Council archive · source document
Development Application Part 2 · OPW12/0139
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SCRC CORRESPONDENC[_
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THIS IS THE NEXT PART OF A
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Page 2
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Development Counter
B JUN
-
201e-
Nambour
Q~eensland
","’i
G vernment
Author: Charmaine Duke Department of
File 1Refnumber: 20101008332 Environment and Resource
Dectorate 1 Unit: State Land Asset Management Management
Phone: (07)54512243
14 November 2011
Attn: Wade Batty
Group Managing Director
Noosa Group Pty Ltd
PO Box: 1804
NOOSAVlLLE DC QLD 4566
Dear Wade
APPLICATION FOR EXTENSION OF TIME FOR RESOURCE ENTITLEMENT -
LOT 162 ON CP907407,GYMPIE TERRACE,NOOSAVILLE
Reference is made to your req.uest for an extension oftime for evidence ofresource
entitlement required to accompany your development application for proposed new head and
wings (floating pontoons)to be fitted to existing piles and timber jetty.
1wish to advise that the proposed development is consistent with an allocation of, or an
entitlement to,the resource. A copy of this letter is to be attached to your IDAS Form 1 as
the required evidence for Table G.
Although evidence ofresource entitlement to your development application has- been
of
provided, you are always required to comply witb tbe purpose, terms and conditions your
"tenure" over Lot 162 on CP907407 undertake works only if and when tbe development
with the
application has been approved by the assessment manager, and in accordance
conditions ofthat approval.
You will also need to comply with all other legislative and regulatory requirements which
may also include approvals tbat are not part
ofthe assessment ofthe development
if
appIcat on under the Sustaina fe Ptann ng ct 2009 (SPA)e.g. a mariile park permit n a
marine park.
Further, please note that the above evidence will expire on 8 June 2012. Should the
development application not be lodged with the assessment manager prior to this date, you
will be required again to lodge the IDAS Form 1 and any attachments with this Department
with a furtb.er request for evidence of resource entitlement any furtb.er request will need to
-
be reconsidered by the Department.
Office: Postal : Telephone: (07)54512215
DERMNambour Fn: 54512262
DERM Nambour
Floor 1,Centenary Square POBox 573
Cunie-’Street Nambour
Nambour QLD 4560 4560 QLD
Page 3
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I
I would also like to advise that any land use activities must comply with the Aboriginal
Cultural Heritage Act 2003 or the Torres Strait Islander Heritage Act 2003
Finally, providing evidence of resource entitlement is requITed under SPA to enable your
application to be considered properly made for lodging with the assessment manager and is a
completely separate process to assessment of the application under SPA.
Accordingly, the.Department may act at a later date as assessment manager,
concurrence/referral agency, or advice agency in the assessment ofthe development
application providing evidence of resource entitlement will not influence any statutory role
-
the Department may have in this assessment.
If you wish to discuss this matter please contact Charmaine Duke on (07)54512243.
AU future correspondence relative to this matter is. to be referred to the contact Officer at the
address above or by email [email protected]. Any hard copy
correspondence received will be electronically scanned and filed. For this reason, it is
recommended that any attached plans, sketches or maps be no larger than A3-sized.
Please quote reference number 2010/D0833-2 inan.y future correspondence.
Yours sincerely
Douge ney
Princi I Land Officer
A duly authorised delegate of the Chief Executive
under the current Land Act (ChiefExecutive)Delegation
2
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CURRENT STATE TENURE SEARCH
NATURAL RESOURCES AND HATER, QUEENSLAND
Request No: 4258528
Search Date: 20/06/2008 11:08 Title Reference: 40013242
Date Created: 24/02/1998
DESCRIPTION OF LAND
Tenure Reference: TL 0/209406
LOT 162 CROVIN PLAN 907407
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
Area: 0.121000 Ha. (SURVEYED)
No Land Description
No Forestry Entitlement Area
Purpose for which granted:
MARINE FACILITY
TERM OF LEASE
’’_
Term and day of beginning of lease
Term: 20 years commencing on 01/09/1997
Expiring on 31/08/2017
REGISTERED LESSEE
Dealing No: 711497115 12/03/2008
KEITH ,SAMUEL MCDONNELL
DIANNE ELIZABETH MCDONNELL TRUSTEE
UNDER Doc ENT 711497115
CONDITIONS
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CURRENT STATE TENURE SEARCH
NATURAL RESOURCES AND 1~]l.TER, QUEENSLAND
Request No: 4258528
Search Date: 20/06/2008 11:08 Title Reference: 40013242
Date Created: 24/02/1998
CONDITIONS
CA34 --: leased
(1) The lessee shall use the
purposes,
land for marine facility
namely charter vessel/tour boat passenger terminal,
ships chandlery, ships brokerage and boat hire and purposes
incidental thereto including booking and administration office
and the mooring of vessels provided that all activities
relating to the permitted use shall be contained wholly within
the lease boundaries.
