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Enclosure 3a- FHA SPP Module 5
Attached to the e-mail Operational Works Application OPW17/0016.
Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable 5.1 Development in a declared fish habitat area state code The following table provides an assessment of how the proposal meets the performance outcomes of the Relevant State Planning Policy Modules Table 5.1.1: All development completely or partly within a declared fish habitat area Performance outcomes Acceptable outcomes Response Comment PO1 There is a demonstrated right to propose development in the declared fish habitat area. Editor’s note: Further guidance on rights in the context of fisheries resources and fish habitats is provided in the policy provisions of Management of declared fish habitat areas (FHMOP 002) Department of Primary Industries and Fisheries, 2008. AO1.1 Development is for public infrastructure that has no alternative viable route that does not require works on tidal land or fish habitats. OR The proposed development received a Resource Allocation Authority (RAA) on 6 January 2017 pursuant to the Fisheries Act. This RAA confirms that the proposed development is a Prescribed development. Given that the proposal meets the definition of prescribed development, and a RAA has been issued, there is clearly a demonstrated right to propose the placement of Oyster Reef Restoration Units within the Declared Fish habitat Area. The placement of these habitat units is designed to assist natural restoration of oyster reef habitat in the Noosa Estuary, which will become natural environmental infrastructure in time. The Department of National Parks, Sports and Racing Operational Policy for Marine Resource Management explains the situations under which the Fisheries Act considered works are a Prescribed Activity for which a Resource Allocation Authority, and therefore demonstrated Right can be issued for proposals in the declared Fish Habitat Area. As detailed in the Noosa River Oyster Reef Restoration Plan provided as Enclosure 5 to the development application, the Oyster Reef Restoration Units are for the purpose of assisting the Natural Processes to restore oyster reefs in the Noosa River. These habitats and the live oysters living on the reefs were previously removed via dredging to harvest oysters and for construction purposes. This project seeks to restore natural substrate profiles and processes to a sufficient point where natural succession (i.e. oyster spat recruitment on suitable substrate) will continue the recovery process. Based on the fact that oyster bed habitat was historically dredged from the estuary, the removal of habitat and unsuitable hard substrate (due to build-up of fine sediment and algae) has resulted in a lack of suitable structure of sufficient relief onto which oysters spat can successfully recruit and grow. This project aims to return some suitable structure to assist natural restoration of these important estuarine habitat types. As demonstrated in the letter by Ecological Service Professionals prepared to receive the Resource Allocation Authority due to a variety of factors, there is insufficient substrate available for the oyster spat to naturally recruit within the system and the prescribed development purpose is to facilitate restoration of natural recruitment processes. . The Operation Policy goes on to state that “ Restoration of habitats and natural processes should be well planned to achieve the desired outcomes, prevent exacerbation of existing habitat degradation and to ensure a net benefit to the declared FHA. Multidisciplinary expertise may be required in development of the proposal. Peer review from relevant experts may also be worth consideration.” The plans enclosed herewith have been designed in conjunction with leading academics from the University of the Sunshine Coast , who combined have over 50 years experience in coastal ecology and fisheries, as well as being peer reviewed and certified by Registered Professional Engineers who specialise in coastal management and have intimate experience with the Noosa River system. The RPEQ has referenced newly developed hydrodynamic modelling for Noosa River to confirm that the expected velocities will not compromise the integrity of the proposed Oyster Reef Restoration Units. This project further fits with the intent of the policy, which states: “Restoration projects that satisfy the policy position should be encouraged, and NPSR should assist with technical input and assistance wherever possible. The benefits of restoration projects often extend beyond the restored habitat values. A community project can engender a spirit of community custodianship and interest in the declared FHA, which has long-term benefits to FHA management.” The original community group for the Noosa Area who was pivotal for lobbying for protection of the Noosa Everglades system (at the headwaters of the Declared Fish Habitat Area), the Noosa Parks Association in conjunction with the international philanthropy group the Thomas Foundation are also pivotal members of the proposed project, which is one of a number of measures identified to restore the natural processes in the estuary and support greater diversity in the Noosa River for future generations to enjoy. Enabling the project to proceed in the only locations deemed viable for success in the Noosa River System will further invigorate the already proud tradition of Noosa Parks Association’s legacy to restore and protect natural process and assets within the Noosa River and restore some of the historical damage that early pioneers inflicted on the area (namely the dredging of oysters and associated natural oyster shell beds from the estuary). The policy position calls for a restoration plan to be provided to meet all criteria listed in Section 6.2.2 of the Operational Policy. Each of these criteria have been detailed in the Noosa River Oyster Reef Restoration Plan provided as Enclosure 5 which has already been assessed and referenced in Condition 11 of the RAA. AO1.2 Works are for a legitimate public health or safety issue and the applicant is an entity or acting on behalf of an entity. OR AO1.3 The following can be demonstrated: tenure is held for the land directly abutting the declared fish habitat area tenure has been granted over the area of work or a resource entitlement or resource allocation has been granted for the resource being developed. PO2 Development is only undertaken for a prescribed purpose in a declared fish habitat area and, does not significantly impact on the natural condition of fish habitat and natural processes of the area. Editor’s note: Further guidance on prescribed development purposes in a declared fish habitat area is provided in the policy provisions of Management of declared fish habitat areas (FHMOP 002) Department of Primary Industries and Fisheries, 2008. AO2.1 Development is for one of the following purposes: restoring the fish habitat or natural processes managing fisheries resources or fish habitat researching, including monitoring or educating ensuring public health or safety providing public infrastructure to facilitate fishing providing subterranean public infrastructure if the surface of the area can be restored, after the completion of the works or activity, to its condition before the performance of the works or activity constructing a temporary structure maintaining a structure that was constructed before the area was declared to be a fish habitat area maintaining a structure, other than a structure mentioned in paragraph (8) that has been lawfully constructed if the land is in a management B area — constructing a permanent structure on tidal land or within the management area, or depositing material for beach replenishment in the management area. Editor’s note: A resource allocation authority is required under the Fisheries Act 1994 before development can proceed. The prescribed purpose of the development is to restore natural processes and enhance the mosaic of natural fish habitats in the Estuary. This is a community driven project to restore fish habitat that was historically present, that will benefit the broader community and ecosystem as a whole. PO3 The development will not increase the risk of mortality, disease or injury, or compromise the health and productivity of fisheries resources. AO3.1 Suitable habitat conditions, including but not limited to water and sediment quality, will be maintained to sustain the health and condition of fisheries resources within all fish habitats. AND The purpose of the project to restore natural oyster recruitment processes to the Noosa Estuary. An expected benefit of this project is a potential increase in the local productivity and biomass of fish in the estuary. Based on previous restoration projects elsewhere in the world, dense aggregations of Oysters and other shellfish, which are filter feeding animals, have reduced suspended sediment loads and improved local water quality, as well as improved the local productivity of fisheries. The only anticipated risks have been identified in a formal risk assessment completed by the University of the Sunshine Coast (refer to Table 3 of the Restoration Plan provided as Enclosure 5). Of these the only risk identified that may compromise the health of the estuary is associated with disease transfer via the oyster shells. This is being carefully managed and regulated by a permit issued by the Department of Environment and Heritage Protection which requires: only using dead oyster shell sourced locally from Moreton Bay (the closest source of sufficient quantity of dead oyster shell) ensuring all oyster shells are boiled for at least 5 minutes or dried in sunlight for >3 months at >18°C prior to installation in the estuary (in accordance with biosecurity principlesas per Table 7.3 in Aquavetplan Decontamination Manual Department of Agriculture, Fisheries and Forestry (2008). Australian Aquatic Veterinary Emergency Plan (AQUAVETPLAN) Operational Procedures Manual, Decontamination. Vers 1.0. 