2208-30467 SRA - Response with conditions

                                                                                                    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


 State Assessment and Referral Agency                                                                   Page 3 of 9