(2) In the event of the lessee ceasing to use the leased land as
provided for in Condition A34 clause (1) above, the lease may
be forfeited or cancelled.
(3) The annual rent shall be paid yearly in advance and shall be
determined in accordance with the provisions of the Land Act
1994.
(4) The lessee shall pay the cost of any required surveyor
resurvey.
(5) The lessee must keep any noxious plants, on the leased land,
’under control.
(6) The lessee has the responsibility.for a duty of care for the
leased land.
(7) The lessee shall ensure .that the use and developmenc of the
leased land conforms to the Town Planning Scheme By-Laws and
requirements of the Council of the Shire of Noosa.
(8) The lessee must give the Minister administering the Land Act
1994, the iniormation the Minister administering the Land Act
1994 asks for about the lease.
(9) The lessee shall not destroy any trees on the leased land
unless in accordance with a cree clearing permit under the
prov~s~ons of the Land Ace 1962 or the provisions relating to
the clearing for routine management purposes as prescribed in
the Land Regulations 1988. (NOTE:- Routine Management
’:.-~
provisions of the Land Act do not apply on leases over State
Forests and Timber Reserves)
(10) No compensation for improvements or developmental work shall
be payable by the State ac the expiration of the lease but che
lessee shall either have the right to remove moveable
improvements within a period of three (3) months from the
expiration of the lease, provided all moneys due by the lessee
to the State on any account whatsoever have been paid, or be
required to remove those improvements as specified in any
further condition f lease.
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CURRENT STATE TENURE SEARCH
NATURAL RESOURCES AND WATER, QUEENSLAND
Request No: 4258528
11:08 Title Reference: 40013242
. Search Date: 20/06/2008
Date Created: 24/02/1998
CONDITIONS
of the lease, at the lessees’
C264 The lessee shall, during the whole term
thereon and all structures
own cost, keep the leased land and all paths
hereafter erected thereon, in a safe
of whatsoever description now or
condition for all using the same and the lessee shall not use or
persons
structures
permit to be used, the leased land, any paths thereon or any
be thereon or therein at
to be erected thereon or permit any person to
unless the same are lighted to the
times between dusk and dawn,
to
satisfaction of the Minister administering the Land Act 1994, so as
using same or being thereon or therein
render the same safe for persons
during the period between dusk and dawn.
C300 The lessee shall at all times take the necessary precautions to ensure
shielded to prevent
that all lights on or above the leased land are
which ineerfere with safe navigation of
glare or reflection may
surrounding waterways or with the reasonable enjoyment of neighbouring
properties.
its cost, provide waste and/or refuse
C318 The lessee shall, at own
of persons occupying the leased land
collectors/ containers for the use
the reasonable satisfaction
and such collectors/ containers shall be to
and the Council of the Shire of
of the Department of Natural Resources
Noosa.
cost,
its arrange to the reasonable
The lessee shall, at own
of the Shire of Noosa for the collection and
satisfaction of the Council
disposal of the contents of such collectors/containers.
cost, that arrangements made for the
The lessee shall, at its own ensure
of the contents of such collectors/containers
collection and disposal
of the Council of
shall comply fully with the reasonable requirements
the Shire of Noosa in regard thereto.
lease shall be subject to the provisions of
C320 In all other respects, the
1955 (as continued in force by the
the Land Act 1994, ehe Harbours Ace
the Operations (Marine
Transport Infrastructure Act 1994), Transport
(Marine Pollution) Act 1995,
Safety) Act 1994, the Transport Operations
Conservation Act 1992, the Building Act 1975, the Workplace
ehe Nature
Protection Act 1994 and
Health and Safety Act 1995, the Environmental
and other relevant State and Commonwealth Acts.
all relevant Regulations
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/ CURRENT STATE TENURE SEARCH
NATURAL RESOURCES ~ WATER, QUEENSLAND
Request No: 4258528
Search Date: 20/06/2008 11:08 Title Reference: 40013242
Date Created: 24/02/1998
CONDITIONS
C328 The lessee shall not put, case or cause or suffer or permit a person to
cast, or cause or suffer to fall from any area of the leased land,
put,
oil impregnated water and shall strictly
any oil, grease, fuel or
observe and comply with the prov~s~ons of the Transport Operations
(Marine Pollution) Act 1995 and in this regard, the lessee shall provide
and maintain, to the satisfaction of Regional Harbour Master, such
from time
equipment, apparatus and facilities as the Minister may
to
time consider adequate for the collection, removal or disposal or
destruction of any oil, grease, fuel or oil impregnated water which has
accidentally or otherwise discharged or has escaped into the waters
within the leased land.