2008. Australian Government Department of Agriculture, Fisheries and Forestry, Canberra, ACT). assisting settlement of oyster spat that naturally occurs from within the Noosa Estuary and NOT seeding the dead shell with commercial spat prior to deployment to avoid translocation AO3.2 Herbicides are not used on, and will not drift onto, tidal land or wetlands or into waterways. AND Herbicide use is not part of the project scope and will not be used in the project. AO3.3 Fish will not become trapped or stranded as a result of development. OR The design of the Oyster Reef Restoration Unit (ORRU) are shown on drawing 2016,0028-020. Each ORRU will consist of a stack of three bags, with three ORRUs arranged in a triangle separated by approximately 4m. All units will be deployed by hand and pinned into place so as to minimise disturbance to the underlying bare substrate. At the time of installation the configuration of the Oyster Recruitment Restoration Unit will not lead to entrapment of fish as there is sufficient space between the units for fish to swim out of the 4m gaps. The units will also be placed at LAT as indicated in the drawing 2016,0028-020 so the bases of each unit will remain partially submerged on most tides throughout the year. We plan to adequately monitor natural development of the reefs, so that in the event that natural recruitment and oyster growth connects the units in a manner that could entrap fish in fluctuating tides, a suggested approval condition could be to recommend the shape of the units are managed during natural restoration and establishment to prevent entrapment of fish. Adequate monitoring and rectification of potential entrapment issues can be applied as a condition. AO3.4 Risks of fish stranding occurring have been identified and are demonstrably manageable. As outlined above, the design of the oyster reef restoration units is unlikely to lead to entrapment of fish. A condition of the RAA is for the growth of the oyster reef restoration units to be monitoried for a period of three years. In the event that natural recruitment and oyster growth connects the units in a manner that could entrap fish in fluctuating tides, anapproval condition could be included to require the units to be reshapd to prevent future entrapment of fish. PO4 Development maintains or enhances community access to fisheries resources and fish habitats, such as through fishing access and linkages between the commercial fishery and infrastructure, services and facilities. AO4.1 The development does not impact on existing infrastructure or existing community access arrangements for declared fish habitat areas. OR The development does not impact on existing infrastructure or existing community access arrangements for declared fish habitat areas. The project is designed to create natural environmental infrastructure in the form of oyster reef habitat, which will return an important fish habitat type to the estuary. The location for each of the sites have been strategically placed outside high use recreation areas. Fishing bodies have been consulted regarding the project and the RAA conditions for adequate community consultation during the first three years of establishment of the reefs to give opportunity to AO4.2 The development improves community access to fisheries resources and fish habitats (e.g. provision of public fishing platforms, public boardwalks). The proposed development is not designed to provide specific structures for community access. The proposal provides a suitable substrate to support the restoration of oyster reef habitat. A potential benefit of this is increased fisheries productivity through an enhanced mosaic of fish habitat types. PO5 Development that has the potential to impact the operations and productivity of Queensland commercial or recreational fisheries mitigates any adverse impacts due to adjustment of fisheries. Editor’s note: The Guideline on fisheries adjustment provides advice for proponents on relevant fisheries adjustment processes and is available by request from the Department of Agriculture and Fisheries. AO5.1 Affected fisheries, and the impacts on those fisheries, are identified. AND The intention of the proposal is to restore an important fish habitat, which has the potential benefit of increasing fisheries productivity through an enhanced mosaic of fish habitat types. AO5.2 Fair and reasonable compensation to commercial fishers is determined. AND The intention of the proposal is to restore fish habitat, which has the potential benefit of increasing fisheries productivity through an enhanced mosaic of fish habitat types. The small scale of restoration will not impact negatively on commercial fishing operations. QISA has been informed of the project. It is understood that the Department of Agriculture, Forestry and Fisheries has undertaken their own communications with relevant fisheries representatives as part of the RAA approval process to confirm this outcome is satisfied. AO5.3 The impact of the development on commercial fisheries and recreational fishers is mitigated. The intention of the proposal is to restore fish habitat, which has the potential benefit of increasing fisheries productivity through an enhanced mosaic of fish habitat types. Restoring the fish habitat or natural processes PO6 Development that is restoring the fish habitat or natural processes minimises impacts on the declared fish habitat area. Editor’s note: Development to restore fish habitat areas includes: reinstating tidal profiles for allowing restoration of marine plant communities restoring tidal flows and inundation patterns. Editor’s note: The vast majority of restoration works are likely to be authorised self-assessable works under the self-assessable code MP06 – Minor impact works in a declared fish habitat area or involving the removal, destruction or damage of marine plants, Agriculture, Fisheries and Forestry, 2013, with an endorsed restoration plan (no development application required). AO6.1 Restoration work will not result in the substitution of fish habitats. AND The Oyster Reef Restoration Units are proposed over areas that were within historical oyster lease areas and now remain as bare sand or mud(which currently covers rubble and oyster shell). The letter provided by Ecological Service Professionals (The ESP letter) include with this development application as Enclosure 6 provides a detailed account of the natural extent of oyster reefs throughout the Noosa River compared to the current day scenario. The ESP letter clearly quantifies that the proposal for 15 oyster reef restoration units will not exceed the footprint or extent that was naturally occupied by oysters in Noosa River prior to their anthropogenic removal. For this reason the restoration works to install features that will facilitate restoration of natural recruitment processes in their original locations are not considered to be substituting fish habitat types. AO6.2 Prior to restoration works, the area of disturbance does not show evidence of adequate natural recovery AND The Oyster Reef Restoration Units are designed to provide suitable conditions for the natural restoration processes for oyster reef habitat which were dredged from the Noosa River Estuary over 80 years ago. The Letter provided by Ecological Service Professionals provides further account of the extent of oyster removal and the processes that are likely to have prohibited the natural recruitment in the following