2307-35698 SER_Amended response - with conditions

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                                                                                           2307-35698 SER



Referral triggers
The development application was referred to SARA under the following provisions of the Planning
Regulation 2017:
          10.17.3.1.1             Tidal works or work in a coastal management district
          10.17.3.2.1             Tidal works or work in a coastal management district

Conditions
Under section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached
to any development approval.

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

Approved plans and specifications
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
 Aspect of development: Operational works
 Proposed replacement              Superior Jetties          07/08/2023      20209-D01           A
 pontoon and gangway
 (as amended in red)

A copy of this response has been sent to the applicant for their information.

For further information please contact Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Paul Gleeson
Principal Planning Officer

cc        JACLYN ANN GAZAL, [email protected]

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




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Attachment 1—Changed conditions to be imposed


 No.     Conditions                                                               Condition timing
 Development Permit for operational work
 Schedule 10, Part 17, Division 3, Table 1, Item 1 – Tidal works or work within a coastal management
 district —The chief executive administering the Planning Act 2016 nominates the Director-General of
 the Department of Environment and Science 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 conditions:
 1.      The development must be carried out generally in accordance with         For the duration of
         the following plan (as amended in red):                                  works and to be
                                                                                  maintained
         Proposed replacement pontoon and gangway, prepared by Superior
         Jetties, dated 07/08/2023, drawing number 20209-D01, version A
 2.      The works to which this approval relates are to be for a private         At all times
         purpose only.
 3.      Any operator and contractor involved in the works to which this          During construction
         approval relates must:

              (a) be provided a copy of 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
              (d) operate such measures, plant and equipment in a proper
                  and efficient manner
 4.      For the proposed works only use material which are free from             During construction
         contaminants as defined under section 11 of the Environmental
         Protection Act 1994.
 5.      Should the works become damaged as a result of erosion, flooding         At all times
         or storm tide inundation, the registered landowner(s) of the subject
         land shall be responsible for the removal of all debris at their own
         expense.
 Schedule 10, Part 17, Division 3, Table 2, Item 1 – Tidal works or work within 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 conditions:
 6.      The development must be carried out generally in accordance with         At all times
         the following plan (as amended in red):

         Proposed replacement pontoon and gangway, prepared by Superior
         Jetties, dated 07/08/2023, drawing number 20209-D01, version A
 7.      (a) Light/mark all vessels, structure, plant and equipment associated    For the duration of
             with the works, in accordance with Section 3 of AS4282-1997          works and for operation
             Control of the obtrusive effects of outdoor lighting.                to be maintained at all
                                                                                  times
         Lighting provided must not obscure, disguise or otherwise interfere
         with the safe navigation of other vessels, including the effectiveness
         of navigational lighting.


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8.      The construction, operation and maintenance of the pontoon. And        For the duration of
        any ship berthed, moored or attached to the structure, must not:       works, and at all times

           (a) encroach into, pass over or under a navigation corridor or
           (b) be located in a high risk maritime zone; or
        impede the safe navigation of other ships or boats; or restrict safe
        access to or from neighbouring structures
9.      Remove and dispose of any debris or similar obstruction                For the duration of
        encountered whilst undertaking the work at an appropriately licensed   works
        facility.
10.     All piles and/or structure to be demolished, both above and below      Prior to the completion
        the waterline must be completely extracted/removed.                    of the works




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Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
    The proposed development is for operational work for prescribed tidal works to construct a
       pontoon at 47 Mossman Court, Noosa Heads, which is formally described as Lot 88 on N2184.
    The pontoon and gangway is for private use and for one vessel with a maximum wet vessel
       beam of 4 metres.
    The proposed structure, including any vessel berthed, moored or attached to the structure:
           o will not encroach into, pass over or under a navigation corridor, and
           o is not located in a high-risk maritime development zone.
    The proposed structure meets the FT5 qualifying criteria checklist 4 and complies with the SDAP,
       subject to conditions to ensure:
           o the development is carried out generally in accordance with the plans of development
                submitted with the application
           o that at all times, all lights on or above the development site do not interfere with safe
                navigation in surrounding waterways
           o the development does not encroach on the navigation corridor or high-risk maritime zone
                to ensure the safe passage of vessels
           o that debris from the development does not create a hazard to navigation
           o that there is no residual material that could create a hazard to navigation.
    The proposed structure meets the FT5 qualifying criteria checklist 5 and complies with the SDAP,
       subject to conditions to ensure:
           o the development is carried out generally in accordance with the plan of development
                submitted with the application.
           o that at all times, the works, to which this approval relates are for private purpose only.
           o any operator and contractor involved in the works ensures impacts on coastal values
                (water quality) are avoided or minimised.
           o works only use materials which are free from contaminants as defined under section 11
                of the Environmental Protection Act 1994.
           o damaged works as a result of erosion, flooding or storm tide inundation, the registered
                landowner(s) of the subject land shall be responsible for the removal of all debris at their
                own expense.

Materials used in the assessment of the early referral response:
    The development application material and submitted plans
    Planning Act 2016
    Planning Regulation 2017
    State Development Assessment Provisions (version 3.0), as published by SARA
    The Development Assessment Rules




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