App3 - DILGP Pre-lodgement Written Advice · OPW17/0024

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Site details
Street address:                           9 Cardell Road, Tewantin QLD 4565

Real property description:                Lot 20 on CP907535
Site area:                                1,127m²
Local government area:                    Noosa Shire Council
Existing use:                             Jetty and Marine Facilities
Relevant site history:                    Lease initially issued in 1951 for marine type facilities. A
                                          new term lease of 30 years was issued to current lessee in
                                          2015 with requires as part of the terms and conditions of the
                                          new lease to conduct upgrades to the structure on site.

Proposed development details
Development type:                         Operational work
Development description:                  Prescribed Tidal Works – Alterations and additions to
                                          existing jetty

Supporting information


                                                                                    Version and
Plan / Report title                        Author               Reference no.
                                                                                    date
Site Plan large                            Natani Design        A001                Rev. A
                                                                                    07/11/2016
Site Plan                                  Natani Design        A002                Rev. A
                                                                                    07/11/2016
Site Plan Demo                             Natani Design        A003                Rev. A
                                                                                    07/11/2016
Set Out Plan                               Natani Design        A101                Rev. A
                                                                                    07/11/2016
Office Floor Plan and                      Natani Design        A201                Rev A
Elevations                                                                          12/12/2016
Store Plans and                            Natani Design        A202                Rev A
Elevations                                                                          12/12/2016

The following advice outlines the matters of interest to the department and matters that
should be addressed if you proceed with your proposal to application stage.




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Pre-lodgement Advice

Item      Discussion and advice
Department of Agriculture and Fisheries (DAF)
Removal, destruction or damage of marine plants
1.        The proposed works occur within the tidal reaches of the Noosa River, therefore it
          is possible that the proposed works will involve the removal, destruction or damage
          of marine plants.
          Marine plants include:
               any plant (a tidal plant (including marine algae) that usually grows on or
                   adjacent to tidal lands whether it is living, dead, standing or fallen; or
               any plant material on tidal land (up to the level of Highest Astronomical Tide
                   (HAT))
          Plants such as mangroves, mangrove fern, saltcouch or samphire species are
          considered marine plants regardless of whether or not they are above or below the
          level of HAT.
          Marine plants do not include:
               a plant that is prohibited matter or restricted matter under the Biosecurity
                   Act 2014; or
               a plant that is controlled biosecurity matter or regulated biosecurity matter
                   under the Biosecurity Act 2014
          Marine plant protection applies irrespective of the tenure (e.g. unallocated state
          land and all state tenured lands, including private freehold and leasehold lands) of
          the land on which the plant occurs, the time the plant has been growing at the
          location, or the degree of or purpose of the disturbance.
2.        Any works involving the removal, destruction or damage of marine plants must be
          undertaken in accordance with one of the Department of Agriculture and Fisheries
          (DAF’s) self-assessable codes
          (https://www.daf.qld.gov.au/fisheries/habitats/fisheries-development/self-
          assessable-codes) or under a development approval.
          The proposed works appear not to meet the requirements of any of DAF’s self-
          assessable codes and therefore may require a development approval.
          If possible, avoiding marine plant disturbance would remove the need for an
          approval and potential fees for this component of the works.
3.        The applicant will need to provide the following in an application for a development
          approval:
               IDAS forms 1 and 26, and all mandatory supporting information as stated in
                   the forms;
               A full response to the relevant sections of the State Development
                   Assessment Provisions (SDAP), Module 5.3 Removal, destruction or
                   damage of marine plants state code;
               The total amount of marine plants that will be disturbed, identifying portion
                   of permanent and/or temporary disturbance (in square meters or hectares);
               A plan clearly showing the location of the marine plants to be disturbed in
                   relation to the development works;
               The location of Highest Astronomical Tide (HAT);



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Item      Discussion and advice
      If applicable, a plan clearly showing the location of the marine plants to be
      disturbed that will result in a Significant Residual Impact as defined under the
      Environmental Offsets Act 2014.
4.    Should the works involve the removal, destruction or damage or marine plants, the
      applicant must demonstrate compliance with the SDAP, Module 5.3. The applicant
      should pay particular attention to the following Performance Outcomes (PO’s):
            PO3 - There is an overriding functional requirement for the development or
               part of the development to be located on tidal lands;
                   o Marina offices do not depend on their location to be on or over tidal
                        lands to function. Alternatives of lesser impact exist.
            PO8 - Development of, or adjacent to, fish habitats avoids the unnecessary
               loss, degradation or fragmentation of fish habitats and their values and the
               loss of fish movement.
            PO17 - Works for dredging or extracting sediment for private infrastructure
               are only undertaken where there is an overriding public need exists for the
               work.
            PO20 - Maritime infrastructure providing for private access avoids impacts
               on marine plants and fish habitat.
            PO25 - Impacts to marine plants or legally secured offset areas for marine
               plants are avoided or mitigated, and an environmental offset is provided for
               any significant residual impact.
5.    In accordance with PO25 of the SDAP Module 5.3, the department maintains an
      ‘avoid, mitigate, offset’ requirement that applies to those activities that will, or are
      likely to, have a significant residual impact on prescribed environmental matters.
      Depending on the type of works being proposed and the amount of marine plants
      to be disturbed, the works may have a Significant Residual Impact.
      The applicant will need to provide details on how the impacts to fish resources will
      be avoided or minimised and where this cannot be reasonably achieved, offset
      (see DILGP’s Environmental offsets and the planning framework factsheets and
      guidelines for further details).
Development completely or partly within a declared Fish Habitat Area
6.    Lot 20 on CP907535 immediately adjoins the Noosa River declared Fish Habitat
      Area (FHA), management A area. Management A areas are the strictest
      management level for declared FHAs.
      Development within a declared FHA must be conducted in accordance with one of
      the DAF’s self-assessable codes, or under a development approval. Should the
      applicant be proposing works (temporary or permanent) within the declared FHA it
      is advised that the applicant review DAF’s self-assessable codes (particularly
      MP02 and or MP06) to determine if works can meet the requirements. If not, a
      development approval is required.
7.    If any works occur in the declared FHA and require a development approval, a
      Resource Allocation Authority (RAA) will also be required under the Fisheries Act
      1994.
      RAAs authorise interference with a declared FHA, as required under section 76A
      of the Fisheries Act 1994.
      Section 215 of the Fisheries Regulation 2008 broadly outlines the restrictions on