years. An initial research program (refer to TNC & ESP 2015) has identified that viable oyster spat still persists throughout the Noosa River System, however due to a current lack of suitable vertical substrate and nooks and crannys for oyster spat to recruit as they would be expected to in natural oyster reef systems, the oyster spat die or fail to prosper before they can grow to a size sufficient to avoid the impacts of sedimentation and other influences. The below diagram demonstrates how the increased surface area within the oyster reef restoration units provide increased potential for natural recruitment , compared to the low profile substrates existing within Noosa River today which are not protected from sedimentation.. AO6.3 Restoration works are specifically for the benefit of fish habitats, fisheries productivity and natural ecological processes within the declared fish habitat area. AND Restoration works are specifically for the benefit of fish habitats, fisheries productivity and natural ecological processes within the declared fish habitat area. The purpose of this project is to restore a habitat type that was removed by humans more than 80 years ago from within the now gazetted fish habitat area. Similar estuarine restoration works elsewhere throughout the world to restore oyster reef habitat of this nature have resulted in an increase in productivity and value of these natural assets for a wide diversity of species including those important for recreational and commercial fishing , further details of the benefits of oyster reefs to river systems are provided in Section 2 of the Restoration Plan provided with this development application as Enclosure 5. AO6.4 Restoration works are undertaken in disturbed areas that are in degraded condition and the works will result in increased fisheries productivity. AND An account of the extent of degradation of oyster reef habitats within Noosa Rover is provided in the letter by Ecological Service Professionals as Enclosure 6 to this development application. The ESP letter details that restoration works will be undertaken in areas of the Noosa Estuary that have previously had the oyster reefs removed through dredging, and therefore have a degraded state of habitat complexity (missing what is a functionally important estuarine habitat type as recognised by the international RAMSAR convention). Based on previous restoration works in the USA, the works are expected to result in increased fisheries productivity by restoring a diverse habitat type to the Noosa River Estuary. AO6.5 Proposed restoration works are feasible, are likely to be successful, and the benefits of the restoration works outweigh the impacts of conducting the work. AND Successful restoration of Oyster Recruitment Restoration Units has occurred world wide and scientific peer reviewed literature and supporting best practice documentation supports the assertion that provision of substrate suitable to facilitate restoration of natural oyster spat recruitment processes to estuaries has a positive benefit on the diversity and biomass of fisheries species. The proposed works have a total footprint of impact of 12m2 each at 15 sites, for a total initial impact of 180m2 throughout the estuary. The restoration units will be deployed on bare sand or mud substrata above LAT. Once restored, oyster reefs boast benefits to fisheries for some productive areas exceeding US$99,000 ha-1 year-1The high productive potential, insignificant extent of the restoration effort, placing units made of natural substances, by hand on bare substrate within the Noosa River system is therefore not considered to have a significant negative impact on the fisheries value. The positive effects, or their potential are expected to include restoring a degraded fish habitat type that was damaged by humans, providing a localised increase in fisheries productivity (diversity and biomass of benthic organisms and fish) around the Restoration Units, which has the potential to improve the fishery in the lower Noosa Estuary as a whole. AO6.6 Any restoration proposed in a declared fish habitat area includes a post-works monitoring and maintenance program appropriate for the scale of the restoration works. An extensive post works monitoring program has been proposed in the Restoration Plan. This includes monitoring of the following: Oyster Restoration Unit Location Stability; Natural Recruitment Processes; Community use and enjoyment of the Declared Fish Habitat Area; Impacts of adjacent fish habitats. The conditions of the RAA facilitate for the installation of the oyster reef restoration units to be on a trial basis only. Where the above monitoring does not demonstrate that the objectives for restoration natural recruitment processes are met within the 3 year trial period, the conditions of the RAA require the Oyster Reef Restoration Units to be removed from the Declared Fish Habitat Area. PO7 Excess sediment from restoration or marine plants that are required for a restoration project are obtained and managed to avoid further disturbance within the declared fish habitat area. AO7.1 Excess sediment from restoration is disposed of lawfully outside of the boundaries of a declared fish habitat area. AND No sediment will be removed as part of the proposed works. AO7.2 Marine plants for revegetation purposes are obtained from within a declared fish habitat area only if: no alternative source of marine plants from outside the declared fish habitat area is feasible the removal of marine plants is assessed to have minimal impact on the declared fish habitat area the marine plants are to satisfy local provenance. Editor’s note: Vegetation to be used within a restoration project should comply with any relevant provisions of the National policy for the translocation of live aquatic organisms. See Management and protection of marine plants and other tidal fish habitats (FHMOP 001), Department of Primary Industries and Fisheries, 2007 for specific guidance on marine plant translocation. Disturbance to marine plant vegetation is not proposed. However it is understood that the intent of this Performance Outcome is to ensure that resources used for restoration of the Declared Fish Habitat area are not obtained at the expense or degradation of other Declared Fish Habitat areas. The dead oyster shell (conch) used within the Oyster Recruitment Restoration Units will be sourced from local oyster processing centres and/or restaurants in Moreton Bay and will not be sourced from any declared fish habitat area. A beneficial use approval has been received from the Department of Environment and heritage Protection with approval number ENBU07017216 to regulate the use of eth oyster shells. PO8 Benthic disturbance, as a result of development in a fish habitat area enables the area to be restored to the condition and profile that existed before the disturbance from development. Editor’s note: Such disturbances include but are not limited to those associated with provision of subterranean infrastructure, or temporary structures. AO8.1 Surface sediment type is restored to match the surrounding or pre-works sediment profile to aid recolonisation by flora and fauna. AND The works will involve placement and securing of the Oyster Recruitment Restoration Units by hand on top of bare sediment. Sediments will not be displaced as a result of the deployment. The restoration method will restore the benthic profile to a vertical relief level and suitable condition that will allow natural recruitment of oysters and consolidation of the structures as is expected to have been the situation prior to the removal of the oysters. The design of the Oyster Reef Restoration Units will facilitate for removal by hand if required pursuant to the conditions of the Resource Allocation Authority. AO8.2 Any disturbance to waterway banks is suitably protected from erosion. AND AO8.3 The total surface area of substrate disturbance is minimised (for example, corridor width trench and any adjacent temporary spoil stockpile). PO9 Development resulting in drainage or disturbance of acid sulfate soil prevents adverse impacts on fisheries resources and fish habitats. AO9.1 Run-off and leachate from disturbed or oxidised acid sulfate soils is contained, treated and not released to a waterway or other fish habitat. AND Not applicable. The restoration units will be placed on top of bare sediment and no subsurface sediment will be disturbed. We will therefore not disturb ASS or PASS or create oxidising conditions. AO9.2 Management of acid sulfate soil is consistent with the current version of the Queensland acid sulfate soils technical manual: Soil management guidelines, Department of Natural Resources and Mines, 2002. Editor’s note: Queensland acid sulfate