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2208-30467 SRA - Response with conditions
Attached to the e-mail MCU22/0118 - SRA application correspondence - Referral agency response – with conditions.
RA6-N SARA reference: 2208-30467 SRA Council reference: MCU22/0118 Applicant reference: 18006 7 February 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Dear Sir/Madam SARA referral agency response—142 Noosa Drive, Noosa Heads (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 18 August 2022. Response Outcome: Referral agency response – with conditions Date of response: 7 February 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Material change of use for short-term accommodation (16 Eco-Cabins) SARA role: Referral agency SARA trigger: Schedule 10, Part 10, Division 3, Subdivision 3, Table 1 (Planning Regulation 2017) South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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2208-30467 SRA
Development interfering with koala habitat in koala habitat areas
outside koala priority areas
SARA reference: 2208-30467 SRA
Assessment manager: Noosa Shire Council
Street address: 142 Noosa Drive, Noosa Heads
Real property description: Lot 203 on SP267424, Lot 3 on SP126203, Lot 0 on SP203415, Lot 0
on SP203417 and Lot 200 on SP267421
Applicant name: Royal Automobile Club of Victoria (RACV) Ltd
Applicant contact details: C/- Adamson Town Planning
312 Lake MacDonald Drive
Cooroy QLD PO Box 894
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.
Representations
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 (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
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
Manager
cc Royal Automobile Club of Victoria (RACV) Ltd, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
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2208-30467 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
Condition
No. Conditions
timing
Material change of use for short-term accommodation (16 eco-cabins)
10.10.3.3.1.1 – Development interfering with koala habitat in koala habitat areas outside koala priority
areas—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. Clearing is limited to the removal of 54 non-juvenile koala habitat trees At all times
identified as ‘Remove’ and ‘TBC’ on plan titled Site Plan – (TPZ) Tree
Retention / Removal, prepared by Aspect, dated 15/11/2022, Drawing
reference 21-0910_A10-08, Revision E.
2. To mitigate impacts on koala habitat values and ensure connectivity is (a) Prior to the
maintained: commencement
(a) Enter into an environmental covenant in accordance with Section 97A of of the use and to
the Land Title Act 1993 for the area identified as ‘Environmental covenant be maintained at
area’ in plan titled Site Plan, prepared by Aspect, dated 05/12/2022, Drawing all times
number 21-0910_A10-01, Revision G as amended in red by SARA on 7
February 2023 for the purpose of protecting koala habitat and matters of (b) Within 6
State environmental significance in perpetuity. The Covenant must detail the months of the
purpose, responsibilities, liabilities, measures, remedies and intents as entering into the
necessary to ensure the management of the Covenant Area and must covenant
include the following:
i. That the Owner(s) must comply with the Covenant.
(c) Within 2
ii. That the Owner(s) must take reasonable measures to ensure the
weeks of the
native vegetation and environmental values of the Covenant Area
registration of
will be maintained and protected.
the covenant
iii. That the Owner(s) must take all reasonable measures to ensure the
Covenant Area is only used in a manner that maintains and protects
the native vegetation and habitat values within the Covenant Area. (d) At all times
iv. That the Owner(s) is responsible for taking reasonable action to
rectify any adverse impacts to the Covenant Area.
v. That only maintenance of understorey vegetation for bushfire
management purposes and trimming of limbs overhanging the
cabins can be carried out within the covenant area.
vi. That any trimming of tree limbs overhanging the cabins must be
carried out by a suitably qualified arborist.
vii. That non-juvenile koala habitat trees must not be removed within the
covenant area for any purpose.
viii. That rehabilitation of the covenant area with a species composition
and structural density based on regional ecosystem 12.2.7 must be
undertaken.
ix. The following must be excluded from the Covenant Area:
a. All buildings and structures including but not limited to
swimming pools, tennis courts, retaining walls, stormwater
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infrastructure, wastewater infrastructure, fences (other than
koala-friendly fencing);
b. Firebreaks;
c. Earthworks;
d. Effluent and wastewater treatment and disposal;
e. Placing or storing of soil, rock, rubbish, garbage, waste or
similar materials;
f. Vehicle access and maneuvering;
g. Parking;
h. Landscaping with species that are not endemic to the
regional ecosystem;
i. Keeping or permitting the entry of domestic animals or any
other animals that are not indigenous to the Covenant Area;
and
j. Any other act which may have an adverse impact on the
values of the Covenant Area.
x. Powers of entry.
xi. A copy of the development approval that established the Covenant.
(b) Lodge the endorsed Covenant Form 31 with the Registrar of Titles for the
relevant Queensland State Government Authority.
(c) Submit a copy of the registered Covenant to the Department of
Environment and Science at: [email protected] or GPO
Box 2454 Brisbane Queensland 4001.
(d) Comply with the Covenant.
3. (a) All clearing and construction activities must be carried out in accordance (a) Prior to any
with ‘Koala Management Plan, RACV Noosa Eco Resort’, prepared by building or
Ecoteam Environmental Scientific Services, dated 27 January 2023, operational
version 4. works being
undertaken.
(b) If a sick, injured, orphaned or dead koala is identified on site, the incident
must be reported by phoning 1300 264 625 so that treatment can be (b) Immediately
given as required. upon
identification of
(c) If a Koala is injured, killed or orphaned as a result of site activities, the the koala.
