is over a relatively small portion (0.3% of Lot 77). It is also important that most of
the Lot 77 is included within the Community Facilities Zone (annotated Utility Installation),
which stems from superseded planning schemes and the 1997 Strategic Plan that designated
all this land for landfill. Consequently, despite the current environmental overlays and
designations, the land has been historically zoned and intended for landfill.
The key issues to be considered are summarised below:
• Community need - Council has the expectation and responsibility to provide an
adequate waste service for the shire. With the region is growing, so is the volume of
waste being produced. Expansion of the RRA is critical to provide sufficient space for
Council to meet waste deferral expectations and the communities need.
• Safety Improvements - Council has a duty of care to provide a safe work environment
for staff, contractors and the public using the landfill. Expansion of the RRA is critical
to offer sufficient space for Council to manage safety risks and provide a safe work
environment within the RRA.
• Environmental impacts - Council must operate the landfill under the Environmental
Authority (EA) permit (EPPR01855314) for the site. Council has a general environmental
duty and is obligated under the Environmental Protection Act 1994, to take all
reasonable measures to prevent environmental harm. Expansion of the RRA is critical
to enable the relocation and upgrade of the sites northern High Efficiency Sediment
(HES) Basin, so that Council can achieve compliance with the sites EA and the
Environmental Protection Act 1994.
To the extent there is any inconsistency with the planning scheme, this is minor and of a
technical nature only in the circumstances. Further, there is an overwhelming need for the
proposed expansion of the landfill for the following reasons:
• There is no other land within Lot 77 that can be used for this purpose in the
circumstances, given the location of the existing infrastructure.
• The operation of the existing landfill is to be aligned with the regional waste plan, with
the management of waste being a critical issue given the ever-increasing population
growth.
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• Local government is required to continuously promote and implement waste
avoidance, reduction and resource recovery actions to meet National waste standards,
and the proposed development forms an important component within that process.
• Without additional land to increase the RRA, the existing landfill operation will continue
to be restricted and not enable waste avoidance to the detriment of the environment
and the Noosa community more generally.
• The current size of the RRA is restricted, which is increasing the level of risk to staff,
contractors and the public, given heavy machinery is operated within a constrained
area.
• The Council has a significant duty of care to meet workplace health and safety
obligations to ensure that the landfill is operated in a safe manner, which needs to be
continuously reviewed and improved to meet current standards, and as result of
population growth.
• The general community is incurring additional costs associated with the onsite
management of the RRA area because of the increased safety issue, which currently
requires continuous and careful management.
• The expansion of the RRA will provide for better management of green waste over a
larger area to prevent self-combustion and reduce the risk of bushfire because a
greater amount of separation can be provided to the adjoining bushland.
• The proposed expansion of the RRA will allow for the relocation and enlargement of
the existing HES Basin, which will provide substantial environmental benefits in terms
of improved stormwater and water quality management; and
• The proposed HES Basin will also improve flood mitigation by having improved
resilience during major rainfall events, to further reduce the risk of causing serious
environmental harm to the adjoining low lying wetland areas.
The development will result in the removal of about 1 ha of remanent vegetation, which cannot
be avoided. The finger of vegetation to be removed protrudes into the existing landfill and is
suffering from the following impacts:
i) Historical clearing for access tracks/rural land uses;
ii) Modification of drainage lines;
iii) Adjacent industrial uses (landfill and depot) – litter incursion;
iv) Ongoing slashing and maintenance along two sides;
v) Presence of weed/non-native species including Singapore Daisy (Sphagneticola
trilobata), Camphor laurel (Cinnamomum camphora), Lantana (Lantana spp.), and
Setaria Grass (Setaria sphacelata); and
vi) Edge effects (increased light, wind, dust and noise) along three boundary lines.1
1 Noosa Landfill & RRC – Flora and Fauna Assessment, page 6
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The loss of this vegetation is to be offset elsewhere on the site comprising about 1.8ha, this
being nearly double the size of the subject land, and will not result in a significant residual
impact, subject to the proposed mitigation measures being implemented.
The extent of the vegetation loss needs to be considered in context with the amount of
vegetation within the land (Lot 77), despite being designated for landfill for many years. The
land (Lot 77) has a total area of about 322ha, most of the which forms part the Weyba Nature
Reserve and is to be protected in the long term.
While there is an increase in the scale of the use, given its nature, there is no increase in the
intensity. There will be no significant increase in traffic movements with no change to the
current access and egress from Eumundi Noosa Road.
In summary, there is a significant community and planning need for the proposed expansion
of the existing landfill, and the subject land is already suffering from edge effects because it
protrudes into the RRA. In the circumstances, the location of the new development is practical
and logical. The loss of vegetation is to be offset to the south of the site. The proposed
development represents a legitimate case where an environmental offset is warranted to
provide for the expansion of community infrastructure. Given the above, there will be no town
planning consequences arising from the proposed change.
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Introduction
The development application is for an “other change” to an existing development approval
(2005/638) for a material change of use for an expansion to the existing Waste Disposal and
Recycling Facility and associated vegetation clearing works, which provides for the existing
Noosa Landfill.
The land is located at 561 Eumundi Noosa Road, Doonan described as Lot 77 on SP298776.
The land is collectively comprised of several parcels that form Lot 77 (refer Figure 1). The land
area is approximately 321.9 ha collectively; however, the existing landfill area is much smaller
having an approximate area of about 49 ha. The change application relates to a smaller parcel
of land comprising about 1 ha located towards the northwest, which is vegetated.
Consequently, in that context, represents a relatively small expansion of the existing landfill.
The proposed change will provide for an expansion of the existing Resource Recovery Area
(RRA). This new area will provide for the relocation and expansion of the existing High
Efficiency Sediment (HES) Basin to improve water quality objectives and useability of this part
of the landfill site. This in turn provides for additional land to be used for resource recovery
for which there is a significant level of need to improve waste reduction and public safety.
While there is an increase in the scale of the waste disposal and recycling facility, there is no
increase in the intensity of the land use and therefore will not cause additional operational
impacts. When considering the location of the proposed expansion, the development
represents a logical and practical expansion of the existing RRA in response to an identified
community and planning need.
Application Background
A prelodgement meeting was held with the State Assessment Referral Agency (SARA) on 24
May 2022, with a copy of the prelodgement minutes provided as Attachment 1A. In
accordance with the advice received from SARA, the applicant has obtained a relevant purpose
determination under section 22A under the Vegetation Management Act 1999, which is
provided as Attachment 1B.
Given the application is for an “other change” it is to be assessed in accordance with section
82 of the Planning Act 2016. Consequently, the relevant provisions that apply as if … the change
application were the original development application, with the changes included, but was made
when the change application was made. Therefore the “other change” application is to be
assessed against the Noosa Plan 2020 but is to be considered in context with the existing
development approval2.