soil technical manual: Soil management guidelines, Department of Natural Resources and Mines, 2002 provides further guidance on the management of acid sulfate soils. Not applicable for the reasons above Managing fisheries resources or fish habitats PO10 Management of fisheries resources or fish habitats in a declared fish habitat area benefits or minimises impacts on the declared fish habitat area. AO10.1 There is a demonstrated overriding need for development that involves managing fisheries resources or fish habitat within the declared fish habitat area. AND The proposed project will support restoration of a historically degraded fish habitat type, oyster reefs, to the Noosa Estuary through a community driven project delivered by both the community and local university. One of the goals of this project is to engender local stewardship in the estuarine environment and to educate the community on the benefits of having functional estuaries. AO10.2 Management of fisheries resources or fish habitat in a declared fish habitat area is undertaken by the state or community groups for public benefit. AND The project is one component of a larger project informed by sound scientific evidence to support the restoration of natural estuarine values for future generations to enjoy. AO10.3 Management of fisheries resources or fish habitats benefits the declared fish habitat area. Editor’s note: Such management may include managing public access, controlling marine pests or improving water quality. Researching, including monitoring or educating PO11 Development to support research, including monitoring or educating, within the declared fish habitat area minimises impacts on the declared fish habitat area. Editor’s note: Research and monitoring works may be self-assessable works under the self-assessable code MP05: Works for educational, research or monitoring purposes in a declared fish habitat area or involving the removal, destruction or damage of marine plants, Department of Employment, Economic Development and Innovation, 2011. AO11.1 Development for education or research is directly related to education or research about one or more of the following, and is necessary to achieve the desired educational or research outcome: fish or fisheries fish habitat general biological or ecosystem values or processes within the area survey works for existing property boundary definition and investigation of impacts of development on the declared fish habitat area. AND The prescribed development purpose is not for researching monitoring or educating. However, to better understand the benefit of restoring habitat, this project also proposes a significant monitoring that is in line with current world best practice. This information will add significantly to the research priorities of Fisheries Queensland identified in the 2016 fisheries report on research priorities for Fish Habitat areas, by contributing to our understanding of the importance of fish habitat for fisheries productivity, restoring fish habitat and understanding seascape connectivity. AO11.2 For permanent educational structures (for example, educational signs or boardwalks) within a declared fish habitat area, the: structure is publicly owned and for public benefit educational benefits justify the impacts, or the structure is strategically located to achieve a high level of community use, benefit or awareness. OR No permanent educational structures are proposed, however there will be considerable applied research outcomes for the project and our understanding of fish habitat areas and the connectivity among them (in accordance with current Fisheries Queensland research priorities) that will be based from the outputs from biological monitoring. AO11.3 Works for education or research: are limited in nature, frequency and extent are temporary allow for the fish habitat to quickly recover through natural processes without any requirement for restoration works allow for the fish habitat to be restored, if relevant, at the completion of the project. The purpose of the proposed works is to support the restoration of a fish habitat type that was historically prominent in the estuary, but was heavily degraded by humans and is now limited to small aggregations on rocky reefs within the fish habitat area. Ensuring public health or safety PO12 Development that is ensuring public health or safety (other than works for mosquito control) within the declared fish habitat minimises impacts on the declared fish habitat area. AO12.1 Works for a public health issue are: formally endorsed by Queensland Health or the relevant local government necessary, as all alternative options that do not require works in a declared fish habitat area have been considered and are not viable or not achievable in the available timeframes for an urgent response to the public health issue. AND The prescribed development purpose is not for ensuring public health or safety. AO12.2 Works for a public safety purpose have no viable alternative options and are only for: signage or aids to navigation to warn the public of a safety hazard (for example, within a waterway to warn of submerged rocks, crocodiles, marine stingers) preventing an impending public safety issue (for example, beach cleaning to remove dangerous items such as syringes) removal of a hazard to public safety that has resulted from a specific unforseen event (for example, a fallen tree that is a danger to safe navigation, sediment deposited by a flood that is a danger to safe access to a public boat ramp; cleanup of an oil spill) construction of a public marine stinger net to enable safe community use of the declared fish habitat area placement of a cyclone mooring identified under a cyclone contingency plan by the harbour master or controlling port authority or corporation, and located in accordance with a cyclone mooring plan. Not applicable Public infrastructure to facilitate fishing PO13 Development that is public infrastructure to facilitate fishing minimises impacts on the declared fish habitat area. AO13.1 There is a demonstrated overriding need for public infrastructure to facilitate fishing, the development has a direct link to the activity of fishing and: is a public jetty, pontoon, boat ramp or fishing platform the proposed location has been identified as the most suitable through a strategic planning document associated infrastructure that does not have a physical requirement to be within a declared fish habitat area is not located in the declared fish habitat area (for example, boat trailer parks, car parks, rest rooms). AND The prescribed development purpose being applied for is not for public infrastructure to facilitate fishing. The prescribed development purpose is for restoration of a fish habitat resource that was heavily degraded within the estuary by humans. A benefit of the restoration when successful will be restoration of natural processes for oyster spat recruitment. The habitat diversity this will provide to Noosa River is expected to attract fish that will prey on the smaller aquatic animals expected to live within the oyster reefs. AO13.2 The structure does not require dredging within the declared fish habitat area for access. No dredging is required for the proposed works. All restoration units will be placed by hand from a vessel to minimise the disturbance footprint. Providing subterranean public infrastructure PO14 Development that is providing subterranean public infrastructure to transect the declared fish habitat area minimises impacts on the declared fish habitat area. AO14.1 Works for the construction of subterranean public infrastructure will: be placed below the existing substrate surface level have no viable alternative route that does not require works within a declared fish habitat area allow satisfactory restoration of the substrate surface. Not applicable. No subterranean public infrastructure is planned as part of this development application. Constructing a temporary structure PO15 Development for a temporary structure minimises impacts on the declared fish habitat area. AO15.1 A temporary structure is located in part of the declared fish habitat area for which the applicant can demonstrate a level of ‘rights’ or interests. AND This application is for the deployment of restoration units that will support the natural restoration of a fish habitat type. The Resource Allocation Authority has deemed that where the oyster reef restoration units successfully restore natural recruitment processes they will be considered part of the natural ecosystem. Where they are not successful, they will be required to be removed. The provision of the Resource Allocation Authority is the rights or interests to allow for the trial phase of the restoration project. AO15.2 A