17494 SARA Early Referral · OPW20/0237

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                                                                                                 2010-19429 SER



Reasons for decision to impose conditions
The SARA must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Approved plans and specifications
The SARA requires that the plans and specifications set out below and enclosed must be attached to any
development approval.

 Drawing/report title              Prepared by            Date             Reference no.     Version/issue
                                                          18 August        17494-D01
 Site plan                         Superior                                                  Revision: A
                                                          2020
 Pontoon plan                      Superior               18 August 20     17494-D02         -



This response should be submitted in its entirety when making the application to the assessment
manager. Pursuant to section 54(4) of the Act, you will not be required to refer your application to the
SARA for the referral triggers identified above if 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 SARA with the
     request for an early referral response
  The development application must be made to the assessment manager within 12 months of the
     date of this early referral response.

For further information please contact Jonas Griffin Fodaro, Planning Officer, on 4924 2915 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Anthony Walsh
Manager Planning

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




 State Assessment and Referral Agency                                                               Page 2 of 5

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                                                                                                2010-19429 SER



Attachment 1—Conditions to be imposed


 No.     Conditions                                                              Condition timing
 Operational works – Tidal works in a coastal management district
 Tidal works or work in a coastal management district—The chief executive administering the Planning
 Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the
 enforcement authority for the development to which this development approval relates for the
 administration and enforcement of any matter relating to the following condition(s):
 1.
         The development must be carried out generally in accordance with        At all times
         the following plan:

                 Site plan prepared by Superior dated 18 August 2020,
                  reference 17494-D01, Revision A

                 Pontoon plan prepared by Superior dated 18 August 2020,
                  reference 17494-D02.

 2.
         The structure must be lit/marked in accordance with the following       At all times
         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, and any    At all times
         ship berthed, moored or attached to the structure, must not:
              (a) encroach into, pass over or under a navigation corridor or
              (b) be located in a high risk maritime zone.

 4.      Any debris or similar obstruction generated whilst undertaking the
                                                                                 While works are
         work must be removed from the waterway and suitably disposed of
                                                                                 occurring
         at the applicant’s expense.


 5.      All piles and/or structures to be demolished, both above and below      Prior to the completion
         the waterline must be completely extracted/removed.                     of the works
 Tidal works or work in a coastal management district—The chief executive administering the Planning
 Act 2016 nominates the Director-General of the Department of Environment and Science Coastal
 Assessment to be the enforcement authority for the development to which this development approval
 relates for the administration and enforcement of any matter relating to the following condition(s):
 6.
         The construction of the pontoon must be undertaken generally in         For the duration of
         accordance with the following plan:                                     works and to be
                                                                                 maintained
                 Site plan prepared by Superior dated 18 August 2020,
                  reference 17494-D01, Revision A

                 Pontoon plan prepared by Superior dated 18 August 2020,
                  reference 17494-D02.



 State Assessment and Referral Agency                                                              Page 3 of 5

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                                                                                             2010-19429 SER




7.      The works to which this approval relates are to be for a private      At all times
        purpose only.
8.      Any operator and contractor involved in the works to which this       During construction
        approval relates must:
             (a) be provided a copy of these referral agency conditions;
             (b) install all measures, plant and equipment necessary to
                 ensure compliance with the conditions of this approval;
             (c) maintain such measures, plant and equipment in a proper
                 and efficient condition; and
             (d) operate such measures, plant and equipment in a proper
                 and efficient manner.
9.      For the operational works only use materials which are free from      During construction
        contaminants as defined under section 11 of the Environmental
        Protection Act 1994.
10.
        Should the pontoon collapse, fail or otherwise suffer structural      As soon as reasonably
        consequences which impact their integrity or ability to function as   practicable subsequent
        intended, the works must be:                                          to the damage
        (a) reinstated in accordance with this development approval; or
        (b) removed and disposed of at an appropriately licensed facility.
11.
        Submit “As Constructed drawings” to [email protected] or mail       Within two (2) weeks of
        to:                                                                   the completion of the
                                                                              works
                 Department of Environment and Science
                 Permit and License Management
                 Implementation and Support Unit
                 GPO Box 2454
                 Brisbane Qld 4001




State Assessment and Referral Agency                                                            Page 4 of 5

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                                                                                      2010-19429 SER



Attachment 2—Reasons for decision to impose conditions

Reasons for the SARA’s decision

The reasons for the decision are:

    The development is a private use pontoon.
    The development meets fasttrack5 requirements and has provided owners consent.
    The works are to be carried out in accordance with the approved plan.
    The proposed pontoon does not impede navigation.