The application is subject to code assessment consistent with the assessment of the original
development application under the Noosa Plan 2006. Pursuant to section 82 of the Planning
2 Planning Act 2016, section 82(2)
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Act 2016 (PA2016) the relevant provisions that apply are the assessment benchmarks under
the Noosa Plan 2020.
Subject Site
The land is located at 561 Eumundi Noosa Road, Doonan and is described as Lot 77 on SP
298776 (Lot 77). The land comprises multiple allotments that collectively form Lot 77 and has
an area of approximately 322 ha.
The land is located on the eastern side of Eumundi-Noosa Road and has direct access and
egress to Eumundi-Noosa Road, which is to remain unchanged. The existing landfill is located
within the southwestern portion of the land, which abuts the unformed Rutch Road to the
southwest.
The majority of the land contains a significant amount of regulated vegetation. This land
extends northwards to Hollett Road, eastwards to Walter Hay Drive and further to Tidswell
Road. Further, extends towards the south on the southern side of the unformed Rutch Road
and further to the south of and abuts Emu Mountain Road (refer Figure 1A).
Proposed landfill expansion area.
Figure 1A – Aerial Photograph (Noosa Council – Interactive Mapping)
The landfill site itself is located towards the southwest of Lot 77 with vegetation retained along
the Eumundi Noosa Road frontage and adjoining the unformed Rutch Road. The existing
internal access road within the landfill is also partly located within Rutch Road.
The proposed expansion of the RRA is over an isolated area of land, generally having an oval
shape towards the north, which contains remanent vegetation, as shown in Figure 1B, below.
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Subject Land
Figure 1B – Aerial Photograph of subject land
The existing landfill has been shaped and falls away from the landfill cells that have been filled
overtime. Stormwater from the site falls to the internal overland stormwater drainage system,
which is directed towards the existing HES Basin, currently centrally located within the existing
RRA (refer Figures 1A & 1B).
The landfill site provides collectively for the landfill cells, resource recovery operational area,
customer interface, weighbridge and access and recoverables area. The site also contains the
Cleanaway Depot to the northwest and the “Reviva” recycling shop, generally centrally located.
Approval Background
The current development was approved as a landfill site in 2005 under a development permit
for a material change of use for an Expansion of Special Purpose (Waste Disposal and Recycling
Facility) and Ongoing Clearing Purposes (2005/ 638). A copy of the development approval is
provided as Attachment 2A. An extract of the approved plan is provided as Figure 2 below.
A “generally in accordance with” request was also issued on 29 June 2021, a copy of which is
provided as Attachment 2C.
The current development approval contains concurrence agency conditions from the
Department of Main Roads (DMR) and the Department of Natural Resources & Mines (DNRM)
as they were known at the time. In particular, the conditions imposed by the DNRM allowed
clearing of regulated vegetation in accordance with Permit A, which is reproduced as Figure
3, below.
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Figure 2 – Extract of Approved Plan (2005/0638)
Figure 3 – Extract of Permit A (Source: DNRM)
The conditions of approval including Permit A, allowed for the clearing of regulated vegetation
subject to an environmental offset being provided to allow for the proposed landfill (refer
condition 2.9 – Attachment 2A & 2B). The condition required an Offset Restoration Plan
providing for a minimum of 24 hectares of land within the area of properties provided in Table
1. Further, the restoration plan is to achieve 19ha of a remanent “Endangered” regional
ecosystem and a minimum of 5ha of remanent “Not of Concern” regional ecosystem within 20
years of the commencement of the use. Consequently, compliance with the environmental
offset is to be achieved by 2026 and at this stage is well advanced (discussed below).
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A Remnant Vegetation Restoration Plan, Lake Macdonald Catchment was approved by
Queensland Government Department of Natural Resources, Mines and Energy (NRME) on 19
January 2006, which detailed the processes and management required to restore a minimum
of 24ha of vegetation by 2026 consistent with condition with 2.9 (above). A copy of the
Vegetation Offset Restoration Plan for Lake Macdonald is provided with the report provided
by Native Foresters, dated 20 September 2022 (refer Attachment 3).
The Council has substantially progressed the Offset Restoration Plan with the rehabilitation of
land around Lake Macdonald to achieve the remnant status required, comprising a minimum
of 24ha of vegetation within the offset areas in terms of canopy height and cover, and species
composition by June 2026. This includes 19ha of “Endangered” listed Regional Ecosystems (RE)
12.3.1 and 5ha of “Of Concern” RE 12.3.2. The Council also intends to restore up to 11.1ha of
additional “Least Concern” RE 12.3.11. The required vegetation communities are summarised
in Table 1 of the report provided (refer Attachment 3).
The offset areas comprise 27 sites having a total land area of 39.1ha, which covers parts of the
20 allotments surrounding the upper sections of Lake Macdonald. This land was originally
under Noosa Council tenure; however, changes in the ownership of water assets mandated by
the State resulted in Lake Macdonald and the land containing the offset now being under SEQ
Water tenure.
SEQ Water is working in collaboration with Noosa Council to enable delivery of the
environmental offset and a request already made for as Property Map of Assessable
Vegetation (PMAV) over the land to voluntarily establish a Category A regulated vegetation -
a conservation offset. The application for a PMAV has been lodged with the Department of
Resources and it is understood that this has reached an advanced stage.
The PMAV will ensure the protection of the environmental offset area in the long term.
Changes are required to the current development approval to reflect the land to be offset,
including the land sought to be cleared for the expansion of the RRA.
Development Proposal
The applicant is seeking to change the current development approval to increase the size of
the RRA over a pinnacle of vegetated land comprising about 1 ha, which protrudes into the
existing land fill area as shown in Figure 3, above (refer Attachment 4). The land to be used
for the proposed expansion of the landfill is shown on the Master Plan (refer Figure 4).
The subject site (approximately 1.0 hectares) is situated to the north of the existing landfill and
adjoining the existing RRA and to the east of the Cleanaway Depot to the northwest. The
subject site adjoins a drainage line with remnant vegetation to the west and existing landfill
infrastructure to the east and south consisting of access tracks, mown grass pad areas, a
constructed HES Basin and a vegetated pond.
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Figure 4 – Extract of Master Plan
Under the Master Plan, the subject land will provide much needed land for the existing RRA
operation, by allowing for greater separation within the working area, which is accessed by the
general public to dump steel, concrete and vegetation amongst other materials into separate
and distinct areas. Heavy machinery is regularly used in this part of the site to push and
manage the waste, which is currently a high risk operation because of the restricted and limited
space. There is currently a real need to actively manage this part of the operation to reduce
the safety risk by using spotters at busy times, increasing the cost to the general community.
The works to be undertaken within the RRA will provide for the construction of a new HES
Basin and facilitate the removal/filling of the existing basin to provide a larger constructed
resource recovery pad area as shown in Figure 4. No other structures are proposed within the
subject area, including any buildings that might be subject to the exempt clearing provisions
under the Planning Regulation 2017.