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Item      Discussion and advice
      the issue of RAAs and the matters that must be taken into account in deciding an
      application:
            An RAA may only be issued in a declared FHA for a prescribed
               development purpose specified in section 214 of the Fisheries Regulation
               2008.
            Regard must be had to the effect of the development proposal on
               maintenance of:
                   o community use of the area (particularly fishing activities);
                   o the effect of the development on the maintenance of the natural
                       condition of fish habitats and natural processes in the area within a
                       management A area;
                   o the effect of the development on current fish habitat values and
                       functions of a management B area.
      Further information on RAA’s and the relevant application forms can be found at
      https://www.daf.qld.gov.au/fisheries/habitats/fisheries-development/making-an-
      application.
      Avoiding the FHA would remove the need for the aforementioned approvals and
      potential fees for this component of the works.
8.    As per PO2 of the SDAP Module 5.1, for works to be supported within a declared
      FHA, the proposed works need to meet one of the prescribed development
      purposes specified in section 214 of the Fisheries Regulation 2008
      It is advised that the applicant review Operational Policy: Management of declared
      Fish Habitat Areas to determine what prescribed development purpose any
      proposed works in the declared FHA would meet.
9.    An application for development approval for works completely or partly within a
      declared FHA must include the following information:
            IDAS forms 1 and 26, and all the mandatory supporting information as
               stated in the forms;
            A full response to the relevant section of the SDAP, Module 5.1
               Development in a declared Fish Habitat Area state code.
Department of Environment and Heritage Protection
10.   The proposed works may be able to be carried out under the Department of
      Environment and Heritage Protection’s Excluded Works (Coastal) Guideline under
      Schedule 26 Item 2. It is recommended that the applicant read the relevant
      sections of the guideline to determine if the proposed development meets the
      exclusion and is compliant with the conditions and restrictions imposed by the
      Excluded Works Framework.

          The Department of Environment and Heritage Protection Excluded Works (Coastal)
          Guideline can be found at: https://www.ehp.qld.gov.au/coastal/development/pdf/gl-
          excluded-works-em2734.pdf.

          EHP can also provide advice as to whether proposed works is able to be carried
          out under this Excluded Works (Coastal) Guideline.
11.       If the proposed works do not satisfy the criteria required by the Department of
          Environment and Heritage Protection’s Excluded Works (Coastal) Guideline under


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Item      Discussion and advice
      Schedule 26 Item 2, ‘for construction’ plans certified by a registered RPEQ will
      need to be provided, which outline the proposed development in relation to the
      following:
            real property boundaries
            the high water mark (mean high water spring)
            the coastal management district
            the erosion prone area and/or coastal hazard area
            any areas of ecological significance
12.   The trigger for ERA 16 (dredging) is 1000t/year. If the proposed development is not
      removing over 1000t/year of material below the high water mark, an approval for
      dredging will not be required. Minor benthic disturbance will be assessed as part of
      the tidal works assessment.
Department of Natural Resources and Mines (State Land Assessment Management
(SLAM))
13.   From the drawings provided, it appears the proposal wouldn’t contravene the
      purpose or conditions of existing lease TL238411, over Lot 20/CP907535. However
      all works to be carried out would be subject to compliance of the conditions of the
      lease which does include development and use of the land meeting with Planning
      Scheme, Local Laws and requirements of the Noosa Shire Council.
Department of Transport and Main Roads (Maritime Safety Queensland (MSQ))
14.   The proposed works involves prescribed tidal works which requires referral under
      Schedule 7, Table 2, Item 15 of SPR.
      Any development application made is to provide a response to the latest version of
      the State Development Assessment Provisions (SDAP) Module 14–Maritime
      safety, identifying how the proposed development meets each performance
      outcome by addressing all applicable acceptable outcomes.

          The application will need to provide the following details –
               The maximum size of vessel associated with each berth. Length, Beam,
                 Displacement.
               Confirm the lighting will be placed on the structure to ensure visibility by
                 mariners.
               Construction methodology if marine civil plant is to be used.
               If the marina is to hold six (6) vessels or more, the application should
                 demonstrate what arrangements will be made for management of sewage
                 under Policy 6 of the State interest guideline – Coastal environment – April
                 2006 and Appendix 2 – SPP code: Ship-source pollutants reception
                 facilities in marinas of the State Planning Policy.




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If you require any further information, please contact Candace Mitchell, Senior Planning
Officer, on 5352 9708 who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)




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