Material used in the assessment of the early referral response:

       Development application material
       SDAP, version 2.6
       Planning Act 2016
       Planning Regulation 2017




 State Assessment and Referral Agency                                                    Page 5 of 5

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GE78-N




State Assessment and Referral Agency (SARA)
Statement of reasons for application 2010-19429 SER
(Given under section 56 of the Planning Act 2016)

 SARA role:                         Referral agency

Applicant details
 Applicant name:                    Body Corporate for the Commodore
 Applicant contact details:         PO Box 202
                                    Labrador QLD 4215
                                    [email protected]

Location details
 Street address:                    80 Noosa Parade, Noosa Heads
 Real property description:         0BUP3661
 Local government area:             Noosa Shire Council

Development details
 Development permit                 Operational work for a pontoon for private use

Assessment matters
  Aspect of development                  State Development Assessment Provisions (SDAP)
  requiring code assessment              applicable codes
  1. Operational work                    State Code 8: Coastal development and tidal works
  2. Operational work                    State Code 7: Maritime safety


Reasons for the department’s decision
The reasons for the decision are:
  The development is a private use pontoon in the coastal management district.
  The development meets fasttrack5 requirements and has provided owners consent.
  The works are to be carried out in accordance with the approved plan.
  The proposed pontoon does not impede navigation.

Material used in the assessment of the early referral response:
    Development application material
    SDAP, version 2.6
    Planning Act 2016
    Planning Regulation 2017




                                                                         Fitzroy/Central regional office
                                                                         Level 2, 209 Bolsover Street,
                                                                         Rockhampton
 Page 1 of 1                                                             PO Box 113, Rockhampton QLD 4700

Page 7

                                                     LOT   0          LOT       0                   LOT   270
                                                                      ON BUP 3661




                                                               SITE PLAN   SCALE 1 : 300




IT IS THE OWNERS RESPONSIBILITY TO ENSURE THAT ANY
VESSEL BERTHED DOES NOT EXCEED THESE MAXIMUMS

DO NOT SCALE DRAWINGS.                                              ELEVATION       SCALE 1 : 100

Page 8

PONTOON PLAN     SCALE 1 : 30




SECTION A - A   SCALE 1 : 25


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No: DATE REVISION DRAWN BY’ ATLAS MARINE INTERNATIONAL DATE (PROJECT PROPOSED PONTOON AND GANGWAY CERTIFIED
TRADING AS ¢ SUPERIOR? 18/08/2020 orc. rire PONTOON CONSTRUCTION DETAILS MARK WICHLINSKI
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REPRODUCED, STORED IN A RETRIEVABLE SYSTEM REVISION NO: NOOSAVILLE 7 Van ewe
IN ANY FORM, OR TRANSMITTED BY ANY MEANS Phi (07) 5594 8200
WITHOUT PRIOR WRITTEN PERMISSION OF Fax: (07) 5594 8222 DRAWN BY DESIGNED CHECKED BY PAPER SIZE STALE NPER No 832296
ATLAS MARINE INTERNATIONAL PTY, LTD. Email: info@superior jetties.com MED. Mw. A3B AS NOTED RPEQ: 1643, RPB: EC36234 1

 

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Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1
regarding representations about a referral agency response



Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
        further period agreed ends, change its referral agency response or give a late referral agency
        response before the application is decided, subject to section 28.2 and 28.3.
28.2. A concurrence agency may change its referral agency response at any time before the application
        is decided if—
        (a) the change is in response to a change which the assessment manager is satisfied is a change
              under section 26.1; or
        (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or
        (c) the applicant has given written agreement to the change to the referral agency response.2

28.3. A concurrence agency may give a late referral agency response before the application is decided,
        if the applicant has given written agreement to the late referral agency response.
28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),
        the concurrence agency must—
        (a) give notice of its intention to change its referral agency response to the assessment manager
              and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
              and
        (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
              further period agreed between the applicant and the concurrence agency, to give an amended
              referral agency response to the assessment manager and a copy to the applicant.




1   Pursuant to Section 68 of the Planning Act 2016
2   In the instance an applicant has made representations to the concurrence agency under section 30,
    and the concurrence agency agrees to make the change included in the representations, section
    28.2(c) is taken to have been satisfied.


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Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application
        is decided, about changing a matter in the referral agency response.3




3   An applicant may elect, under section 32, to stop the assessment manager’s decision period in which
    to take this action. If a concurrence agency wishes to amend their response in relation to
    representations made under this section, they must do so in accordance with section 28.


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