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

                                                                             SPL-1216-035751


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


Department of Infrastructure, Local Government and Planning                     Page.4