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SDA-0317-038203 N41-T38-s285 Concurrence agency response With conditions · MCU17/0020

Attached to the e-mail Concurrence agency response MCU17/0020.

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Our reference:    SDA-0317-038203
Your reference:   MCU17/0020


25 May 2017

The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
[email protected]

Attn:    Mr Patrick Murphy

Dear Mr Murphy

Concurrence agency response—with conditions
3 Sanders Street, Noosaville
(Given under section 285 of the Sustainable Planning Act 2009)


The referral agency material for the development application described below was received
by the Department of Infrastructure, Local Government and Planning (the department)
under section 272 of the Sustainable Planning Act 2009 on 29 March 2017.

Applicant details
Applicant name:                     Martoo Consulting
Applicant contact details:          PO Box 1864, Noosa Heads QLD 4567

Site details
Street address:                     3 Sanders Street, Noosaville
Lot on plan:                        Lot 250 on CP839190
Local government area:              Noosa Council


Application details
Proposed development:               Development Permit for a Material Change of Use for
                                    Aquaculture (Animal Husbandry – Type 2 – Intensive)




Page 1                                                                   SEQ West Region
                                                                         Level 4,117 Brisbane Street
                                                                         PO Box 129
                                                                         Ipswich QLD 4305
Full text of the other 9 pages

Page 2

                                                                                                    SDA-0317-038203



Aspects of development and type of approval being sought


      Nature of                       Approval Type             Brief Proposal of          Level of
     Development                                                   Description           Assessment
Material Change of               Development Permit           Aquaculture for          Impact
Use                                                           production of native     Assessment
                                                              saltwater fish within
                                                              above ground tanks


Referral triggers
The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger                  Schedule 7, Table 2, Item 28 – Aquaculture

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval.

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

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice
about the application to the assessment manager—see Attachment 3.

Approved plans and specifications
The department requires that the following plans and specifications set out below and in
Attachment 4 must be attached to any development approval.

   Drawing/Report Title                   Prepared by              Date         Reference no.   Version/
                                                                                                 Issue
Aspect of development: Material Change of Use
Hatchery Site Plan                   Bobbie Tomlinson         3 March 2017      0104            -


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




Department of Infrastructure, Local Government and Planning                                         Page 2

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                                                                                       SDA-0317-038203



For further information, please contact Kieran Hanna, Principal Planning Officer, SARA
SEQ West on (07) 3432 2404, or email [email protected] who will be
pleased to assist.

Yours sincerely




Ursula O’Donnell
Manager – Planning

enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Attachment 3—Further advice
          Attachment 4—Approved Plans and Specifications

cc:       Department of Agriculture and Fisheries, [email protected]
          Martoo Consulting, [email protected]




Department of Infrastructure, Local Government and Planning                            Page 3

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                                                                                         SDA-0317-038203




Our reference:      SDA-0317-038203
Your reference:     MCU17/0020


Attachment 1—Conditions to be imposed


No.        Conditions                                                           Condition timing
Development Permit for Material Change of Use for Animal Husbandry Type 2 Intensive
(Aquaculture)
Aquaculture—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive
administering the Act nominates the Director-General of the Department of Agriculture and
Fisheries (DAF) to be the assessing authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the following
conditions:
1.         The maximum pond area associated with the aquaculture facility       At all times
           is limited to a maximum pond area of 243m2, and must be carried
           out generally in accordance with the following plans:
                     Hatchery Site Plan, reference 0104, prepared by Bobbie
                      Tomlinson and dated 3 March 2017.
2.         Provide written notice to DAF Fisheries QLD (at                      Within 20 days of the
           [email protected] ), when the aquaculture facility use    commencement of
           has started. The written notice must state this concurrence          the use
           agency response reference number, being SDA-0317-038203.
3.         The operator is authorised to conduct aquaculture on and harvest     At all times
           the following species only:
           Common Name                       Scientific Name
           Queensland Grouper                Epinephelus lanceolatus
           Barramundi                        Lates calcarifer
           Flowery Cod                       Epinephelus fuscoguttatus
           Cobia                             Rachycentron canadum
           Barramundi Cod                    Cromileptes altivelis
           Maori Wrasse                      Cheilinus undulates
           Mud crab                          Scylla serrata
4.         Inform the Department of Agriculture and fisheries (via              Within 28 days of
           [email protected]) of any changes to the personal         changes to contact
           contact details for this development approval.                       details
           Note: Forms for reporting a change in contact details can be
           found at
           https://www.daf.qld.gov.au/fisheries/aquaculture/aquaculture-
           approvals
5.         Submit an aquaculture production return/survey in the approved       By close of business
           form to the Department of Agriculture and fisheries (via             on the 31 July each
           [email protected] ). This includes lodging a nil return   year
           when no activity has occurred.
           Note: The requirement to complete the production survey is a
           mandatory condition imposed on all holders of a current
           aquaculture development approval. Fisheries QLD contact
           aquaculture operators on an annual basis to complete the
           survey.