temporary structure has a documented and measurably lesser impact on the declared fish habitat area than all other reasonable options. AND Not Applicable AO15.3 The temporary structure is for a public benefit project. AND Not Applicable AO15.4 A temporary structure is in place for no more than six weeks. OR Not Applicable AO15.5 Structures with a demonstrated negligible impact (for example, a temporary pipeline placed on the substrate surface of a declared fish habitat area where there is no damage through access or any outflow from the pipe into the area) may be left in place for up to six months. AND Not Applicable AO15.6 A temporary structure is appropriately designed such that all of its components are contained within the approved area and can be completely removed from the declared fish habitat area within six weeks of completion of works. AND Not Applicable AO15.7 To minimise impacts on the declared fish habitat area, a temporary structure is in place only at a time that avoids or minimises conflict with known fish migration periods (if relevant to the structure type and design proposed). AND Not Applicable AO15.8 A temporary waterway barrier that prevents tidal flow is not be left in place for longer than 30 business days. AND The project is not designed to create a waterway barrier. All structures will be deployed by hand with minimal disturbance to the underlying substrate. This outcome is therefore not applicable. AO15.9 Once the structure is removed, the tidal profile is restored to allow natural recolonisation by marine plants and fauna. Not Applicable Maintenance of structures PO16 Maintenance of a structure in or partially in a declared fish habitat area minimises impacts on the declared fish habitat area. Editor’s note: The relevant structure being maintained may be a structure that was constructed before the area was declared to be a declared fish habitat area. Editor’s note: Some maintenance works may be self-assessable works under the self-assessable code MP02: Maintenance works on existing lawful structures in a declared fish habitat area or involving the removal, destruction or damage of marine plants, Department of Agriculture, Fisheries and Forestry, 2013. AO16.1 Maintenance works includes: the trimming of marine plants, immediately adjacent to the relevant structure, that impinge on the safe use of that structure, or temporary disturbance of the declared fish habitat area for the purpose of accessing the structure (for example, an access track), provided the disturbance is necessary and minimised the disturbed area will be satisfactorily restored within 14 days of conclusion of maintenance works, or relocation or exchange of the structure, if there is a clear net benefit to the declared fish habitat area. Disturbance to marine plants is not required as part of this development application. Oyster restoration units are proposed on bare substrate in areas that have historically had oyster reefs/beds. The monitoring component of the Restoration Plan included as Enclosure 5 with the development application details the monitoring program to be implemented to ensure unforeseen impacts are adequately monitored for and managed appropriately, Certain permanent structures and beach replenishment within the declared fish habitat area management B area only PO17 Development that is constructing a permanent structure within a declared fish habitat area (management B area) only minimises impacts on the declared fish habitat area. AO17.1 A permanent structure: is proposed in a part of the declared fish habitat area where the applicant can demonstrate a legal right or interest over that part of the declared fish habitat area that is greater than the legal right or interest of another member of the community has a demonstrated overriding requirement to be in the declared fish habitat area is demonstrated to be of the smallest size necessary to serve the overriding functional requirement has a measurably lower level of predicted impact on the declared fish habitat area than all other reasonable options. na PO18 Development that is depositing material for beach replenishment in a declared fish habitat area (management B area only) minimises impacts on the declared fish habitat area. AO18.1 Beach replenishment in a declared fish habitat area: is carried out in the management B area and the applicant can demonstrate a level of rights for the area is for the control of existing or imminent erosion is carried out on a high-energy, sandy sediment shoreline with biological communities adapted to mobile sediments does not create terrestrial land for the placement of structures (for example, park infrastructure), unless for a sacrificial dune or beach where this forms an integral part of erosion control design and will minimise the frequency and impact of ongoing erosion control activities on the declared fish habitat area and all other reasonable options would have a greater impact on the management B area. AND na AO18.2 The beach replenishment: sources suitable replenishment material from a distance of greater than 100 metres* outside a declared fish habitat area or from works within a declared fish habitat area that have been authorised for another purpose identifies a source of replenishment material for future maintenance does not involve dredging or use of other techniques such as ‘beach scraping or sand pushing’ to obtain replenishment material within a declared fish habitat area will not require maintenance more often than every two years. *Editor’s note: Excluding where sediment is sourced from a navigation channel. na Boardwalks PO19 Development that is for a boardwalk in a declared fish habitat area minimises impacts on the declared fish habitat area. AO19.1 The benefits of the boardwalk will outweigh any adverse impacts to the declared fish habitat area. AND na AO19.2 The boardwalk will be: publicly owned and for public benefit strategically located to achieve a high level of community use or benefit or awareness of the fish habit area for education or for providing public access to prevent uncontrolled disturbance of the declared fish habitat area. AND na AO19.3 The boardwalk will: have pedestrian decking surfaces that allow a minimum of 40 per cent light penetration to the substrate maintain existing tidal hydrology. Editor’s note: Guidance on how to meet the acceptable outcomes is included in Fisheries guidelines for fish-friendly structures (FHG 006), Department of Primary Industries and Fisheries, 2006. na Bridges PO20 For a development for a bridge in a declared fish habitat area (management B area only): the development minimises impacts on the declared fish habitat area there is an overriding need for the bridge to be located in the management B area. AO20.1 Bridges in a declared fish habitat area are located in the management B area of the declared fish habitat area. AND na AO20.2 The bridge is located on or between lands for which the applicant can demonstrate rights. AND na AO20.3 The bridge: abutments are outside the management B area is supported on piles only (not culverts, pipes or causeways) and the number of bridge piles within the management B area is minimised is designed to direct all water run-off from the surface of the bridge for treatment outside the declared fish habitat area has minimal impacts on vessel access upstream from the declared fish habitat area. na Dredging or extracting sediment (for restoring fish habitats or natural processes) PO21 Dredging or extracting in a declared fish habitat area restores fish habitats or natural processes. Editor’s note: Applicants should review MP06 – Minor impact works in a declared fish habitat are or involving the removal, destruction or damage of marine plants—a self-assessable code may be applicable and not require a development application. See also prescribed development purpose—Restoring the fish habitat or natural processes. AO21.1 Dredging or extracting sediment from a declared fish habitat area is only for the purpose of restoring fish habitats or natural processes. na Fishing platforms PO22 Development that is for a public fishing platform in a declared fish habitat area minimise impacts on the declared fish habitat area. AO22.1 The proposed location for a public fishing platform in a declared fish habitat area: has been assessed to the most the most suitable location through a strategic planning approach reflects an existing community requirement for the structure, which has been demonstrated and documented is supported by an incorporated recreational fishing group for the area. AND na AO22.2 Public fishing platforms in a declared fish habitat area: do not require dredging have pedestrian decking surfaces that allow a minimum of 40 per cent light penetration. na PO23 Development