IA0211NAM0018_SC14217_110329_Rar · MCU10/2127

Page 2

                                                                                                                Notice
                                                                                  Advice Agency Response

          2.3 Material Change of Use – Land in or near a conservation estate.
              Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 22
              – The advice agency has provided recommendations to the Assessment Manager and those
                 recommendations are attached to this Notice.

3.       General advice to assessment manager
         Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
         issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
         application at: PO Box 573, Nambour Qld 4560.
          The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues
          for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the
          relevant application has not provided notification to native title parties.

          Aboriginal Cultural Heritage Act 2003
          DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of applicants
          under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to include this
          information as an Advisory Note on the Decision Notice issued for the application.
          Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must
          take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural
          heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are
          $1,000,000 for a corporation and $100,000 for an individual.
          Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
          accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
          Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for
          the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage
          Act 2003.
          Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
          the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DERM.
          Application forms to undertake a free search of the Cultural Heritage Register and the Database may be
          obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the DERM website
          www.derm.qld.gov.au/cultural_heritage.


     Delegate                                                 Enquiries:
                                                              Department of Environment and Resource Management
                                                              Centenary Square Building
                                                              Currie Street, Nambour Qld 4560
                                                              PO Box 573, Nambour Qld 4560
     Daniel Leo
     A/Senior Officer                                         Telephone + 61 7 5451 2256
     Regional Planning and Coordination (Nambour)             Facsimile + 61 7 5451 2260
     Planning and Assessment – South East Region              Website www.derm.qld.gov.au
     29 March 2011



     Attachments
          Advice agency response – Cultural Heritage
          Advice agency response – Referable Wetland and Conservation Estate




     Page 2 of 2 • 091217                                          Department of Environment and Resource Management

Page 3

Department of Environment
and Resource Management

Sustainable Planning Act 2009

DERM Permit’ number: | SPAR01606111

 

 

Assessment manager reference: MCU10/2127

Date application received: 17 February 2011
Permit type: Development Permit
Date of decision: 25 March 2011
Decision:

For an advice agency response

The proposal as stated in the application will have no impact on the

cultural heritage significance of Halse Lodge (QHR No. 601393) and
consequently no advice agency recommendations or conditions are

provided.

Relevant laws and policies: Queensland Heritage Act 1992

Jurisdiction(s): . . : :
Material change of use — Land adjacent to or including a Queensland
heritage place

Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 23

 

Development Description

 

Property/Location Development

Lots 1101, 1102, 1103, 1104, 2101, 2102, 2103,
. 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108,
N Monwong ao 4201, 4202, 4301, 4302, 4401, 4402, 4501, 4502,
4567 5108, 6109, 7501, 7502, 7504, 8601, 8602, 9417,

10101, 10102, 10103, 10104, 10105, 10106, 10107
and 0 on SP190823

 

Material Change of Use
(multiple housing and visitor
accommodation)

 

 

 

 

 

KZ ole

Peter Todd

Regional Cultural Heritage Coordinator, Land Services
Delegate

Chief Executive administering the Queensiand Heritage Act 1992
Department of Environment and Resource Management

25 March 2011

1 Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.

Page 4 of 1» 091130

Department of Environment and Resource Management rN Queensland Government
www.derm.qid.gov.au ABN 46 640 294 485

Page 4

                                                                                              Sustainable Planning Act 2009


             DERM Wetlands and Conservation Estate Advice Agency Response

    Assessment manager reference:                  MCU10/2127
    Date application received:                     17 February 2011
    Permit 1 type:                                 Advice Agency Response
    Relevant laws and policies:                    Coastal Protection and Management Act 1995,
                                                   Environmental Protection Act 1994, and
                                                   Nature Conservation Act 1992
    Jurisdiction(s):                               Material change of use - Land in or near a wetland. Sustainable
                                                   Planning Regulation 2009 - Schedule 7, table 3, item 21
                                                   Material change of use - Land in or near a conservation estate.
                                                   Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 22

Development Description(s)

                       Property/Location                                                         Development
    5 Morwong Drive,           Lots 1101-1104, 2101-2103,               Material Change of Use – Multiple Housing Type 4
    Noosa Heads                3101-3108, 4201, 4202,                   (conventional) and Visitor Accommodation Type 4
                               4301, 4302, 4401, 4402,                  (conventional)
                               4501, 4502, 5108, 6109,
                               7501, 7502, 7504, 7601,
                               8602, 9417, 10101-10107
                               SP190823

Recommendation
The Chief Executive, Department of Environment and Resource Management (DERM), makes the following
recommendation to the assessment manager:
Wetland:
The Assessment Manager should consider the potential impacts of the proposed development on wetland
values, including the water quality, natural hydrological flows and ecological functioning of the wetland.
Development should meet the following outcomes:
      Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
       the functioning and integrity of a wetland from development are avoided. A report prepared and certified by
       an appropriately qualified professional may assist the Assessment Manager to consider the impacts of the
       development on the ecological values and functioning of the wetland. If adverse impacts are unavoidable,
       the Assessment Manager is encouraged to ensure that the values lost are offset in order to achieve an
       environmental outcome equal or better than the wetland values that are impacted.

1
  Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.