Department of Infrastructure, Local Government and Planning                                Page 4

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                                                                                             SDA-0317-038203




No.        Conditions                                                               Condition timing
6.         Aquaculture fisheries resources must not be released into                At all times
           Queensland waters (as defined in the Acts Interpretation Act
           1954) other than the tanks associated with the aquaculture use.
7.         Unless otherwise authorised by DAF Fisheries QLD, aquaculture            Upon
           fisheries resources must not be sold, traded or given away for the       commencement of
           purposes of using for bait. This includes the use of whole fish          the use and to be
           and any part of the fish.                                                maintained
8.         The movement of animals of any species cultivated under this             At all times
           deemed approval must comply with the relevant species specific
           health protocol. If a species being cultivated under this deemed
           approval does not have species specific health protocol
           conditions:
           (a) Animals of a species approved for aquaculture under this
               development approval must not be brought into Queensland
               for rearing without a health certificate or pathology report
               issued by the exporting state or territory’s fisheries, or a
               veterinary authority certifying the animals health, which must
               include a statement that the specimens originate from:
               (i) a hatchery, farm, aquaculture premises or region which is
                     recognised as free from infection by the diseases on the
                     Queensland Declared Disease List based on the
                     requirements listed in the World Organisation for Animal
                     Health (OIE) Manual of Diagnostic Tests for Aquatic
                     Animals, current edition (Fifth edition 2006 or later) [or
                     subsequent version thereof] for recognition as free from
                     infection;
               (ii) a hatchery, farm, aquaculture premises or region in which
                     an appropriately targeted surveillance scheme over 2
                     years has been undertaken under the supervision of state
                     or territory fisheries agencies or fisheries-approved
                     veterinary authorities, and where the requirements for
                     recognition as free from infection by diseases of concern
                     for that species on the OIE Manual of Diagnostic Tests for
                     Aquatic Animals, current edition (Fifth edition 2006 or
                     later) [or subsequent version thereof], have been met; or
               (iii) a single batch of gametes, larvae, fry, post-larvae, spat or
                     early juvenile or adult of a species of finfish, crustaceans
                     or molluscs, isolated from open waters, which has been
                     tested using suitable techniques (refer to DAF Health
                     Translocation Protocols appropriate for the approved
                     species) to provide evidence that the batch is free from
                     infection by diseases of concern on the Queensland
                     Declared Disease List for that species.
               (iv) Animals of an aquatic species that is not finfish,
                     crustacean or mollusc must not be brought into
                     Queensland for rearing without a specific risk assessment
                     and under a specific translocation protocol for that
                     species; and

           (b) Animals of a species approved for aquaculture under this
               development approval must not be brought into Queensland
               for rearing unless an “Application to allow the translocation of
               live aquatic animals into and within Queensland form”
               (FDU1398) and pathology report has been completed and the



Department of Infrastructure, Local Government and Planning                                    Page 5

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                                                                                           SDA-0317-038203




No.        Conditions                                                             Condition timing
              Department of Agriculture and Fisheries (assessing authority)
              has provided written acknowledgement and approval of the
              application and the pathology report.
              The “Application to allow the translocation of live aquatic
              animals into and within Queensland form” and a signed copy
              of the pathology report (as detailed above) must be provided
              to the Department of Agriculture and Fisheries (assessing
              authority) a minimum of 3 working days prior to all shipments
              into Queensland. It is a requirement that the pathology report/
              health certificate is dated no more than 14 days before
              shipment date.
              After arrival, any unusual clinical signs or mortalities in the
              stock must be reported immediately to the Queensland
              Boating and Fisheries Patrol. If directed by the Department of
              Agriculture and Fisheries (assessing authority) officer,
              specimens must be forwarded to a veterinary laboratory as
              directed by the officer.
9.         The possession and use of ‘regulated fishing apparatus’ under the      At all times
           Fisheries Regulation 2008, Chapter 4, Part 1, Division 4,
           Subdivision 1 (freshwater) and Subdivision 2, sections 188 and
           189 (marine), are authorised at the approved aquaculture area
10.        Construct and maintain all ponds and tanks to:                         Prior to the
              (i) avoid leakage;                                                  commencement of
              (ii) maintain a minimum 50cm freeboard from overtopping;            use and to be
                    and                                                           maintained
              (iii) minimise biosecurity and disease risks.
11.        All ponds, tanks and the drainage system must be designed and          At all times
           constructed to control the flow/release of water.
12.        Screen all ponds and tanks in such a way as to prevent the             At all times
           escape of any aquaculture specimens (eggs, juveniles or adults)
           into Queensland waters (as defined in the Acts Interpretation Act
           1954).
13.        Screen all intake waters to prevent the movement of any juvenile       At all times
           or adult wild fauna (excepting zooplankton) into the approved
           aquaculture area.
14.        The following must be made available for inspection by an              At all times
           inspector under the Fisheries Act 1994 during business hours:
               (i) the development approval, including this concurrence
                     agency response;
               (ii) any areas which are used for activities related to the
                     approved aquaculture operation (including processing);
               (iii) all records relating to the aquaculture activity.
15.        Broodstock and/or culture stock must only be obtained from a           At all times
           person with a commercial fishing boat licence, a Commercial
           Fisher, or holder of any other authority that allows the sale of the
           approved species.
16.        The movement of all barramundi must comply with the "Health            At all times
           Protocol for the Importation and Movement of Live Barramundi
           (FAMPR002)".




