Apdx 3 - Show Cause Notice

Pursuant to Table 5.8.3 of the Noosa Plan 2020, on lots exceeding 5 hectares within the Rural Zone,
the excavation or filling of land for the purpose of constructing a dam is classified as Accepted
Development, subject to strict compliance with all Acceptable Outcomes of the Earthworks Code and
the Water Quality and Drainage Code.
In this instance, the works fail to comply with Acceptable Outcome AO12.1(b) of the Earthworks Code,
which stipulates that:
“Earthworks, including cut and fill batters and retaining walls, must be setback a minimum of 50 metres
from any property boundary.”
The works observed on site do not meet this requirement and therefore do not qualify as Accepted
Development. As such, the activity constitutes assessable development requiring a code assessable
Operational Works approval.
Accordingly, a Stop Work Notice was issued on Tuesday 4 November 2025.
Despite this directive, at a further inspection conducted on 6 November 2025 by Council officer’s it was
observed that the earthworks had continued in breach of the Stop Work Notice. Notably, on 6 November
2025, Council officers observed an excavator actively engaged in earthworks on the property.
This conduct constitutes a development offence under section 163 of the Planning Act 2016, namely
carrying out assessable development without a development permit. The continuation of works after
the issuance of a Stop Work Notice may also be considered a breach of lawful direction and a failure
to comply with enforcement action.
Accordingly, Council contends that you have committed and continue to commit an offence for which it
may prosecute you. You are invited to show cause why an Enforcement Notice should not be issued
under Section 168 of the Act. The maximum penalty for such offences is 4,500 penalty units.
If you do not show cause, Council through an Enforcement Notice, may require you to take action set
out in Section 168(2) of the Act, including (but not limited to):
1.    Cease all works other than to undertake erosion and sediment control to stabilise the site.
2.    Apply for a Development Approval
If you wish to avoid immediate prosecution, or service of an Enforcement Notice you MUST make
representations as detailed in Part 4 of this Notice within the specified time.

4.    REPRESENTATIONS CONCERNING THIS SHOW CAUSE NOTICE
You may make representations to show cause why an Enforcement Notice should not be given.
These representations should be made in writing and signed by the person to whom this Show Cause
Notice is issued.
The representations must be made by 5 December 2025 and sent to:
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Attention: Jamie Gordon ([email protected])
Should you have any further queries in relation to the above, please contact me on the above number.


Yours Faithfully



Jamie Gordon
Development Compliance Officer




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