Need
The applicant has identified that there is a real and pressing need to expand the existing landfill
site for many reasons, which are discussed below.
In terms of providing some context, an expansion to the existing landfill site occurred in about
2005 and occupies a portion of the land (Lot 77), this being about 49ha, with Lot 77 as a whole
having an overall area of 322ha. This land has always been intended for a community purpose;
however, it is acknowledged that most of the land has ecological value.
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Given most of the land is designated for landfill (utility installation), it must be reasonably
expected that the landfill operation would continue to expand to cater for the increased waste
generated and to reduce the reliance on landfilling. The expansion of operation necessarily
requires more land; however, where carefully managed and implemented the amount of land
needed can be minimised to reduce the environmental impacts.
It is also reasonably expected that more land might be required for other waste management
facilities and initiatives that could provide for a greater amount of waste reduction and other
benefits in the long term. This could include use of other sustainable resources generated by
waste such as menthane production along with the addition of solar power, providing
substantial environmental and cost saving benefits to the Noosa community. This could also
extend to the development of green industries that would have a direct association with the
waste facility and benefit from such resources in the future.
In terms of the need to expand the landfill, the following comments are provided:
• Regional waste problems – There are substantial benefits to be provided by the
development in terms of being better aligned with regional waste plans. Waste is an
increasing issue for the region and Queensland more generally. State and local
government waste plans promote waste avoidance, reduction, and resource recovery
actions. In this case there is a substantial need to expand the RRA area to continue to
develop and improve resource recovery operations to achieve and maintain National
targets. The current resource recovery component is currently constrained by space,
and this affects the ability to facilitate and enable waste avoidance, which is of key
importance to managing waste in the long term.
• Risk to public safety - The current RRA has limited space available for public and
commercial operations to safely separate and dispose of recyclables. The RRA involves
the direct access by the public to the various recyclable/material locations, with heavy
machinery also operating in these locations. There is currently a high level of risk
associated with this part of the operation, which has been identified as a work place
health and safety issue. Council is currently intermediately managing the operation on
this part of the site, with the use of staff as spotters to reduce the level of risk associated
with the operation of heavy machinery during busy periods. The expansion of the RRA
will provide the necessary space and separation to mitigate this safety risk to an
acceptable level.
• Fire risk, green waste stockpiling and separation - Fires associated with landfill sites
pose a significant risk to the operation, the environment and emergency services.
Council is acutely aware of the fire risk in this location, with the surrounding vegetation
having a medium and high fire risk designation under the planning scheme. The limited
space of the RRA has increased the difficulty of maintaining safe offsets between
mulch/green waste stockpiles and the surrounding vegetation. This is particularly the
case for green waste, which can spontaneously combust if not properly managed.
Incorrectly managed mulch stockpiles because of reduced space could place the site
and the surrounding environment at increased risk from fire.
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• Improved environmental compliance and flood resilience – The existing HES Basin
is smaller and generally centrally located within the RAA towards the west. The
expansion of the RRA provides for an enlarged HES Basin to be constructed and
relocated to provide a more efficient operational space. With increased operations and
more frequent severe weather events, it is vital that the landfill infrastructure is resilient
to handle major events and minimise the risk of downstream environmental impacts.
The additional space is required to improve the water quality management on the site
to prevent environmental harm. Furthermore, the proposed location for the new basin
will also improve flood resilience for the landfill site, which is highly desirable.
In summary, it is suggested there is a significant need for the proposed development. This is
because the expansion will help maintain recovery operations to meet National standards,
reduce current safety concerns, reduce the current fire risk and allow for proper management
of green waste and improve environmental compliance and flood resilience.
Planning Act 2016
Under the Noosa Plan 2020 (the planning scheme) the proposed use is defined as a Utility
installation which means premises for –
a) a service for supplying or treating water, hydraulic power or gas; or a sewerage, drainage
or stormwater service; or a
b) transport service; or
c) a waste management service; or
d) a maintenance depot, storage depot or other facility for a service stated in paragraphs
(a) to (d).
The current approval was granted under the 1985 Schedule to the Planning Scheme, which
predated the Noosa Plan 2006, and provided for an Expansion of Special Purpose (Waste
Disposal & Recycling Facility) & Ongoing Clearing Purposes, which is reflective of the Special
Uses Zone applying at that time. Consequently, the use of the site as a Utility installation is
consistent with the current approval.
Under the planning scheme, the subject land is included within the Community Facilities Zone
(annotated utility installation) and a utility installation is subject to code assessment. It is noted
the original application was also subject to code assessment under the superseded planning
scheme.
The application is to be assessed under section 82 of the PA2016 and is to be considered in
context with the current development approval. The relevant provisions that apply are those
as if the change application were the original development application, with the changes
included, but made when the change application is made (section 82(2)(a)). The application is
to be assessed under section 45 of the PA2016 and in accordance with the Development
Assessment Rules.
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The intent of the reference to assessing and deciding the change application “in the context
of the development approval” is that the proposed change should not be considered in
isolation. Neither is the entirety of the development including the change re-assessed. Instead,
it is intended the change be assessed with reference to the context of the development
approval already existing for the development3.
State Policy Assessment
South East Queensland Regional Plan
Under part 2.2 of the planning scheme, the Planning Minister has identified that the Noosa
Plan 2020 appropriately advances the South East Queensland Regional Plan 2017 (SEQRP) as
it applies to the planning scheme area. Consequently, an assessment against the SEQRP is not
required. The subject land is included within the Regional Landscape and Rural Production
Area.
State Planning Policy 2017
Under part 2.1 of the planning scheme, the Planning Minister has advised the State Planning
Policy (SPP) dated July 2017 is appropriately integrated within the Noosa Plan 2020 in the
following ways:
• Liveable communities and housing
• Economic growth
• Environment and heritage
• Safety and resilience to hazards;
• Emissions and hazardous activities; and
• Infrastructure.
Under part 2.1.1, the State interests not integrated or only partly integrated, include:
• Natural hazards, risk and resilience for coastal hazards, in part, with respect erosion
prone areas.
The subject land is affected by a Medium Potential Bushfire Intensity and Potential Impact
Buffer under the mapping (refer Figure 5).
In the circumstances, the proposed development will result in the removal of all vegetation
within the subject land to facilitate the expansion of RRA. Further, does not involve the
construction of a building, but rather will provide for an engineered designed pad and new
relocated HES Basin. Consequently, the risk from bushfire to people and property is considered
minimal, given the nature of the use and the level of risk is not worsened. Importantly, because
no buildings are proposed within the RRA, the development is unlikely to result in additional
essential management clearing to reduce the risk of bushfire.
