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2505-45903 SRA RA6-N Response with conditions 14.05.25 · MCU25/0041

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RA6-N




SARA reference:        2505-45903 SRA
Council reference:     MCU25/0041 & OPW25/0063
Applicant reference:   05028



14 May 2025

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

Attention:       Mark Lewis


Dear Mr Lewis


SARA referral agency response—25 Wyuna Drive, Noosaville
(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 7 May 2025.


Response
Outcome:                           Referral agency response – with conditions
Date of response:                  14 May 2025
Conditions:                        The conditions in Attachment 1 must be attached to any
                                   development approval
Advice:                            Advice to the applicant is in Attachment 2
Reasons:                           The reasons for the referral agency response are in Attachment 3


Development details
Description:                        Development permit        Operational work for prescribed tidal work
                                                              (installation of new catwalk and pontoon
                                                              system)

SARA role:                        Referral agency
SARA trigger:                     Schedule 10, Part 17, Division 3, Subdivision 2, Table 1 (Planning
                                  Regulation 2017)


                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Level 4, Foundation Place 3 South Sea
                                                                             Islander Way, Maroochydore
 Page 1 of 6                                                                 PO Box 1129, Maroochydore QLD 4558
Full text of the other 5 pages

Page 2

                                                                                               2505-45903 SRA




                                    Development application for operational works within navigable
                                    waterways
SARA reference:                     2505-45903 SRA
Assessment manager:                 Noosa Shire Council
Street address:                     25 Wyuna Drive, Noosaville
Real property description:          Lot 12 on N10576
Applicant name:                     Wyuna Drive Pty Ltd ACN - 672 438 514
                                    C/- Marine Structures
Applicant contact details:              18 Ron Parkinson Crescent
                                        CORBOULD PARK QLD 4551
                                        [email protected]
Human Rights Act 2019               A consideration of the 23 fundamental human rights protected under
considerations:                     the Human Rights Act 2019 has been undertaken as part of this
                                    decision. It has been determined that this decision does not limit
                                    human rights.


Representations
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 (chapter 1, part 7, section 30 of the
Development Assessment Rules). Copies of the relevant provisions are in Attachment 4.

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

For further information please contact Karina McGill, Principal Planning Officer, on 07 5352 9707 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Cavannah Deller
A/ Principal Planning Officer

cc      Wyuna Drive Pty Ltd ACN - 672 438 514 C/- Marine Structures, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions




 State Assessment and Referral Agency                                                             Page 2 of 6

Page 3

                                                                                                    2505-45903 SRA




Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                       Condition timing
 Development Permit – Operational Work
 Schedule 10, Part 17, Division 3, Table 2, Item 1 – 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 conditions:
 Approved plan(s)
 1.      The development must be carried out generally in accordance with the             At all times
         following plans:
           Site plan and water allocation prepared by Marine Structures
              dated 15/01/2025, drawing no. TJS-05028-01, Revision B
           Layout plan prepared by Marine Structures dated 10/02/2025,
              drawing no. TJS-0528-02, Revision B.
 Lighting
 2.      (a) Light/mark all vessels, structures, plant and equipment associated           For the duration of
             with:                                                                        works for operational
               i.   the works, in accordance with the following specifications:           to be maintained at
                         any anchors deployed must be marked with yellow                 all time
                            buoys and fitted with FL yellow lights fitted
              ii.   operations, in accordance with the following specifications:
                         section 3 of AS4282-1997 Control of the obtrusive
                            effects of outdoor lighting
         (b) Lighting provided must not obscure, disguise or otherwise interfere
             with the safe navigation of other vessel, including the effectiveness
             of navigational lighting.
 Protection of navigable waterways
 3.      The construction, operation and maintenance of the pontoon and any               For the duration of
         ship berthed, moored or attached to the structure, must not:                     works, and at all
             (a) encroach into, pass over or under a navigation corridor                  times
             (b) be located in a high-risk maritime zone
             (c) impede the safe navigation of other ships or boats
             (d) restrict safe access to or from neighbouring structures.
 4.      Remove and dispose of any debris or similar obstruction encountered              For the duration of
         whilst undertaking the work at an appropriately licensed facility.               works, and at all
                                                                                          times
 5.      All piles and/or structure to be demolished both above and below the             Prior to the
         waterline must be completely extracted/removed.                                  completion of the
                                                                                          works




 State Assessment and Referral Agency                                                                    Page 3 of 6

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                                                                                         2505-45903 SRA




Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP) (version 3.2). If a word remains
        undefined it has its ordinary meaning.




State Assessment and Referral Agency                                                         Page 4 of 6

Page 5

                                                                                          2505-45903 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The development application is for a development permit for operational work that is prescribed tidal
   work for installation of new catwalk and pontoon system.
 The development site is located at 25 Wyuna Drive, Noosaville (formally described as Lot 12 on
   N10576) within a canal.
 The proposed development has been assessed against and complies with State code 7: Maritime
   Safety of the SDAP version 3.2, with conditions. In particular, the development:
       o does not compromise the viable operation of aids to navigation
       o does not compromise the safe operation of vessels in navigable waterways.

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.2), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




 State Assessment and Referral Agency                                                         Page 5 of 6

Page 6

                                                  2505-45903 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 6 of 6

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