Page 1 of 3 • 091217
Department of Environment and Resource Management
www.derm.qld.gov.au ABN 46 640 294 485

Page 5

                 DERM Wetlands and Conservation Estate Referral Agency Response

     Where a wetland management area is mapped as a ‘significant coastal wetland’ under a Regional Coastal
     Management Plan it should be assessed against the policy for areas of state significance (natural
     resources). An Implementation Guideline should be consulted:
     http://www.derm.qld.gov.au/services_resources/item_details.php?item_id=202304&topic_id=54.
     For areas where a regional coastal management plan does not exist, where the wetland management area
     is also defined as a ‘significant coastal wetland’ under the State Coastal Management Plan – Queensland’s
     Coastal Policy 2001 (SCMP), any approval is consistent with SCMP policy 2.8.1, Areas of state significance
     (natural resources).
    Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained
     and managed to protect the environmental values of the wetland, and to ensure that the water quality
     objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved.
    Maintain wetland water regime. The existing water regime (including surface and groundwater) within and
     linked to the wetland is maintained and managed to protect existing natural hydrological processes within
     the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland,
     and retaining and allowing for regeneration of native vegetation.
To ensure that the proposed development is able to meet the above outcomes, the Assessment Manager is
encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:
        a support area adjacent to the wetland that maintains and supports the environmental values of the
         wetland; and
        a separation area around the support area that protects the wetland from external threats such as
         sediment and nutrient discharge from surrounding landuse.
Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity and
to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following buffer
widths are accepted by DERM as precautionary buffer widths likley to absorb impacts from external uses.
         within urban areas, a minimum 50m buffer to wetland
         outside of urban areas a minimum 200m buffer to wetland
         for ‘significant coastal wetlands’, a buffer width of 200m to wetland
Where required, revegetation of the buffer is recommended using native species representative of the pre-
clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance
where possible. A rehabilitation / revegetation management plan including weed management strategies may
assist in determining the rehabilitiation requirements for the development. Conditioning of any approval with
building or development envelope(s) may also be a useful way to give formal effect to any required buffer area.
The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan to
demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and
operational phases of development) will be effectively managed to prevent adverse impacts on wetland values.
Potential impacts are to be addressed through water sensitive urban design including compliance with South
East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design –
design objectives for urban stormwater management. For areas outside of the South-east Queensland Regional
Plan area any approval should recognise the requirements of the the Draft Urban Stormwater – Queensland
                                                           2
Best Practice Environmental Management Guidelines 2009 .




2
  The Draft Urban Stormwater –Queensland Best Practice Environmental Management Guidelines 2009, is available at:
http://www.derm.qld.gov.au/environmental_management/water/environmental_values_environmental_protection_water_policy/draft_urban_
stormwater_qbpem_guideline_2009.html


Page 2 of 3 • 091217                                                      Department of Environment and Resource Management

Page 6

                 DERM Wetlands and Conservation Estate Referral Agency Response

Conservation Estate:
The Assessment Manager should consider the potential impacts of the proposed development on both the
habitats and environmental values contained within the conservation estate, as well as to the management
intent of the conservation estate. Development should ensure the following outcomes:
        Maintain habitat and biodiversity values: development avoids or minimises and mitigates adverse
         impacts on the functioning and integrity of habitats and environmental values contained within the
         conservation estate
        Development demonstrates there will be no adverse impacts on the ecological values and
         functioning of the conservation estate. An ecological report prepared by a suitably qualified professional
         may be one way that the Assessment Manager may choose to assess this outcome.
        Development maintains, conserves and enhances the current extent and connectivity within and
         between conservation estate areas
        Development does not compromise the management intent of the conservation estate.
The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works
including access tracks and roads and the conservation estate boundary in order to maintain the ecological
functioning and integrity of the conservation estate. Buffer distances should be maximised in order to maintain
existing biodiversity values, habitat connectivity and to avoid edge effects. The buffer may also assist in
ensuring that stormwater, wastewater, dust and erosion from the development site can be appropriately
managed to avoid adverse impacts on the conservation estate. A stormwater and wastewater management plan
may be one way the assessment manager may choose to ensure off-site impacts of development are
ameliorated. Revegetation of buffer zones using native species representative of the pre-clearing regional
ecosystem is recommended.
Establishing building or development envelope(s) may also be a useful way to give formal effect to any required
buffer area.
Neighbours to the conservation estate have a responsibility to keep dwellings and other infrastructure near
Queensland Parks and Wildlife Service (QPWS) managed lands in a condition that minimises fire risk to
themselves and their property as well as the protected estate and to appropriately ameliorate light and noise
issues. Consultation with QPWS officers is recommended to ensure management objectives of the conservation
estate including fire management, emergency services access and pest controls are met. A QPWS ‘Good
Neighbour Policy’ may be of assistance and is available on the web at:
http://www.derm.qld.gov.au/register/p01658aa.pdf

Delegate                                                   Enquiries:
                                                           Department of Environment and Resource Management
                                                           Centenary Square Building,
                                                           Currie Street, Nambour. QLD 4560
                                                           PO Box 573, Nambour. QLD 4560

                                                           Telephone    + 61 7 5451 2256
Daniel Leo                                                 Facsimile    + 61 7 5451 2260
A/Senior Officer                                           Email        [email protected]
Regional Planning and Coordination (Nambour)               Website      www.derm.qld.gov.au
Planning and Assessment – South East Region
29 March 2011




Page 3 of 3 • 091217                                              Department of Environment and Resource Management