3 Planning Bill 2015, page 91
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The State does not provide flood hazard mapping but rather relies on the local government
mapping. The subject site is affected by flooding under the Flood Hazard Overlay Map (refer
Figure 13, below). The flood hazard area is within the middle of the existing landfill site and
wholly across the subject land.
Figure 5 – Extract of SPP Bushfire Mapping (Source: SPP Interactive Mapping)
The applicant has engaged Hydrology and Water Management Consulting Pty Ltd, who has
completed a flood assessment to inform the design of a proposed expansion of the RRA and
the new enlarged HES Basin (refer Attachment 5A). The detailed flood models have been
established and validated and used to create flood maps for the existing and proposed cases.
The model has been re-run to cater for rare events, the results of which are provided in the
additional Technical Memorandum (refer Attachment 5B).
The modelling has determined the impact on peak design flood levels likely to be caused by
the filling of the new RRA pad area. The hydraulic engineer has advised that there is a re-
distribution of floodwaters in the floodplain downstream of the filling; however, there are no
adverse impacts that are likely to affect any infrastructure on the site or surrounding area4.
The proposed development for the improved RRA and HES Basin will not result in added risk
to people and property. Further, the extent and depth of earthworks to be undertaken is
governed by the outlet of the proposed HES Basin, which is addressed in the Stormwater
Management Plan prepared for the site (refer Attachment 6).
Other matters, such as the protection of water quality have also been appropriately reflected
into the planning scheme and do not need to be considered further under the SPP. The
detailed Stormwater Management Plan prepared is primarily intended to manage water
quality to meet current environmental standards under the environmental authority for the
site, while also accounting for flooding. The extent of flooding is not worsened by the
proposed works and will not adversely impact other properties.
4 Noosa Landfill RRA Flood Assessment, part 8
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The proposed development is consistent with the SPP.
Planning Regulation 2017
Under the State Assessment Referral Agency (SARA) mapping, the site fronts a state controlled
road, with the landfill located on land within 25m of a State controlled road (refer Figure 6).
Figure 6 – State Assessment Referral Agency (SARA) Mapping
Under Schedule 10 of the Planning Regulation 2017 (PR2017) the application requires referral
to SARA, pursuant to Part, 9, Division 4, Table 4, Item 1 being within 25m of a State transport
corridor. It is noted the application was originally referred to the Department of Main Roads
(as a concurrence agency) under the current approval. A copy of the State Development
Assessment Provisions for State Code 1: Development in a state-controlled road is provided
as Appendix A.
The subject land is also within the Koala Priority Area and the Core Koala Habitat Area in part
and the Locally refined koala habitat area, in part (refer Figure 7, below).
Under Schedule 10, part 10, Koala habitat in the SEQ Region, development is prohibited
development where located within a koala priority area and koala habitat area, which is the
case here, unless exempted development.
Under the PR2017, exempted development includes at (d) development for infrastructure
stated in Schedule 5 if the development is carried out by or for the State or a public sector
entity. Under Schedule 5 – Infrastructure, includes at 16 – waste facilities. Consequently, the
clearing of koala habitat for this purpose is not prohibited development.
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Under Schedule 10, Part 3 – Clearing of native vegetation, the clearing of regulated vegetation
is prohibited development unless under a development approval. While the proposed clearing
has a relevant purpose determination (refer Attachment 1B), the application requires referral
to SARA under Division 4, Table 3 for a material change of use, being on land greater than 5ha
and involves the clearing of regulated vegetation.
A copy of the State Development Assessment Provisions for State Code 16: Native vegetation
clearing is also provided in Appendix A.
Figure 7 – Extract of koala habitat mapping (Source: DA Mapping).
No other referrals are applicable to the “other change” application under Schedule 10 of the
PR2017.
Noosa Plan 2020
Zoning and Tables of Assessment
Under the Noosa Plan 2020, the subject land is included within the Community Facilities Zone
and designated Utility Installation (refer Figure 8).
While part of Lot 77 is also included within the Environmental Management and Conservation
Zone, this land is not affected by the proposed change. Further, the subject land is over a
relatively small portion of land included within the Community Facilities Zone, when compared
to the area of the land parcel as shown in Figure 8.
It has always been the intent to use the land for the purpose of expanding the landfill as
required to meet the needs of the local community; however, given the ecological value over
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the majority of the land, this land has been included within Weyba Nature Reserve (refer Figure
9, below). While this land remains in the Community Facilities Zone, it is evident that the
current zoning has been overtaken by events, at least in part.
Figure 8 – Extract of zoning plan on aerial photograph (Source: Noosa interactive mapping)
There remains an area of land to the northeast and east that is not included within the Weyba
Nature Reserve, including the subject land. It is expected that the current zoning of this land
is not likely to change in the future, in order to cater for an identified community need for the
expansion of the existing landfill, subject to a further development approval.
Figure 9 – Extract of Open Space Mapping (Source: Intramaps)
Under the table of assessment for the Community Facilities Zone (annotated Utility installation)
the use is code assessable being consistent with the annotation. The applicable codes for the
assessment include:
• Community facilities zone code
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• Community activities code and
• Works codes - to the extent relevant.
Under the overlay mapping, the subject site has the following designations:
• Land subject to acid sulfate soils – above 5m AHD to 20m AHD (refer Figure 10);
• Biodiversity – MSES Environmental values & Area of Biodiversity Significance (refer
Figure 11);
• Bushfire hazard – Medium Potential Bushfire Intensity (Figure 12);
• Flood hazard – Flooding and inundation (refer Figure 13).
Other overlays also apply such as landslide hazard (moderate) and regional infrastructure
(major electricity) in Rutch Road, but these are not relevant to the assessment of the subject
land.
Figure 10 – Extract of acid sulfate soils
Figure 11 – Extract of Biodiversity, waterways and wetlands
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Figure 12 – Bushfire hazard overlay
Figure 13 – Flood hazard overlay
With respect to the overlay codes the following are most relevant having regard to the subject
land:
• Acid sulfate soils overlay code;
• Biodiversity, waterways and wetlands code;
• Bushfire hazard overlay code; and
• Flooding overlay code.
Overlay Codes
It is noted that under part 1.5 of the planning scheme and the hierarchy of assessment
benchmarks, overlays prevail over zone codes, use codes and other development codes to the
extent of any consistency.
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Biodiversity Overlay Code
With respect to the impact on the biodiversity values, the applicant has engaged Native
Foresters to consider the ecological values on the subject land and the impact caused by the
proposed development (refer Attachments 7A, 7B, 7C & 7D).
According to Native Foresters, the existing landfill including the RRA covers an area of
approximately 49ha within Lot 77, which has a total area of approximately 322ha. Most of the
southern section of the parcel forming part of Lot 77 is cleared where the existing landfill is
located.