that is for a private fish platform in a declared fish habitat area minimises impacts on the declared fish habitat area. AO23.1 Private fishing platforms in a declared fish habitat area are located within management B areas of the declared fish habitat areas only. AND na AO23.2 Private fishing platforms: originate from a lot adjoining the declared fish habitat area for which the applicant can demonstrate rights do not extend from a lot that already has a jetty, pontoon or boat ramp. AND na AO23.3 Private fishing platforms: do not require dredging do not adversely affect navigation for community access to the declared fish habitat area have a total permanent footprint of less than 40 square metres do not extend through a marine plant fringe of more than 15 metres in width (measured perpendicular to the shore) have pedestrian decking surfaces that allow a minimum of 40 per cent light penetration. na Industrial water inlets or outlets PO24 Industrial water inlet or outlet structures are compatible with the management B area, and minimise impacts on management B areas. AO24.1 Industrial water inlet or outlet structures may be located in a management B area if: the structures, including intake or discharge pipes and necessary associated pipes and transfer pipes, originate from adjoining land for which the applicant can demonstrate rights fish health and productivity and the potential use of exposed fish for food or aquaculture purposes are not reasonably expected to be compromised by the proposed use of the structure alternatives for reuse and or disposal outside the declared fish habitat area are impractical. AND na AO24.2 Industrial water inlet or outlet structures: use only buried pipelines, surface laid pipeline systems or elephant trunk systems do not require intake channels or dredging unless the excavation is necessary to install a buried pipeline and the substratum surface of the declared fish habitat area is satisfactorily restored have an intake or outlet volume of water that has minimal impact on natural hydrology within the declared fish habitat area. na Jetties, pontoons and boat ramps (public) — management A and B areas PO25 Development that is for a public jetty, pontoon or boat ramp in a declared fish habitat area minimises impacts on the declared fish habitat area. AO25.1 Public jetties, pontoons and boat ramps have: a direct link to the activity of fishing a proposed location that has been identified as the most suitable through a strategic planning approach a demonstrated existing community requirement for the structure. AND na AO25.2 Public jetties, pontoons and boat ramps: do not require additional dredging within the declared fish habitat area for access do not include associated infrastructure that does not have a physical requirement to be within a declared fish habitat area have vessel staging areas that are appropriate for the size of the boat ramp have pedestrian decking surfaces that allow a minimum of 40 per cent light penetration. na PO26 Development that is for a private jetty, pontoon or boat ramp in a declared fish habitat area minimises impacts on the declared fish habitat area. AO26.1 Private jetties, pontoons and boat ramps are located within management B areas of declared fish habitat areas only. AND na AO26.2 Private jetties, pontoons and boat ramps: originate from an adjoining lot for which the applicant can demonstrate rights do not extend from a lot that already has a jetty, pontoon, boat ramp or adjacent mooring unless the new structure is replacing an existing structure. AND na AO26.3 Private jetties, pontoons and boat ramps: do not require dredging to use the structure have a total permanent footprint of less than 40 square metres extend through a marine plant fringe less than 15 metres wide measured perpendicular to the shore (jetties and pontoons) and the jetty or pontoon access walkway is less than 2 metres wide for boat ramps – extend through a mangrove fringe less than 3 metres wide measured perpendicular to the shore, and the total area of marine plant disturbance required for construction is less than 45 square metres have pedestrian decking surfaces that allow a minimum of 40 per cent light penetration do not adversely affect navigation. na Marina and port facilities — management A and B areas PO27 Development is not a marina or port. No acceptable outcome is prescribed. na Moorings (public or cyclone) PO28 Development that is for public vessel or cyclone moorings in a declared fish habitat area minimises impacts on the declared fish habitat area. Note: Moorings for restoration purposes are likely to be authorised under MP06 – Minor impact works in a declared fish habitat are or involving the removal, destruction or damage of marine plants, Department of Agriculture, Fisheries and Forestry, 2013 as an endorsed rehabilitation plan. AO28.1 Vessel moorings located in the declared fish habitat area demonstrate an overriding community need. AND na AO28.2 Cyclone mooring are: specifically identified under the relevant port cyclone contingency plan by the controlling authority (for example, a port authority) located in accordance with any cyclone mooring plan (identifying current and future demand) prepared by the controlling authority only used during a cyclone event or other genuine emergency situation available for use by other vessels when authorised by the relevant regional harbour master in the event of a cyclone. OR na AO28.3 Moorings for restoring the fish habitat or natural processes of the declared fish habitat area: are a component of a project aimed at restoring a particular habitat type within the declared fish habitat area (such as a coral habitat) that has been degraded through vessel anchor damage are public moorings comply with the criteria under Restoration of fish habitats: Fisheries guidelines for marine areas (FHG 002), Department of Primary Industries, 1998. na PO29 Development that is for private vessel moorings in a declared fish habitat area minimises impacts on the declared fish habitat area. Editor’s note: Where appropriate, designated moorings areas (DMAs) are in place to accommodate private and individual moorings. Editor’s note: Environmentally friendly moorings (EFM) in a DMA within a management B area are authorised under self-assessable code Minor impact works in a declared fish habitat area or involving the removal, destruction or damage of marine plants (MP06) Department of Agriculture, Fisheries and Forestry, 2013. AO29.1 Private vessel moorings are only located in management B areas of declared fish habitat areas. AND na AO29.2 A private vessel mooring in a management B area: is located directly adjacent to a lot for which the applicant can demonstrate rights is not located adjacent to a lot that already has a jetty, pontoon, boat ramp or adjacent mooring, unless the mooring is replacing these structures is entirely within an extension of the side boundaries of the applicant’s property and on the same side of the waterway as the premises will not interfere with foreshore access has an environmentally friendly mooring design does not require dredging to use the mooring. OR na AO29.3 A private vessel mooring in a management B area: is located within a government approved designated mooring area has an environmentally friendly mooring design does not require dredging to use the mooring. na Mosquito control – management A and B areas PO30 Development that is works for mosquito control in a declared fish habitat area minimises impacts on the declared fish habitat area. Note: MP06 – Minor impact works in a declared fish habitat area or involving the removal, destruction or damage of marine plants, Department of Agriculture, Fisheries and Forestry, 2013, authorises, and includes particular requirements for, self-assessable works for mosquito control for public health purposes. Editor’s note: An approval is not required for pest management using pesticides or biological control of mosquitoes undertaken in accordance with The lawful use of physical, pesticide and biological controls in a declared fish habitat area (FHACoP01), Department of Primary Industries and Fisheries, 2005. AO30.1 For works for mosquito control in a declared fish habitat area, there is an overriding need for the works. AND na AO30.2 Works for mosquito control: do not include works for the control of other nuisance pest insect species (for example, midges) are identified as required to be carried out in the declared fish habitat area under a mosquito management plan developed in accordance with the Mosquito management code of practice for Queensland, Local Government Association of Queensland, 2012. Note: Guidance on how to meet the acceptable outcomes is available in the Mosquito management code of practice for