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17481 SARA Pre-Referral
Attached to the e-mail Operational Works Application OPW20/0243 - DA Form 1 - Owners Consent - Plans - SARA Pre Referral - 27 Cooran Court NOOSA HEADS.
ER2-N
Our reference: 2011-19754 SER
4 December 2020
Sonia King
C/- Superior Jetties
PO BOX 202
LABRADOR QLD 4215
[email protected]
Attention: Ms Sonia King
Dear Ms King
Early referral response—with conditions
(Given under section 57 of the Planning Act 2016)
The State Assessment and Referral Agency (SARA) received your request for an early referral response
on 13 November 2020 for the proposed development application described below.
Applicant details
Applicant name: Sonia King
Applicant contact details: C/- Superior Jetties
PO BOX 202
LABRADOR QLD 4215
[email protected]
Location details
Street address: 27 Cooran Court, Noosa Heads
Real property description: Lot 205 on N21857
Local government area: Noosa Shire Council
Application details
Development permit Operational work for prescribed tidal works (removal of an existing jetty
and the construction of a pontoon)
Referral triggers
This early referral response is given for the following provisions of the Planning Regulation 2017:
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 6 PO Box 1129, Maroochydore QLD 4558
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Page 2
2011-19754 SER
10.17.3.1.1 Tidal works or work in a coastal management district
10.17.3.2.1 Tidal works or work in a coastal management district
Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.
Reasons for decision to impose conditions
SARA must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
Approved plans and specifications
SARA requires that the plans and specifications set out below and enclosed must be attached to any
development approval.
Drawing/report title Prepared by Date Reference no. Version/issue
Aspect of development: Operational work for pre
Site Plan, Elevation and Superior Jetties 10/08/2020 17481 – D01 B
General Notes
Pursuant to section 54(4) of the Act, you will not be required to refer your application to SARA if you
submit this early referral response in its entirety when making the application to the assessment
manager, and the following conditions are satisfied:
Any changes to the proposal before the application is made to the assessment manager do not
result in a substantially different development to that which was presented to SARA with the request
for an early referral response
The development application must be made to the assessment manager within 12 months of the
date of this early referral response.
For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Jamaica Hewston
Principal Planning Officer
enc Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Approved plans and specifications
State Assessment and Referral Agency Page 2 of 6
Page 3
2011-19754 SER
Attachment 1—Conditions to be imposed
No. Conditions Condition timing
Operational work for prescribed tidal works (removal of an existing jetty and the construction
of a pontoon)
10.17.3.1.1―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 Environment and Science
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:
1. The pontoon must be carried out generally in accordance with the For the duration of the
following plan: works and to be
maintained.
Site Plan, Elevation and General Notes prepared by Superior
Jetties, dated 10/08/2020, reference 17481 – D01 and
revision B.
2. The works to which this approval relates are to be for a private At all times.
purpose only.
3. Any operator and contractor involved in the works to which this During construction.
approval relates must:
a) be provided a copy of these referral agency conditions;
b) install all measures, plant and equipment necessary to
ensure compliance with the conditions of this approval;
c) maintain such measures, plant and equipment in a proper
and efficient condition; and
d) operate such measures, plant and equipment in a proper
and efficient manner.
4. For the pontoon works only use materials which are free from During construction.
contaminants as defined under section 11 of the Environmental
Protection Act 1994.
5. Should the works become damaged as a result of erosion, flooding At all times.
or storm tide inundation, the registered landowner(s) of the subject
land shall be responsible for the removal of all debris at their own
expense.
10.17.3.2.1―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:
6. The development must be carried out generally in accordance with For the duration of the
the following plans: works.
Site Plan, Elevation and General Notes prepared by Superior
Jetties, dated 10/08/2020, reference 17481 – D01 and
revision B.
7. a) Provide written notice to: a) At least two (2)
Regional Harbour Master weeks prior to the
Maritime Safety Queensland commencement of
Macarthur Avenue East works.
Pinkenba, Qld, [email protected]
State Assessment and Referral Agency Page 3 of 6
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2011-19754 SER
when the development authorised under this approval is
scheduled to commence.
Each notice must state this application number, the location
and name of registered place and the condition number
under which the notice is being given.
b) Provide written notice to: b) Within two (2) weeks
Regional Harbour Master of the completion of
Maritime Safety Queensland works.
Macarthur Avenue East
Pinkenba, Qld, [email protected]
when the development authorised under this approval has
been completed.
Each notice must state this application number, the location
and name of registered place and the condition number
under which the notice is being given.
8. “As Constructed” drawings of the approved structure must be Within two (2) weeks of
provided to: the completion of the
Regional Harbour Master works.
Maritime Safety Queensland
Macarthur Avenue East
Pinkenba, Qld, [email protected]
9. All vessels, structures, plant and equipment associated with the While the works are
construction of the approved works must be lit/marked in accordance occurring.
with the following specifications and requirements such that
undertaking the construction works does not cause a risk to the safe
navigation of ships:
(a) Any anchors deployed must be marked with yellow buoys
and fitted with FL yellow lights fitted.