The entire northern section of the main parcel of Lot 77, and directly north of the proposed
development contains remnant vegetation, which covers an approximate area of 200ha and
forms a continuous patch to the northern boundary. East of the landfill site is Walter Hay Drive
with smaller parts of Lot 77 on the eastern and southern side of the road mapped as State
conservation areas (Weyba Nature Refuge – Figure 9).
Figure 14 – Regulated vegetation (Source: Native Foresters)
Within the subject land, the vegetation is composed of open woodland, which contains large
eucalypts over an understorey of native shrubs associated with heathland ecosystems with
some weed incursions. Broad-leaved paperbark (Melaleuca quinquenervia) is dominant in low-
lying areas, forming dense patches5.
5 Native Foresters, Noosa Landfill & RCC – Northern Section – Fauna and Flora Assessment, page 3 & 4
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The proposed development will include the removal of vegetation in a relatively small area (in
comparison to the extent of existing vegetation) this being the subject land, which adjoins the
existing landfill area and having infrastructure on three sides (Figure 14). The proposed
development will allow for the expansion of the RRA and the continued provision of waste
management within one isolated location, which is logical and more efficient in the long term.
As part of the application process, Council has undertaken ecological assessments to identify
the impacts. Flora and fauna assessments have been undertaken both within the proposed
landfill expansion area, which constitutes the impact area and adjacent to the existing landfill
site. These ecological assessments were conducted between 2019 and 2022 and included:
a) Impact Assessment Report for Matters of MNES & MSES, by Native Foresters, dated 16
July 2022;
b) A Flora and Fauna Assessment of Noosa Landfill northern expansion area undertaken
by Native Foresters in January 2021, Document No. 200112-FF-Rev 2.
c) A Flora and Fauna Assessment and Assessment of impacts on adjoining ecosystems of
the Noosa Landfill and RRC expansion (Lot 77 SP298776). This was undertaken by
Native Foresters in 2019 and revised in 2021, Document No. 190330-Rev3.
d) Impact Assessment and Management Plan (IMP) – EVNT Species Breeding Places –
Noosa Landfill Expansion. Prepared by Native Foresters January 2021, Document No.
200112-Rev2.
(refer to Attachments 7A – 7D)
Some of the existing impacts reported on this part of the site include the following:
i. Historical clearing for access tracks/rural land uses;
ii. Modification of drainage lines;
iii. Adjacent industrial uses (landfill and depot) with litter incursion;
iv. Ongoing slashing and maintenance along two sides;
v. Presence of weed/non-native species including Singapore Daisy (Sphagneticola
trilobata), Camphor laurel (Cinnamomum camphora), Lantana (Lantana spp.), and
Setaria Grass (Setaria sphacelata); and
vi. Edge effects (increased light, wind, dust and noise) along the three boundary lines6.
The final report follows the recommendations of the ecological assessment and includes self-
assessments to determine if the following may occur:
1. Significant Impacts (SI) to prescribed environmental matters for Matters of National
Environmental Significance (MNES); and
2. Significant Residual Impacts (SRI) to Matters of State Environmental Significance
(MSES).
The consultant has advised the vegetation within the subject land to be cleared is mapped as:
• Category B vegetation - Endangered RE12.5.3;
• Essential Habitat;
• Animals-Threatened Species; and
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• Koala Habitat Area – Core & Locally refined (SEQ) and Priority Koala Habitat Area.
In terms of MNES, the ecologist has advised that subject to the mitigation measures being
implemented, the proposed development will not have a significant impact on habitat for
Koala for the following reasons:
• Although the area of interest contains suitable koala habitat, and the area does contain
koala food and habitat tree species, the total area to be cleared 1.02ha and will not
significantly reduce the area of occupancy, fragment or decrease the local population of
koala;
• Clearing of an area of koala habitat smaller that 2ha, which is bounded on three sides
by existing landfill and already moderately disturbed, will not significantly impact the
quality of the remaining habitat, and is not likely to adversely affect habitat critical to
the survival of the koala;
• Breeding cycle and essential life processes are unlikely to be significantly impacted by
the proposed clearing works; and
• Clearing the impact area is considered unlikely to interfere substantially with the recovery
of the koala through the introduction or exacerbation of key threats in areas of habitat
critical to the survival of the koala as the proposed clearing is considered small enough
that threats including edge effects and invasive species encroachment to adjoining
suitable habitat will be relatively minimal and mitigated through appropriate
management7.
In terms of the MSES, the assessment undertake has revealed the clearing of regulated
vegetation is unlikely to have an SRI on the Endangered Regional Ecosystem RE12.5.3 for the
following reasons:
• The vegetation clearing is less than 5ha.
• The clearing does not reduce remaining ‘Endangered’ vegetation to less than 5 ha when
the overall area including vegetation located on adjacent lots is considered.
• Vegetation clearing will not further separate or fragment regional ecosystem
communities onsite.
• The clearing constitutes less than 10% of the total mapped area of ‘Endangered’ RE12.5.3
that intersects the property boundary of the expansion area, and an equivalent area to
that being cleared (0.21ha) will be rehabilitated within Lot 77 to reinstate RE12.5.3.8
In terms of the impact upon koala habitat, the ecologist has advised that:
The prescribed activity is likely to have an SRI unless mitigation measures can avoid significant
impacts occurring, and that environmental offsets under the Environmental Offsets Act 2014,
may be required for prescribed activity on the following matters:
• 1.02 ha of Koala Habitat within a Koala Priority Habitat Area on Lot 77 SP298776.
7 Noosa Landfill & RRC Expansion – MNES & MSES Significant Impact Assessment, page 11
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Significant Residual Impacts on the above MSES – Core Koala Habitat are considered likely to be
averted if the mitigation measures proposed below are delivered:
• Progressive rehabilitation of landfill areas that have ceased operation.
• Rehabilitation and protection of adjacent regulated vegetation through weed control
operations.
• The delivery of a dedicated Koala Tree Offset planting to offset cleared Koala habitat
trees at a rate of 3:1 (3 trees planted to every 1 cleared) over 1.02ha of appropriate land
within Lot 77 SP298776 as shown in Appendix E.9
Having regard to the Biodiversity, Waterways and Wetlands Overlay Code and the advice
provided by the ecologist, the following comments are made about the overall outcomes:
• OO(a) – While the removal of the vegetation and wetland area will have some impact,
the subject land is degraded, with most of the land within this parcel (Lot 77) being
protected as a nature reserve. Further, the land to the south is to be rehabilitated
providing an environmental offset of about 1.8ha for the area being removed.
• OO(b) – While the proposed development will have some impact on the site’s
environmental values, in the circumstances, this cannot be avoided, with other
alternative sites having been considered10. The proposed development will not cause
a significant residual impact subject to the implementation of the mitigation measures
discussed above.
• OO(c) – Given the shape and location of the subject land being effectively a pinnacle
of vegetation protruding from a much greater vegetated area, the removal of this
vegetation will not adversely impact connectivity within the land and is suffering from
edge effects.