Queensland, Local Government Association of Queensland, 2012. AND na AO30.3 Runnelling works will comply with the policy guidelines in Departmental procedures for permit applications assessment and approvals for insect pest control in coastal wetlands (FHMOP 003), Department of Primary Industries, 1996. A runnel must include: increase tidal flushing follow lines of natural water flow be no deeper than 30 centimetres have a 3:1 width: depth ratio a spoon shape with gently sloping concave sides be designed to appropriately manage and dispose of acid sulfate soils. na Aids to navigation PO31 Development that is for constructing an aid to navigation in a declared fish habitat area minimises impacts on the declared fish habitat area. AO31.1 The location of the aid to navigation is: endorsed in writing by Maritime Safety Queensland necessary, as all alternative options that do not require works in a declared fish habitat area have been considered, and are not viable or do not achieve timeframes for an urgent response to a public safety hazard. na Overhead electricity and communication cables PO32 Development that is for overhead electricity and communication cables in a declared fish habitat area minimises impacts on the declared fish habitat area. AO32.1 Overhead electricity and communication cables: span the declared fish habitat area, or if it is not possible to scan the declared fish habitat area— are located in the management B area AND na AO32.2 For overhead electricity and communication cables: rights over the works area can be demonstrated (for example, a power infrastructure easement) future maintenance of the cables and their support infrastructure will not involve major adverse impacts on the declared fish habitat area. AND na AO32.3 The development: minimises impacts through measures, such as using the maximum cable span length and minimising disturbance required for access involves no permanent filling (for example, the construction of permanent raised pads for the support structures or access causeways) ensure that any associated warning signs do not require marine plant disturbance, unless this would compromise the purpose of the warning sign. na Reclamation — management B areas only PO33 Filling of tidal land is only to occur as a result of beach replenishment in management B areas. AO33.1 Filling of tidal land as a result of beach replenishment may occur in a management B area if: all other reasonable options would have greater measurable impact on the management B area the filled land is not for the placement of structures or infrastructure the filled land is to be a sacrificial dune or beach that is an integral part of erosion control design, and will minimise the frequency or impact of ongoing replenishment or other erosion control activities on the management B area. na Revetments, groynes and gabions (managing fisheries resources or fish habitat) PO34 Revetments, groynes and gabions for the purpose of managing fisheries resources or fish habitat in a declared fish habitat area are designed and located to minimise impacts on the declared fish habitat area. AO34.1 Revetments, groynes and gabions for the purpose of managing fisheries resources or fish habitat: are constructed as part of a government agency or community group project to manage fisheries resources or fish habitats, or are for a fisheries or fish habitat management purpose, or are undertaken by a government agency or community groups for public benefit, or ensure feasible and measurable benefits outweigh the associated impacts. AND na AO34.2 Erosion control structures in management B areas: result in no further permanent loss of fish habitats beyond the footprint of the structure include rehabilitation of disturbed fish habitats to the greatest extent possible. Revetments, groynes and gabions (erosion control) PO35 Revetments, groynes and gabions built for erosion control in a declared fish habitat minimise impacts on the declared fish habitat area. Editor’s note: From a fish habitat perspective, erosion protection structures (for example, gabions) that also serve to maintain or establish bank vegetation (for example, mangroves) may have greater benefit than structures focused at only achieving erosion protection. In addition, filled geotextile fabric may have benefits over harder materials in some circumstances, including easier removal where required. Editor’s note: Further detail on fish-friendly structures is provided in Fisheries guidelines for fish-friendly structures (FHG 006), Department of Primary Industries and Fisheries, 2006 for a discussion of the benefits of geotextile fabric. Further detail on erosion control and regularisation is provided in Tidal fish habitats, erosion control and beach replenishment (FHMOP 010), Department of Primary Industries and Fisheries, 2007. AO35.1 Revetments, groynes and gabions built for erosion control are located in management B areas of declared fish habitat areas. AND na AO35.2 Erosion control structures are: located in a part of the management B area for which the applicant can demonstrate a level of rights or interests (for example, adjoining property) located where there is evidence of significant erosion, or there is an immediate threat of significant erosion, which would result in the loss of one or more of the following— the opportunity preserve the ability to use the land for its existing or approved purpose infrastructure, structures or buildings that are not expendable or not able to be relocated located where there is an inadequate erosion buffer zone and managed retreat is not possible the best available erosion management solution from both the erosion management and fish habitat management perspectives. AND na AO35.3 Erosion control structures: include minimal regularisation of the foreshore boundary required to maintain a consistent alignment with adjacent properties as part of an erosion control strategy for the location result in no further permanent loss of fish habitats beyond the footprint of the structure include rehabilitation of disturbed fish habitats to the greatest extent possible. na Signs PO36 Signs in a declared fish habitat minimise impacts on the declared fish habitat area. AO36.1 For signs in a declared fish habitat area, there is an overriding community benefit involved in locating the sign in the declared fish habitat area if they are for: warning the public of a hazard or danger, or research or education: where the educational benefits outweigh any impacts where strategically located to achieve a high level of community use or benefit or awareness. AND Only signage proposed will be consistent with MSQ requirements to warn of the submerged Oyster Recruitment Restoration Units, as well as the signage requirements of the Resource Allocation Authority to seek public comment regarding impacts on eth Declared Fish Habitat Area. AO36.2 Signs do not involve disturbance of marine plants unless this would compromise the purpose of a warning sign (for example, the viewing arc). Signs consistent with MSQ requirements will be placed in such a way as to not disturb marine plants Stormwater outlets PO37 Stormwater outlets built in a declared fish habitat area are designed and located to minimise impacts on the declared fish habitat area. AO37.1 Stormwater outlets are located in management B areas of declared fish habitat areas. AND Development is not a stormwater outlet AO37.2 Stormwater outlet structures: originate from adjoining land for which the applicant can demonstrate rights are only used if stormwater storage, re-use and disposal on terrestrial land outside the declared fish habitat area is impractical. AND na AO37.3 The stormwater outlets: incorporate current best practice water quality treatment techniques or apparatus incorporate measures (for example, retention basins) upstream of the declared fish habitat area to reduce water velocities and discharge volumes (for example, retention basins). na Tidal aquaculture — management A and B areas PO38 Development that is tidal aquaculture is not supported in declared fish habitat areas. AO38.1 Placing of structures that constitute tidal works within licensed oyster areas in management B areas complies with the Oyster industry management plan for Moreton Bay Marine Park, Department of Primary Industries and Fisheries, 2008. This project is designed to assist natural restoration of a fish habitat type and is not a tidal aquaculture project despite oysters being an aquaculture species. We are not seeding the restoration units with oyster spat, instead we are relying on natural spat fall. The transfer of oyster shells will be in accordance with the Beneficial Use Permit ENBU07017216. Water impoundment structures (permanent) — management A and B areas PO39 Development