Recommendation - Noosa Iconic Panel - 010.2008.00001787.001 [As Published] · 132008.1787

Page 21 of 25


[OCR of page images]
EPA Permit number: _1PCC01277908

 

 

 

IBUP4864, Lot 8 Plan BUP4864, Lot 9 Plan BUP4864, Lot CP Plan BUP4864, Lot CP]
Plan SP103607

19 Hastings ST.NOOSA [Lot 12 Plan RP908660

IHEADS QLD 4567

9 Hastings ST.NOOSA [Lot 4 Plan RP893438

IHEADS QLD 4567

 

 

 

 

Reasons for inclusion of Development Conditions

In accordance with section 3.3.18(8) of the integrated Planning Act 1997 and section 27B of the Acts
interpretation Act 1954, the reasons for the inclusion of development conditions are:

The Environmental Protection Agency is a concurrence agency under the Integrated Planning Regulation 1998
for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or
aesthetic significance or value.

The Activity for which this development approval is issued is simply a restatement of the activity as prescribed
in the legistation at the time of issuing this development approval. Where there is any conflict between the
above description of the Activity for which this development approval is issued and the conditions as specified
in this development approval as to the scale, intensity or manner of carrying out of the Activity, then such
conditions prevail to the extent of the inconsistency.

This development approval authorises the Activity. It does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authorises that harm. Where there is
no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not be
construed as authorising harm.

Additional information for applicants

Itis a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 3 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within twenty
two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental
Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection
Act 1994,

This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104 of
the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals for
this development which may be required pursuant to this or other legislation, both State and Commonwealth.
Applicants are advised to check with all relevant statutory authorities for such approvals as may be required.

Currently the area for the proposed works has been developed to a scale and intensity that the preferred option
of retreat from an erosion prone area in not achievable. In such developed area, structural engineering and
stabilisation works will be initiated only as a last resort where erosion presents an immediate threat to public
safety or property and infrastructure that is not expendable. These works are the responsibility of the landholder
and are to be implemented within the landholders property boundary at their own expense.

Additional information for the Assessment Manager

The Environmental Protection Agency referral agency jurisdiction for the development application is confined to
that aspect of the application involving the triggers identified in the response. EPA has no referral agency
jurisdiction in relation to other aspects of the development application.

In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state
planning policy. The assessment manager is required to give due consideration to the relevant State planning
policies when deciding the application.

 

Page 2 of 6 Environmental Protection Agency

Page 21 of 25