• OO(d) – The proposed development will not adversely impact upon ecological linkages
and riparian vegetation.
• OO(e) – The proposed development will not extend further into the existing vegetated
area and is aligned with the extent of the existing landfill boundary to the north and
east. Given the nature of the use in this location, the development will minimise edge
effects.
• OO(f) - While the development will have some impact, the assessment undertaken has
revealed that any threatened species will not be significantly impacted subject to the
implementation measures being adopted.
• OO(g) – Given the nature of the use and the location, the development will not provide
for landscaping in this location but is proposing a Rehabilitation Offset Plan that will
9 Noosa Landfill & RRC Expansion – MNES & MSES Significant Impact Assessment, page 30
10 Noosa Landfill & RRC Expansion – MNES & MSES Significant Impact Assessment, page 16
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provide for an equivalent regional ecosystem11 having an area of approximately 1.8 ha
towards the south (Attachment 8).
• OO(h) - The proposed development has been designed and sited to minimise adverse
impacts on koala having regard to the protection of the vegetation to the north within
the nature reserve. Further, it is unlikely the impact will be significant if the proposed
mitigation measures are undertaken as explained above.
The applicant’s ecologist has provided the following advice (as summarised) under Part 5, with
respect to the most relevant performance outcomes:
• PO1 – Under the flora and fauna assessments undertaken, the vegetation to be cleared
was found to be a Melaleuca wetland exhibiting characteristics of Least Concern Regional
Ecosystem RE12.3.5 – Melaleuca quinquenervia open forest on coastal alluvium. It was also
found that this part of the site has been moderately disturbed with impacts including edge
effects, weed infestation, some clearing for access tracks and also receives stormwater from
the sediment basin on northern edge of the existing landfill. Further, Lot 77 will retain
about 270.53 hectares of regional ecosystems following the works with the clearing
required for the RRA expansion, this being 0.3% of the remnant vegetation on the land.
Given the advice provided by the ecologist, the proposed development has been sited and
designed to protect the physical and ecological integrity and biodiversity of the ecological
important areas of the site and is consistent with this performance outcome. Other sites
have been considered and the removal of the vegetation cannot be avoided.
• PO3 – The landfill expansion works cannot be practicably avoided and have been
minimised as much as possible. The proposed clearing is logical and unavoidable in the
circumstances being adjacent to the existing landfill on three (3) sides. Further, will also
include improved stormwater infrastructure to manage stormwater flows and ensure this
water is properly treated to not cause environmental harm beyond the existing and
proposed landfill site. Consequently, the proposed development has been designed and
sited to manage adverse impacts on ecological important areas and is consistent with this
performance outcome.
• PO4 - The proposed clearing will be undertaken in accordance with a Construction
Environmental Management Plan (CEMP) which will incorporate actions specific to
protecting the environmental values on and adjacent to the site. The ecologist has advised
that the works will be undertaken in accordance with a High-Risk Species Management
Program. The development can be conditioned to comply with this performance outcome.
• PO5 – The vegetation that is to be removed is about 1.0ha in area, which juts into the
existing landfill site, with landfill activities occurring on three (3) sides and resulting in
substantial edge effects. The ecologist has confirmed that in the circumstances, the
proposed development does not have any useful connectivity value and therefore does
not offend this performance outcome.
11 Noosa Landfill & RRC Expansion – MNES & MSES Significant Impact Assessment, page 38
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• PO6 – The proposed clearing for the landfill expansion is not within a mapped riparian
buffer or mapped wetland area. While this area could be technically defined as a
“melaleuca wetland”12, it does not have these true ecological values given this has
developed over time because of the stormwater runoff from the existing landfill. The
proposed development will not have an adverse impact on mapped wetland and riparian
areas and is therefore consistent with this performance outcome.
• PO9 – One of the key outcomes being sought includes provision for an upgraded HES
Basin with the intention of improving water quality entering the adjacent retained
vegetation. Further, the applicant will be implementing a weed management program on
the site. The proposed development complies with this performance outcome, which can
be conditioned.
• PO10 – The proposed development will include a Weed Management Plan, primarily to
deal with the invasive Singapore Daisy. An environmental offset is also proposed to the
south of the site comprising about 1.8ha.13 Consequently, the proposed development
provides for ecological important areas to be restored and enhanced with the proposed
environmental offset able to be conditioned.
• PO11 – The proposed works will require the clearing of about 1.0ha of koala habitat;
however, the ecologist has advised there are several measures that can be undertaken to
reduce the impacts and risks to koala, including a 3:1 offset of koala trees 14. Given the
location of the vegetation being removed, the proposed offset being provided, and the
other measures to be implemented to mitigate the impacts, it is considered the
development has been designed and will be constructed and operated to enhance koala
habitat, consistent with the performance outcome.
• PO12 – The matter of bushfire risk will continue to be managed as is currently the case.
Further, the proposed development provides for a new RRA pad area and the relocated
HES Basin with no buildings being proposed on this part of the site. Consequently, essential
management around any buildings to mitigate the risk of bushfire is not required, which
could impact on the ecological values outside of the proposed landfill site. This is a matter
also considered by the State Assessment Referral Agency (SARA) in the referral to be made.
The proposed development is consistent with this performance outcome.
• PO13 – The proposed development requires the clearing of vegetation that is internal to
the site and is bounded by the existing landfill on three (3) sides. The area of the site is not
visible from the major road network and the removal of this vegetation will have no impact
on scenic amenity or the vegetated character of the area. The proposed offset planting to
the south will in fact provide additional screening vegetation to the existing landfill and
improve the scenic amenity when viewed from Emu Mountain Road and Walter Hay Drive.
12 Fauna and Flora Assessment, Rev 3, PO1, page 29
13 Fauna and Flora Assessment, Rev 3, section 5.1, page 38
14 Fauna and Flora Assessment, Rev 3, section 5.1, page 38
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The vegetation in this area of the site is less dense/cleared and the existing landfill is more
visible from the external road network in this location.
In summary, despite the vegetation clearing that is being proposed, given the unique nature
of the location and the existing edge effects, the proposed weed management and offset
planting, including for koala habitat, the proposed development is largely consistent with the
Biodiversity, Waterways and Wetlands Overlay Code. It is also noted that SARA approved the
proposed development with the vegetation clearing, subject to conditions under the referral
agency response dated 18 May 2023.
Other Overlay Codes
With respect to the overlay codes the following comments are made:
• Acid sulphate soils - this is matter that can be conditioned to prevent the release of
acid and metal contaminants adversely impacting on the natural environment. Further,
in accordance with condition 7 under the current development approval, the applicant
is required to manage acid sulphate soils in accordance with the former State Planning
Policy 2/02 - Planning and Managing Development Involving Acid Sulphate Soils. This
condition is likely to be updated under the change application, with a current Acid
Sulfate Soils Management Plan to be provided.
