2205-28613 SRA - Response with conditions (MCU220070)(OPW220116)

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                                              Schedule 10, Part 17, Division 3, Table 2 (Planning
                                               Regulation 2017) – Tidal works or work in a coastal
                                               management district

SARA reference:                         2205-28613 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         21 Witta Circle, Noosa Heads
Real property description:              Lot 99 on N21846
Applicant name:                         Malcolm Maclennan

Applicant contact details:              C/- The Jetty Specialist
                                        18 Ron Parkinson Cres
                                        Corbould Park Qld 4551
                                        [email protected]


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 Richard Wilson, Planning Officer, on 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Paul Gleeson
Principal Planning Officer

cc      Malcolm Maclennan, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions
        Attachment 5 - Approved plans and specifications




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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 plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Development permit for operational work
 Schedule 10, Part 17, Division 3 Table 1, Item 1 – Tidal works or works within 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 construction of the pontoon must be undertaken generally in                For the duration of
         accordance with the following plans:                                           works and to be
                                                                                        maintained.
             Site Plan, Layout Plan & Water Allocation prepared by The Jetty
              Specialist dated 25/01/2022, reference JSP-SJ-35810, revision
              A.
             Elevation prepared by The Jetty Specialist dated 25/01/2022,
              reference JSP-SJ-35811, revision A.
 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
         d) operate such measures, plant and equipment in a proper and
            efficient manner.
 4.      For the proposed 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
 Schedule 10, Part 17, Division 3 Table 2, Item 1 – Tidal works or works within 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               At all times.
         the following plan:
          Site Plan, Layout Plan & Water Allocation prepared by the Jetty
             Specialist dated 25/01/2022, reference JSP-SJ-35810, revision A
 7.      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:



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         Section 3 of AS4282-1997 Control of the obtrusive effects of
        outdoor lighting.
8.      The construction, operation or maintenance of the structure, and     At all times.
        any ship berthed, moored or attached to the structure, must not:
        a) encroach into, pass over or under a navigation corridor or
        b) be located in a high risk maritime zone.
9.      Any debris or similar obstruction generated whilst undertaking the   While works are
        work must be removed from the waterway and suitably disposed of      occurring.
        at the applicant’s expense.
10.     All piles and/or structure to be demolished both above and below     Prior to completion of
        the waterline must be completely extracted/removed.                  the works.




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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) v3.0. If a word remains undefined it has
        its ordinary meaning.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARAs decision are:
 The application is for a development permit for operational work to allow for removal of an existing
   pontoon system and the installation of a new pontoon system adjacent to 21 Witta Circle, Noosa
   Heads.
 The site is mapped as being in the coastal management district and within an erosion prone area.
 The prescribed tidal works will occur in a developed waterway that includes a navigation corridor.
 The proposed structure, including any vessel berthed, moored or attach to the structure:
       o will not encroach into, pass over or under a navigation corridor
       o is not located in a high risk maritime development zone.
 SARA finds the proposed structure meets the FastTrack5 qualifying criteria checklist 4.
 The development has been assessed against State code 7: Maritime safety (State code 7) and State
   code 8: Coastal development and tidal works (State code 8) of the State development Assessment
   Provisions (SDAP), version 3.0.
 SARA finds the development complies with State code 7 and State code 8, subject to conditions to
   ensure:
       o The development is carried out generally in accordance with the plans of development
           submitted with the application
       o that the coastal resource (State land) is appropriately administered under the Coastal
           Protection and Management Act 1995 and the Land Act 1994.
       o impacts on coastal values (water quality) are avoided or minimised.
       o the 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.
       o that if the development gets damaged, the applicant will be required to remove remaining
           debris at their own expense.
       o that at all times, all lights on the site do not interfere with safe navigation in surrounding
           waterways
       o the development does not encroach on the navigation corridor or high-risk maritime zone to
           ensure the safe passage of vessels
       o that debris from the development does not create a hazard to navigation
       o that there is no residual material that could create a hazard to navigation.

Material used in the assessment of the application:

      The development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      The State Development Assessment Provisions (version 3.0)
      The Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019




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Attachment 4—Change representation provisions
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Attachment 5—Approved plans and specifications
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