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

                                                                           SPL-1216-035751


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


Department of Infrastructure, Local Government and Planning                   Page.5