• Bushfire hazard - while the subject site has a medium bushfire risk it is necessary for
the vegetation to be removed to allow for the proposed expansion of the RRA. Further,
no buildings are being proposed within this part of the landfill, therefore the risk to
people and property from bushfire within the adjoining vegetation is minimised. It
noted under condition 6 of the current development approval (2005/638), the
applicant is required to ensure a Bushfire Management Plan has been prepared for the
site by suitably qualified expert to ensure the risk from bushfire is minimised and
managed.
• Flood hazard - while the subject land is subject to flood inundation during a Q100
event, the proposed development is for an expansion of the existing constructed pad
area and new HES Basin, to replace the existing centrally located HES Basin. The Council
is to implement a new Stormwater Management Plan, which is to minimise
environmental impacts. The hydraulic engineer has confirmed there is a re-distribution
of floodwaters in the floodplain downstream of the filling however there are no adverse
impacts that are likely to affect any infrastructure on the site or the surrounding area.
• Landslide hazard - while part of the land is affected by the landslide overlay, the subject
land where the proposed expansion of the RRA is not affected.
The proposed development either complies with or can be conditioned to comply with the
relevant overlay codes.
Community Facilities Zone Code
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Under the purpose of the Community Facilities Zone Code at (1), it is stated the Community
Facilities Zone is to provide for community related uses, activities and facilities whether publicly
or privately owned including utility installations, which is the case here.
Under the overall outcomes (2), at (a) it is stated the Community Facilities Zone is to primarily
accommodate a variety of community related activities and infrastructure to meet the current
and future needs of the community, which is the case here. The subject land has been
designated as a landfill site for many years with the existing facility commencing in about 2006.
Consequently, in accordance with OO(b) the development is consistent with the continued use
of community land for the specific purpose annotated on the zone map.
It is noted that despite the Community Facilities Zone extending over a large portion of Lot 77
(this being the main land parcel), it is only the land towards the southwest that is currently
used for landfill. While the existing landfill is also over a relatively large area of land comprising
about 49ha, in comparison to the area of land included within the Community Facilities Zone
(about 200ha) this is about one quarter of the land originally designated for this purpose.
The use of the subject land for this purpose is a logical extension given the significant need
that has been identified to increase the RRA. This will improve the current operation of the
existing landfill with improved safety being a priority and improved stormwater management
with the addition of a new and relocated HES Basin.
The proposed development under the change is entirely consistent with overall outcome (d)
being for an expansion of the existing landfill. Further, is consistent with overall outcome (k)
which seeks to ensure infrastructure including utility installations develop where there is an
identified community need and level of provision is commensurate with the service demands
generated by the use.
In particular, the proposed development is consistent with overall outcome (p) being for an
infrastructure activity that will result in better safety for the general public and the utility of the
land, which are the primary reasons for the proposed expansion. Further, consistent with
overall outcome (s) the proposed development is of a scale, appearance and intensity that is
compatible with the existing development and will not cause any adverse impacts off the site
or affect adjoining land uses.
It is accepted under overall outcome (t) that the proposed development will result in the
removal of remanent vegetation that has some ecologically value; however, in this case, this
cannot be avoided. Despite this, the applicant’s ecologist has confirmed the removal of this
vegetation will not have a significant residual impact, subject to mitigation measures identified
being implemented. Further, it is intended to provide environmental offset within the site that
will ultimately have the same regional ecosystem values.
With respect to the relevant performance outcomes the following comments are made:
• PO1 - the proposed development is consistent with the performance outcome given
the proposed development is providing for an infrastructure activity within the
Community Facility Zone;
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• PO2 - the proposed development will provide for a community related purpose being
an expansion of the existing landfill (utility installation);
• PO3 - the proposed development is entirely consistent with the specific purpose
annotated on zone map;
• PO4 – the subject land is on a site and location that is accessible and suitable for the
intended use and the population catchment it serves; and
• PO5 - the proposed expansion of the utility installation is of a scale and an intensity
that is entirely consistent with community needs, locational characteristics and
supporting infrastructure that already exists onsite, and as intended under the planning
scheme.
With respect to the other performance outcomes these are not relevant to the assessment
given no building works are being proposed (Built Form – Table 6.8.1.3). Further, the
development is for an extension of the existing RRA within the existing landfill site and is not
visible from the road frontage (Safety and Amenity – Table 6.8.1.3).
The proposed development is consistent with the Community Facilities Zone Code and
represents a logical extension to the existing landfill in the circumstances, being in response
to an identified need, which is anticipated under the planning scheme. It is accepted the
proposed development will have some impact on the environmental values on this part of the
land; however, this cannot be avoided and subject to the implementation of mitigation
measures will not result in a significant residual impact being caused.
Infrastructure Activities Code
Under part (1) purpose of the Infrastructure Activities Code, major utilities such as the existing
landfill are to be provided in a coordinated and efficient way to meet the needs of existing and
future communities. Further, are to be developed and designed in a manner which causes no
adverse effects on public health, the environment and the amenity of surrounding premises
and local communities.
In this case, the proposed development utilises land that is currently bounded by the existing
landfill, to meet an identified need, and will maximise the efficiency of existing infrastructure.
While the impact upon the environmental values has been minimised, in this case, it cannot
be avoided, as discussed above.
Under part (2), the overall outcomes intend that residents and visitors have access to adequate
levels of infrastructure to meet the needs of existing and future communities, which is the case
here (OO(a)). Infrastructure activities are to be visually integrated in their natural setting and
not be visible from the major road network, which is also the case here (OO(b)).
In particular, it is intended to increase the size of the RRA to provide for increased public safety
consistent with overall outcome (c). The expansion of the RRA is integrated with the existing
landfill and other facilities (Cleanaway Depot) consistent with overall outcome (d). Further, the
proposed access to the existing landfill is not being changed, with no increase in the expected
number of residents using the utility installation as a result of the change (OO(e)).
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With respect to the most relevant performance outcomes, the following comments are
provided:
• PO1 - the proposed infrastructure is to be provided in a location that is relative to
existing infrastructure. Further, provides opportunities for cost efficiencies and
minimises the environmental impact when considering site as a whole and the location
of the existing landfill in the southwest corner of the land, and in particular, the edge
effects already being experienced by existing infrastructure adjoining the subject land.
The location makes for a logical extension to the existing RRA in the circumstances;
• PO2 - there is sufficient separation between adjoining land uses with the development
wholly contained within a smaller part of Lot 77 and well removed from urban uses, as
planned; and
• PO3 – the proposed expansion of the RRA will have no impact on adjoining premises
or scenic amenity, with the existing landfill and including the change, being mostly not
visible from the Eumundi-Noosa Road. It is noted the proposed offset area to the south
of the site (refer Attachment 8) is in an area that has been cleared previously, and
once rehabilitated, will provide for additional screening to the landfill to the south
abutting Emu Mountain Road, which is desirable.