Department of Infrastructure, Local Government and Planning                                  Page 6

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                                                                              SDA-0317-038203




Our reference:      SDA-0317-038203
Your reference:     MCU17/0020


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To ensure the development is carried out generally in accordance with the plans of
   development submitted with the application.
 To ensure the aquaculture facility is designed and managed to prevent impacts on
   fisheries resources and fish habitats.
 To facilitate the monitoring of the aquaculture facility for compliance purposes.
 To ensure the development avoids and protects identified fish habitats and fisheries
   resources.
 To ensure the development will not increase the risk of mortality, disease or injury,
   compromise the health and productivity of fisheries resources.
 To ensure that broodstock is not collected from the wild without the correct permit.




Department of Infrastructure, Local Government and Planning                     Page 7

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                                                                                          SDA-0317-038203




Our reference:      SDA-0317-038203
Your reference:     MCU17/0020


Attachment 3—Further advice


Ref.    General advice
1.      The authority holder must be familiar with general biosecurity obligations under section 23 of
        Biosecurity Act 2014.
2.      This approval does not permit the collection of broodstock from the wild.
        To obtain broodstock or culture stock for the purpose of aquaculture, the authority holder
        must be familiar with:
                 the Department of Agriculture, Fisheries (DAF) guideline on “Broodstock and Culture
                  stock collection”, and
                 the Australian Government Great Barrier Reef Marine Park Authority (GBRMPA)
                  “Policy on Managing Activities that include the Direct Take of a Protected Species
                  from the Great Barrier Reef Marine Park”.




Department of Infrastructure, Local Government and Planning                                 Page 8

Page 9

                                                              SDA-0317-038203




Our reference:      SDA-0317-038203
Your reference:     MCU17/0020


Attachment 4—Approved plans and specifications




Department of Infrastructure, Local Government and Planning    Page 9

Page 10

                                                                                                                             5   10,000 Lts. underground
                                          Seawater
                                          supply pipe                                                                      sq mts waste storage tank
Waste
drainage pipe                                                                                            50,000 ltr.
                                                                                           50,000 ltr.




                                                                                                                                                                                                   Sanders Street
                                                                       50,000 ltr.
                                                                                                         16 sq mts
                                                                                           16 sq mts
                                                                       16 sq mts


                                                                                                                                                                          Algae
                                                                                                                                                                          tanks
            50,000 ltr.                                                                                                     5 sq mts 5 sq mts 5 sq mts




                                                                                                                                                                          each 0.3 sq mts
            16 sq mts                     50,000 ltr.                                                                       5,000 ltr 5,000 ltr 5,000 ltr




                                                                                                                                                                           each 200 Lts.
                                                                                                                                                                             (7 tanks)
           Brood stock                    16 sq mts                                   water storage
                                    n
                                                                                     4 x 50,000 Ltr
                                  io
                                                                                      Poly tanks                            5 sq mts 5 sq mts 5 sq mts
                                at
                            iltr                                                                                            5,000 ltr 5,000 ltr 5,000 ltr
                          F


            50,000 ltr.
            16 sq mts
           Brood stock
                                                                                                                                          Live feed
                                   n
                                 io
                               at
                            ltr
                          Fi
                                                                                                                                                           9,000 Lts.
                                                                                                                                                                          9,000 Lts.
            50,000 ltr.                                                                                                      9,000 Lts.                    9.6 sq mts
            16 sq mts                                                                                                                     9,000 Lts.                      9.6 sq mts
                                                                                                                            9.6 sq mts
           Brood stock                                                                                                                    9.6 sq mts
                                      n
                                   tio
                                 ra
                          F   ilt                       Brood stock                                                         Purging
                                                                                                                            tanks                                          3.2 sq mts
                                           Filtration




                                                         10,000 ltr
                                                         7 sq mtr
                                                                                                                                                                           Biofilter




                                                                                                                                                                   Sump
                                                                                                                           Purging
                                                                                                                           tanks                                              Protien skimmer
                  Filtration
                                           each 500 Lts. Live
          9,000 Lts.      9,000 Lts.        0.8 sq mt feed                                                                                                                  0.4 sq mts
          9.6 sq mts      9.6 sq mts        (6 tanks)    tanks



            Larval rearing tanks                                       Truck parking and
                                                        Refuse bin     turn-around bay
                       storage area                     storage area
                       screen




                                                                                                                       Drawn by Bobbie Tomlinson
                                                                                                                       Date 3 March 2017
                                                                                                                                                                Hatchery site plan
                                                                              Josh McNally
                                                                                                                       Scale      Not to scale
                                                                              Phone 04 0972 3829                       copyright 2017 Grouper industries        Drawing No.                 0104

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