(b) Lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
10. The structure must be lit/marked in accordance with the following At all times.
specifications, such that it does not cause a risk to the safe
navigation of other ships:
(a) Lighting must be provided in accordance with Maritime
Safety Queensland’s requirements and section 3 of AS
4282-1997 'Control of the obtrusive effects of outdoor
lighting’.
(b) Lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
11. (a) Any debris or similar obstruction encountered whilst At all times.
undertaking the work must be disposed of at the applicant’s
cost.
(b) All piles and/or structures to be demolished, both above and
below the waterline must be completely extracted/removed.
State Assessment and Referral Agency Page 4 of 6
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2011-19754 SER State Assessment and Referral Agency Page 5 of 6 [OCR of page images] 2011-19754 SER State Assessment and Referral Agency Page 5 of 6
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2011-19754 SER
Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
The proposed development is located in a developed tidal waterway (Noosa River).
The proposed development is for the removal of an existing jetty and the construction of a pontoon.
The proposed structure does not impede the safe movement of vessels in a navigable waterway.
To ensure the development is carried out generally in accordance with the plans of development
submitted with the application.
To facilitate the monitoring of the development works for compliance purposes.
To ensure that at times, all lights on or above the development site do not interfere with safe
navigation in surrounding waterways.
To ensure the development does not encroach on the navigable waterway in a way that impedes the
safe passage of vessels.
To ensure that the coastal resource (State land) is appropriately administered under the Coastal
Protection and Management Act 1995 and the Land Act 1994.
To ensure impacts on coastal values (water quality) are avoided or minimised.
To ensure importation of materials does not result in adverse impacts on coastal values. Chemical
and other contaminants have the potential to have an unacceptable impact on coastal values.
To ensure damaged structures do not impact on coastal resources and public safety.
Evidence or other material on which the findings were based
development application
State Development Assessment Provisions published by SARA (Version 2.6)
Planning Act 2016
Planning Regulation 2017
State Assessment and Referral Agency Page 6 of 6
Page 7
GE78-N
State Assessment and Referral Agency (SARA)
Statement of reasons for application 2011-19754 SER
(Given under section 56 of the Planning Act 2016)
SARA role: Referral agency
Applicant details
Applicant name: Sonia King
Applicant contact details: C/- Superior Jetties
PO BOX 202
LABRADOR QLD 4215
[email protected]
Location details
Street address: 27 Cooran Court, Noosa Heads
Real property description: Lot 205 on N21857
Local government area: Noosa Shire Council
Development details
Development permit Operational work for prescribed tidal works (removal of an existing jetty
and the construction of a pontoon)
Assessment matters
Aspect of development Applicable codes
requiring code assessment
Planning Regulation 2017, State Development Assessment Provisions (SDAP), version 2.6
Schedule 10, Part 17, Division 3, State code 8: Coastal development and tidal works
Table 1, Item 1 – Tidal works or
work in a coastal management
district
Planning Regulation 2017, SDAP, version 2.6
Schedule 10, Part 17, Division 3, State code 7: Maritime safety
Table 2, Item 1 – Tidal works or
work in a coastal management
district
The reasons for this decision are:
The proposed development is located in a developed tidal waterway (Noosa River).
The proposed development is for the removal of an existing jetty and the construction of a pontoon.
The proposed structure does not impede the safe movement of vessels in a navigable waterway.
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 2 PO Box 1129, Maroochydore QLD 4558
Page 8
2011-19754 SER
To ensure the development is carried out generally in accordance with the plans of development
submitted with the application.
To facilitate the monitoring of the development works for compliance purposes.
To ensure that at times, all lights on or above the development site do not interfere with safe
navigation in surrounding waterways.
To ensure the development does not encroach on the navigable waterway in a way that impedes the
safe passage of vessels.
To ensure that the coastal resource (State land) is appropriately administered under the Coastal
Protection and Management Act 1995 and the Land Act 1994.
To ensure impacts on coastal values (water quality) are avoided or minimised.
To ensure importation of materials does not result in adverse impacts on coastal values. Chemical
and other contaminants have the potential to have an unacceptable impact on coastal values.
To ensure damaged structures do not impact on coastal resources and public safety.
Evidence or other material on which the findings were based
development application
SDAP, version 2.6, published by SARA
Planning Act 2016
Planning Regulation 2017
State Assessment and Referral Agency Page 2 of 2
Page 9
IT IS THE OWNERS RESPONSIBILITY TO ENSURE THAT ANY VESSEL BERTHED DOES NOT EXCEED THESE MAXIMUMS DO NOT SCALE DRAWINGS.
Page 10
Development Assessment Rules—Representations about a
referral agency response
The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1
regarding representations about a referral agency response
Part 6: Changes to the application and referral agency
responses
28 Concurrence agency changes its response or gives a late response
28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.
28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—
(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or
(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or
(c) the applicant has given written agreement to the change to the referral agency response.2
28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.
1 Pursuant to Section 68 of the Planning Act 2016
2 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.
Page 1 of 2
Page 11
Part 7: Miscellaneous
30 Representations about a referral agency response
30.1. 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.3
3 An applicant may elect, under section 32, to stop the assessment manager’s decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.
Page 2 of 2