Sealed Judgement

Attachment 1—Referral agency conditions
(The following conditions must be attached to any development approval relating to this application) (Copies of the
documents referenced below are found at Attachment 4)


No.     Conditions of Development Approval                                                  Condition Timing
Material change of use for short-term accommodation (15 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 the Environment, Tourism, Science and Innovation 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 39 non-juvenile koala habitat trees           At all times
        identified as ‘Koala Trees Removed’ on plan titled Site Plan – Tree
        Retention Vs Removal Plan, prepared by Aspect, dated,15/05/2025
        Drawing reference 21-0910_A10-07, Revision GG.
2.                                                                                          (a) Prior to sealing
        To mitigate impacts on koala habitat values and ensure connectivity is
                                                                                            the plan of
        maintained:                                                                         subdivision with the
        (a) Enter into an environmental covenant with the Department of the                 local government
            Environment, Tourism, Science and Innovation in accordance with                 and to be
            Section 97A of the Land Title Act 1993 for the areas identified as              maintained at all
                                                                                            times
            Zone 1, Zone 2, Zone 4 and Zone 5 in plan titled Conceptual
            Rehabilitation Plan, prepared by AGLA, dated 27/05/2025,                        (b) Within 6 months
            Drawing number 100, Issue I for the purpose of protecting koala                 of the local
            habitat and matters of State environmental significance in                      government’s
            perpetuity. The Covenant must detail the purpose, responsibilities,             notation of the plan
            liabilities, measures, remedies and intents as necessary to ensure              of subdivision
            the management of the Covenant Area and must include the
                                                                                            (c) Within 2 weeks
            following:                                                                      of the registration of
             i.     That the Owner(s) must comply with the Covenant.                        the covenant
            ii.     That the Owner(s) must take reasonable measures to ensure
                    the native vegetation and environmental values of the                   (d) At all times
                    Covenant Area will be maintained and protected.
            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.
           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 unless the
                    removal is necessary to remove or reduce the imminent
                    risk that the tree(s) pose of serious personal injury or
                    damage to infrastructure.
            viii.   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 infrastructure, wastewater infrastructure,
      State Assessment & Referral Agency                                                                       176