With respect to the design requirements (Table 9.3.11.3) under performance outcomes PO4 to
PO9, these are not relevant to the assessment.
With respect to safety and security (Table 9.3.11.3) the proposed additional infrastructure will
not cause adverse emissions or environmental nuisance in accordance with performance
outcome PO10. Further, will not cause an unacceptable risk to public safety and in fact is being
proposed to improve the level of safety within the RRA by creating a greater amount of
separation and better access between recoverables for the existing landfill operation
consistent with performance outcome PO11.
With respect to environmental management (Table 9.3.11.3) in particular performance
outcome PO13, the proposed development will have some impact on biodiversity values;
however, this cannot be avoided and is to be mitigated so as to not have a significant impact.
With respect to environment and heritage (Table 9.3.8.3), the existing landfill, including the
proposed expansion is currently and will be conducted in an environmentally responsible
manner without causing deleterious impacts on the environmental values outside of the
existing footprint, consistent with the current environmental authority for the landfill operation
(PO14). Further, the proposed development will ensure public safety and the environment are
not adversely affected by avoiding the release of hazardous materials into flood waters, with
the operation to be managed in accordance with the environmental authority (PO15). The
development is to be undertaken in accordance with a new and improved Stormwater
Management Plan (SWMP) including the construction of a new HES Basin.
The proposed development is consistent with the Infrastructure Activities Code, subject to the
implementation of the environmental mitigation measures identified.
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Works Codes
With respect to the most applicable works codes the following comments are made:
• Driveways and parking code - Under table 9.4.1.4, minimum parking requirements for
a utility installation is to provide sufficient parking for the intended use. While there is
an expansion of the existing landfill, given the nature of the use this does not cause an
increase in traffic movements or an added demand for parking.
• Earthworks code - the proposed development will require substantial earthworks for
the pad extension for the RRA, to be designed and certified by an RPEQ. The proposed
earthworks will meet the overall outcomes in terms of being designed and constructed
to be structurally sound (a), will provide for land stability (b), will avoid contamination
of the land (c) and flooding and drainage has been appropriately addressed in the
SWMP for the site (d). The existing native vegetation on the subject land is to be
removed, which cannot be avoided.
• Water quality and drainage code - the matter of water quality and stormwater drainage
forms part of the updated SWMP. The SWMP has been prepared in accordance with
the following documents:
o Guideline Stormwater and environmentally relevant activities (DES, 2021)
o Best Practice Erosion and Sediment Control (IECA, 2008), and
o Queensland Urban Drainage Manual (QUDM) (IPWEAQ, 2016).
Further, the SWMP has been prepared to meet current licence conditions and water
quality objectives for the operation of the landfill under the relevant environmental
authority permit (EPP01855314), being for:
o ERA 33 – Crushing, milling, grinding or screening > 5000t per year; and
o ERA 60-(1a) – Waste disposal facility < 50,000t/yr.
The proposed development either complies with the works codes or can be conditioned to
comply.
Conditions of Approval
It is reasonably expected the current development approval will be amended to update any
conditions of approval including reference to the new Master Plan for the subject site
(Attachment 4). Any conditions imposed are to be in keeping with the context of the current
development approval having regard to the proposed expansion of the RRA. Further, it is
expected that the construction of the expanded RRA and the relocation and enlargement of
the HES Basin would be subject to an operation works application, with the development being
designed and certified by an RPEQ.
It is necessary for the current conditions imposed by the concurrence agency with respect to
the provision of an environmental offset also be amended. In particular, it will be necessary for
Permit A to be amended to reflect the expansion of the RRA (Attachment 2B). To that end, it
is expected conditions 2.1, 2.2, 2.3 and 2.8 would need to be amended accordingly.
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Importantly, it will be necessary to amend condition 2.9 to reflect the current properties where
the environmental offset has been provided within the Lake Macdonald catchment area, as
required for the removal of regulated vegetation for the existing landfill within 20 years.
Consequently, the restoration offset is to be provided by 2026.
In accordance with condition 2.9 the Council has prepared an Offset Restoration Plan (ORP),
which provides for an environmental offset for the required minimum 24ha of vegetation,
comprising 19ha of a remnant “endangered” regional ecosystem and the establishment of a
minimum of 5ha of a remnant “not of concern” regional ecosystem.
The ecological consultant (Native Foresters) has undertaken a regional ecosystem assessment
of the offset areas provided, which is provided as Attachment 3. Consequently, it is not the
case that the condition has not been complied with, with the ongoing restoration of land
around Lake Macdonald having reached an advanced stage; however, the land properties
referred to in the condition have changed as has the tenure of this land (as explained above).
The aim of the ORP was to achieve remnant status of a minimum of 24ha of vegetation in
terms of canopy height and cover, and species composition by June 2026. This included 19ha
of “Endangered” listed Regional Ecosystems (RE) 12.3.1 and 5ha of “Of Concern” RE 12.3.2.
Noosa Council has also aimed to restore up to 11.1ha of additional; “Least Concern” RE 12.3.11.
The required vegetation communities are summarised in Table 1 (Attachment 3)15. In
accordance with Table 1, the total area of land to be offset is therefore 39.1 hectares.
In order to remedy the change in tenure and ensure the long term protection of the land being
restored and offset, a PMAV has been agreed between Council and SEQ Water. A request for
a PMAV has been submitted to the State to ensure the protection of the environmental offset
in the long term. Consequently, the Council has complied with the current condition of
approval, which should be amended to reflect the current and proposed offset arrangement
under the change being sought.
There is no material change in the traffic movements to and from the site as a result of the
proposed change. The current access arrangements are adequate for the continued operation
of the existing landfill, including the change.
Conclusion
The proposed development seeks to expand the existing landfill over the subject land to
increase the RRA in response to an identified community and planning need.
This additional land will provide for a larger pad area, which adjoins the current operation.
Further, provides for a greater amount of separation between disposal activities, which will
substantially improve safety for the public and the risk from fire, while also making use of
existing infrastructure to improve efficiencies. The new HES Basin will adjoin the northern
15 Regional Ecosystem Assessment, Noosa Council Offset Site, Lake Macdonald, page 6
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extent of the current landfill operation providing for more operational space within the site
and improving environmental outcomes and flood resilience.
The proposed development will result in the removal of regulated vegetation, which cannot
be avoided. Further, is a logical extension to the existing landfill operation in the circumstances,
being a finger of vegetation that protrudes into the existing landfill and is suffering from edge
effects. The loss of vegetation needs to be considered in context with the large portion of land
(Lot 77 - about 200ha), which is to be mostly protected as a nature reserve, despite the current
zoning for a community purpose.
The proposed development should be approved subject to reasonable and relevant
conditions, given the demonstrated need and the environmental offset being provided.
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