Department of Environment and Science must be contacted within 48
hours of the incident occurring via phone on 1300 130 372 (select Option
4), or via email to [email protected].
(d) A register of all fauna incidents and interactions must be maintained daily
during clearing operations.
(e) A copy of the fauna register must be provided to the Department of
Environment and Science at [email protected] within 10
business days of completion of clearing works.
Details of the closest wildlife hospital must be kept on site during all clearing
and construction activities.
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4. (a) A rehabilitation plan must be prepared by an appropriately qualified (a) and (b) To
person(s), and must address as a minimum: commence no
more than 1
i. The rehabilitation objectives for the site.
month after the
ii. The weed control measures that will be implemented.
completion of
iii. The revegetation measures that will be implemented.
clearing works.
iv. How the vegetation planted as a result of the rehabilitation work will
be suitably maintained.
(c) To
(b) Provide the rehabilitation plan to the Department of Environment and commence no
more than 3
Science via email to: [email protected] or mail to:
months after
Koala Assessment and Compliance
completion of
Department of Environment and Science
clearing works.
GPO Box 2454 Brisbane Queensland 4001
(c) Undertake the rehabilitation in accordance with the rehabilitation plan; (d) Within 3
and months of the
completion of
the rehabilitation
(d) Provide certification by an appropriately qualified person(s) that (a), (b)
works.
and (c) have been fulfilled, to the Department of Environment and Science
via email to: [email protected]; or via mail to:
Koala Assessment and Compliance
Department of Environment and Science
GPO Box 2454 Brisbane Queensland 4001
5. Deliver an environmental offset in accordance with the Environmental Offsets Prior to
Act 2014 to counterbalance the significant residual impacts on the matter of commencing
any clearing
state environmental significance being 54 non-juvenile koala habitat trees.
works.
Note: Section 16 of the Environmental Offsets Act 2014 provides that when
an offset condition is imposed on an authority, a number of deemed
conditions are taken to apply. These deemed conditions are detailed in
sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
Contravention of a deemed condition is taken to be contravention of an
imposed condition.
More information on offset delivery can be found here:
https://www.qld.gov.au/environment/pollution/management/offsets/delivering.
Please send the notice of election to [email protected]. Provide Koala friendly measures in accordance with the Koala Sensitive Within 1 month
Design Guideline, prepared by the Department of Environment and Science of completion of
and dated December 2022, which is to include lit and unlit koala advisory clearing and
signage in accordance with the plan titled Indicative Koala Signage Plan, construction
prepared by Aspect, dated 01/02/2023, Drawing No. 21-0910_A10-12, works.
Revision A.
7. Any pools to be constructed are to be designed, constructed and maintained At all times.
as koala-safe pools as described in the Koala Sensitive Design Guideline,
prepared by the Department of Environment and Science and dated
December 2022.
8. Prior to the commencement of clearing activities, notify the Department of 72 hours prior to
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Environment and Science at [email protected] of: commencement
the expected date the clearing activity will commence; of vegetation
the expected duration of the clearing activity; clearing.
the name and contact details of the koala spotter that has been
contracted for the clearing activity; and
the name, contact details and authority number of the spotter
catcher that has been contracted for the clearing activity.
9. Where any new fencing is to be installed, fencing must be constructed and At all times
maintained as koala-friendly fencing in accordance with the Koala Sensitive
Design Guideline, prepared by the Department of Environment and Science
and dated December 2022.
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Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.
2. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
that apply to all persons undertaking the clearing of koala habitat trees. These requirements
include that clearing must be undertaken sequentially and in the presence of a koala spotter.
Penalties for non-compliance apply.
For further information please contact the Department of Environment and Science at
[email protected]. The development area contains areas mapped as a high-risk area on the protected plant flora
survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site, a clearing permit under the Nature
Conservation Act 1992 may be required.
4. The development area contains habitat for threatened and special least concern fauna species.
If the development requires tampering with a protected animal breeding place, a species
management program may be required.
More information on protected animal breeding places and species management programs can
be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
management-program
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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
The application is for a development permit for a material change of use for short-term
accommodation (16 eco-cabins).
The development is located at 142 Noosa Drive, Noosa Heads, also known as Lot 203 on
SP267424, Lot 3 on SP126203, Lot 0 on SP203415, Lot 0 on SP203417 and Lot 200 on SP267421
and has frontage to Noosa Drive.
The eco-cabins are proposed to be developed on Lot 3 with vehicle access via the existing resort on
Lot 203.
The development site (Lot 3) has mapped koala habitat area.
The proposed short-term accommodation will interfere with the mapped koala habitat area resulting
in 54 non-juvenile koala habitat trees being removed.
SARA has assessed the development application against the State Development Assessment
Provisions (SDAP), version 3.0, specifically State code 25: Development in the South East
Queensland koala habitat areas.
SARA finds that the development can comply with State code 25, subject to conditions to:
ensure the development is carried out generally in accordance with the plans of development
submitted with the application.
ensure clearing of koala habitat area is only undertaken where is has been approved by this
referral agency response.
ensure a conservation outcome is achieved where a significant residual impact is occurring to
koala habitat.
ensure appropriate infrastructure is established to support safe koala movement through the
development.
ensure all measures are taken to avoid injury or death of koala’s during the clearing activities.
manage compliance processes and procedures.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
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2208-30467 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 9 of 9