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

                                                                             SPL-1216-035751


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);



Department of Infrastructure, Local Government and Planning                     Page.3