is not for a permanent dam, weir, bund or other water impoundment structure in a declared fish habitat area. No acceptable outcome prescribed. The development is not for creating a water impoundment structure. All development – environmental offsets PO40 Impacts to declared fish habitat areas or legally secured offset areas for declared fish habitat areas, including the fisheries resources and fish habitats that they contain, are avoided or mitigated and an environmental offset is provided for any significant residual impact. AO40.1 Residual impact to declared fish habitat areas or legally secured offset areas for declared fish habitat areas, including the fisheries resources and fish habitats that they contain, is comprehensively and accurately documented to demonstrate that impacts are avoided or, where this cannot be reasonably achieved, impacts are minimised. OR The works are to restore natural, but degraded components of the Declared fish habitat area and as such environmental offset in addition to the proposed works is not proposed or necessary. AO40.2 Where residual impact to declared fish habitat areas or legally secured offset areas for declared fish habitat areas, including the fisheries resources and fish habitats that they contain, is accurately documented and it cannot be demonstrated that impact can be reasonably avoided or minimised, an environmental offset is provided for any significant residual impact. Editor’s note: Applications for development should identify whether there is likely to be a significant residual impact and a need for an environmental offset having regard to Section 3.7 (Declared fish habitat areas and highly protected zones of State marine parks) of the Significant Residual Impact Guideline and the relevant Queensland Environmental Offsets Policy. Additional requirements for development within a strategic environmental area PO41 Where clearing of marine plants or legally secured offset areas for marine plants cannot be avoided and the extent of clearing has been minimised, an environmental offset is provided for any significant residual impact from the clearing. AO41.1 Clearing of marine plants or legally secured offset areas for marine plants is reasonably minimised and an environmental offset is provided for any significant residual impact from the clearing. AND The proposal will not clear or remove marine plants. All structures are to be placed onto bare sediment that previously had oyster reefs or currently have oyster beds that are buried under sediment (as identified by field assessments). AO41.2 Clearing of marine plants is limited to the minimum area required for the works and to allow for maintenance. No clearing of marine plants will be undertaken. PO42 Natural regeneration of any cleared or work area is facilitated wherever possible. AO42.1 There is no impediment to the natural regeneration of native plant species in the area of clearing and works following completion of works. The proposal is for deployment of restoration units to support natural restoration of oyster reefs. The structures will be made from natural materials and will not impede the recruitment of marine plants to an area. The Restoration Plan includes monitoring of impacts on marine plants surrounding the project for the first three years of establishment and will be reported back to the Department of Agriculture, Forestry and Fisheries. After the three year trial period, any competition between marine plants and the restored oyster reefs will be considered a natural part of the ecology in the Noosa River. PO43 Development avoids or minimises adverse impacts on fish passage during works and the carrying out of the activity. No acceptable outcome is prescribed. The Oyster Recruitment Restoration Units are small (1m long) in relation to the width of the river where they will be placed (refer to the specific plans for each site Enclosure 1). The units will be deployed by hand from a boat with minimal disruption to the underlying sediment. At no stage during the placement of the units or subsequent natural restoration will the reefs block fish passage. The reefs will be monitored for a minimum of three years post deployment and a condition can be applied to ensure Oyster Recruitment Restoration Units are managed appropriately to maintain fish passage at all times. PO44 Development avoids or minimises impacts on fish habitat values. AO44.1 Works are located, designed and constructed to minimise impacts on fish habitat values and function. The works will be positioned as necessary to avoid direct placement over any marine plant. Units will be deployed by hand from a vessel or from the shore in a way that minimised any impact to the fish habitat values and function. Preliminary assessments, as detailed within the ESP letter included as Enclosure 6 with the development application have identified methods and recommended placement of sites with the intent to avoid conflict with marine plants. The Restoration Plan included as Enclosure 5 to the development application includes monitoring protocol to ensure that impacts on the declared fish habitat area are adequately monitored and for the oyster reef restoration units to be removed where the performance outcomes are not achieved. This is also already subject to regulation via the conditions attached to the Resource Allocation Authority applicable to the project. PO45 Development avoids or minimises impacts on natural drainage lines or flow paths, both during construction and operation. No acceptable outcome is prescribed. The proposed Oyster Recruitment Restoration Units are all located within the intertidal zone (i.e. above LAT). Each Oyster Recruitment Restoration Unit is more than 60m from stormwater outlets into the Noosa River. The RPEQ has stated the below in their response to Schedule 4A of the Coastal Act which demonstrates that any risks can be suitably mitigated: “Similar units have historically been utilised to provide protection to areas subject to wave erosion. As such, these units may result in accretion of the adjacent foreshore although it is expected that tidal and flood flows are dominant in most locations. No modelling has been undertaken, however it is expected that impacts would be relatively low given the location close to the bank and the relatively small footprint of the works. The units are angled to the peak flood velocity to reduce impacts and oriented to deflect ebb tide and peak flood flows toward the channel (rather than toward the bank) to avoid concentrating flows which might result in erosion of the riverbank. Localised build-up & scour is expected however the proposed works are flexible and able to accommodate minor changes. The majority of the sites appear relatively stable with no sand ripples although aerial photography indicates that they can be subject to change. Significant sedimentation to the point of burial is not expected. Sites 9 & 10 could potentially experience the greatest changes, particularly in the event of re-opening of the channel along the western bank. The works incorporate quarterly monitoring for the first 3 years and if any erosion or excessive accretion are observed these can be evaluated and the Oyster Recruitment Restoration Units can be modified, relocated or removed if necessary in accordance with the conditions applied. “ PO46 Development avoids or minimises any adverse impacts from pollutants on environmental values and water quality objectives for receiving waters (surface and groundwater) on site or leaving a site. AO46.1 Development demonstrates best practice environmental management to meet relevant environmental values and water quality objectives of the Environmental Protection (Water) Policy. OR . The only materials proposed to be used in the project are shown on the detail design drawings. The coir material is degradable. The oyster shells will be sourced from within Queensland and boiled for a minimum of 5 minutes or sun dried for >3months at >18°C (in accordance with Commonwealth best practice for removal of pathogens) to remove any potential for pathogen transfer. Noosa Council currently holds a Beneficial Reuse Permit for this purpose. The Beneficial Reuse Permit number is ENBU07017216. AO46.2 All stormwater, wastewater, discharges and overflows leaving the site are: treated to the quality of the receiving waters prior to discharge, or reclaimed or re-used such that there is no export of pollutants to receiving waters. The proposed development is in the intertidal zone of the Noosa Estuary and is therefore within the receiving waters already and will not have associated stormwater runoff. Units will be placed by hand to minimise any disturbance of fine sediment at each site.
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