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13967 SARA Concurrence · OPW16/0237

Attached to the e-mail Operational Works Application OPW16/0237.

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Our reference: SPL-1016-034178
Your reference: 13967


Date: 10 October 2016

Debbie Gilbert Holdings Pty Ltd
C/- Superior Jetties
PO Box 920
NERANG QLD 4211

Attention: Jackie Hogan

Dear Ms Hogan

Concurrence agency response before application is made—with conditions
107 Noosa Parade, Noosaville QLD 4566; Lot 65 on N10572
(Related to section 271 and given under section 285 of the Sustainable Planning Act 2009)


Reference is made to your correspondence dated 07 October 2016 requesting the
Department of Infrastructure, Local Government and Planning provide a referral agency
response for the proposed development before the development application is made to the
assessment manager.

Applicant details
Applicant name:                     Debbie Gilbert Holdings Pty Ltd
Applicant contact details:          C/- Superior Jetties
                                    PO Box 920
                                    Nerang QLD 4211

Site details
Street address:                     107 Noosa Parade, Noosaville QLD 4566
Real property description:          65 N10572
Local government area:              Noosa Shire Council


Application details
Proposed development:               Development Permit for Operational Works – Tidal Works
                                    (Pontoon)


Page 1
                                                                                   SEQ North Region
                                                                                   Level 8, Mike Ahern Building
                                                                                   12 First Avenue
                                                                                   PO Box 1129 Maroochydore QLD 4558
Full text of the other 5 pages

Page 2

                                                                                     SPL-1016-034178


Aspects of development and type of approval being sought


Nature of                   Approval Type                     Brief Proposal of     Level of
Development                                                   Description           Assessment
Operational                 Development Permit                Tidal Works           Code
Work                                                          (Pontoon)             Assessment

Referral triggers
The development application would be referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger:                 Schedule 7, Table 2, Item 15 – Tidal Works, or development in a
                                  coastal management district

Documents supplied to support request


                                                                                    Version and
Plan / Report title                        Author                   Reference no.
                                                                                    date
Site and Elevation Plan                    Superior Jetties         13967 – D01     6 October 2016

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required to
set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Pursuant to section 272(3) of the Sustainable Planning Act 2009, you will not be required to
refer your application to the department if you submit this response in its entirety when
making the application to the assessment manager, and the following conditions are
satisfied:
 Any changes to the proposal before the application is made to the assessment manager
    do not result in a substantially different development to that which was presented to the
    department with the request for a referral agency response
 The development application must be made to the assessment manager within 12
    months of the date of this referral agency response.

If you require any further information, please contact Candace Mitchell, Senior Planning
Officer, on 5352 9708 who will be pleased to assist.

Yours sincerely




Department of Infrastructure, Local Government and Planning                             Page.2

Page 3

                                                                   SPL-1016-034178




Garth Nolan
Manager (Planning)

enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Attachment 3—Approved plans and specifications




Department of Infrastructure, Local Government and Planning           Page.3

Page 4

                                                                                     SPL-1016-034178




Our reference:      SPL-1016-034178
Your reference:     13967


Attachment 1—Conditions to be imposed


No.        Conditions                                                        Condition timing
Development Permit for Operational Work – Pontoon
Schedule 7, Table 2, Item 15 – Pursuant to section 255D of the Sustainable Planning Act
2009, the chief executive administering the Sustainable Planning Act 2009 nominates the
Director-General of the Department of Department of Transport and Main Roads to be the
assessing authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following condition(s):
General
1.       The development must be carried out generally in               At all times
         accordance with the following plans:

                     Site and Elevation Plan, Superior Jetties, 13967-
                      D01, dated 06/10/2016
Tidal Works
2.         The structure must be lit/marked in accordance with the           At all times
           following specifications, such that it does not cause a risk to
           the safe navigation of other ships:
                 section 3 of AS4282-1997 Control of the obtrusive
                   effects of outdoor lighting
3.         The construction, operation or maintenance of the structure,      At all times
           and any ship berthed, moored or attached to the structure,
           must not:
                 encroach into, pass over or under a navigation
                   corridor; or
                 be located in a high risk maritime zone
4.         Any debris or similar obstruction generated whilst                While works are
           undertaking the work must be removed from the waterway            occurring
           and suitably disposed of at the applicant’s expense.
5.         All piles and/or structures to be demolished, both above          Prior to the
           and below the waterline must be completely                        completion of the
           extracted/removed.                                                works




Department of Infrastructure, Local Government and Planning                            Page 4

Page 5

                                                                                SPL-1016-034178




Our reference:      SPL-1016-034178
Your reference:     13967


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To ensure the development is carried out generally in accordance with the plans of
    development submitted with the application.
 To ensure that at all times, all lights on or above the development site do not interfere
    with safe navigation in surrounding waterways.
 To ensure the development does not encroach on the navigation corridor or high risk
    maritime zone to ensure the safe passage of vessels (terms underlined are defined in
    the glossary of Part C: Fast track framework of the State Development Assessment
    Provisions, version 1.9).
 To ensure that debris from the development does not create a hazard to navigation.
 To ensure that there is no residual material that could create a hazard to navigation.

Findings on material questions of fact
 The development is for a single pontoon at 107 Noosa Parade, Noosaville (Lot 65 on
    N10572).
 The proposed development is not within the navigation corridor or high risk maritime
    zone.

Evidence or other material on which the findings were based
 Development application, including plans provided.
 State Development Assessment Provision, version 1.9, published by the Department
    of Infrastructure, Local Government and Planning.
 Sustainable Planning Act 2009.
 Sustainable Planning Regulation 2009.




Department of Infrastructure, Local Government and Planning                      Page 5

Page 6

                                                                       SPL-1016-034178




Our reference:      SPL-1016-034178
Your reference:     13967


Attachment 3—Approved plans and specifications




Department of Infrastructure, Local Government and Planning   Page 6

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