all vessels
C332 The lessee shall take all reasonable action to ensure that
attached to moorings within the boundaries of the leased land shall be
moored wholly within such boundaries and that such vessels or any part/s
thereof shall not encroach beyond the boundaries of the leased land.
the lessees’ own cost, maintain a depth of water
C333 The lessee shall, at
the leased land sufficient to allow such waters to be freely
within
all of the tide by the
navigated at the developed depths at stages
classes using the facilities situated therein and should
of the vessels
be required to maintain such depth of water then the lessee
any dredging
shall, at the lessees’ own cost, be responsible for obtaining the
out of such
relevant statutory approvals required to permit the carrying
dredging and disposal of dredge spoil.
cost, be responsible for the
C334 The lessee shall, at the lessees’ own
maintenance of order and good conduct of persons within the leased land
and such order and conduct shall be co the satisfaction of the Minister
adminiscering the Land Act 1994.
twelve (12) months, and thereafter at intervals
D1 The lessee shall within
the of Natural Resources, from the
as required by Department
the satisfaccion of the
commencement of the term of the lease and to
administering the Land Ace 1994, provide evidence to the
Minister
that all structures erected on the
Department of Natural Resources
leased land fully with all requirements of any relevant Act or
comply
Acts.
’"
Department of Natural Resources before
D177 The lessee shall submit to the
is commenced a copy of plans approved by the Noosa
any construction work
Shir~ Council and the Department of Environment of ’all buildings
erected on the leased land from time to time.
proposed to e
freehold tenure in terms of
G42 The lease is not eligible for conversion to
Section 166 of the Land Act 1994.
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CURRENT STATE TENURE SEARCH
NATURAL RESOURCES AND WATER, QUEENSLAND
Request No: 4258528
11:08 Title Reference: 40013242
Search Date: 20/06/2008
Date Created: 24/02/1998
CONDITIONS
the whole of the term of the lease,
Hlll The lessee shall at all times during
and Local Government free and unrestricted access to’
allow the State
from and across the leased land.
land will not be the
Hl15 The provision of access to the leased
the State.
responsibility of the Local Government or
and keep indemnified the
148 (a) The lessee shall and does hereby indemnify
costs, and expenses which the
State
State against all damages, losses,
be to by reason or on account of any neglect
may sustain, expend or put
perform any of the
or default on the part of the lessee to observe and
herein contained or
covenants or agreements on the part of the lessee
implied.
(b) The lessee shall and does hereby
indemnify and keep indemnified the
howsoever occurring, other than through
State in respect of any accident
of the State its or their
wilful act or omission
the negligent or
which may occur in connection
with the use by the
servants or agents,
licensees, servants, visitors
lessee its agents, employees, invitees,
of the leased land and in connection
and the public at large of any part
and servants of any
with the use by the lessee its, agents, employees
installation thereon.
the
further structural improvements on
L80 The lessee shall not effect any
the consent of the Department of Natural Resources,
lease land without
of Environment and any other
the Noosa Shire Council and the Department
having been first obtained.
relevant authority,
and to the satisfaction of the
The lessee shall, at its own cost
L89
administering the Land Act 1994, cleanse, repair, support,
Minister
and tenantable repair and condition,
amend, keep and maintain in good
structures and improvements on the leased land
all buildings and other
thereof except for
and shall not remove or alter any part or parts
and in the event
necessary maintenance, repairs, renewal or replacement
cost, carry out the
of any damage thereto, the lessee
shall, at its own
thereof as soon as practicable.
repair or renewal or replacement
to be stored on the
The lessee shall not keep, store or permit kept or
M308
angerous, flammable or explosive nature
leased land any materials of a
applicable co the
all statutes, local-laws and regulations
,unless in every
and storage of such materials have been complied with
keeping
respect.
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CURRENT STATE TENURE SEARCH
NATURAL RESOURCES AND WATER, QUEENSLAND
Request No: 4258528
Search Date: 20/06/2008 11:08 Title Reference: 40013242
Date Created: 24/02/1998
CONDITIONS
M312 The lessee hereby covenants and agrees with the Minister administering
the Land Act 1994, that by virtue of the execution of this lease, no
liability is stated or implied or shall attach to the Minister
administering the Land Act 1994 in respect of the effects of inundation
by seawater through storm surge, other forms of tidal flooding, any
variation in sea levels or other result or consequence caused by global
climatic change.
M377 The lessee shall if and when required by the Department of Natural
Resources enter into an agreement with the Department of Natural
Resources regarding reasonable carparking and reasonable landscaping
pertaining to the leased area.
M378 The lessee shall if and when required by the Council of the Shire of
Noosa effect reasonable water reticulation and sewerage services to the
leased land to the satisfaction of the Council.
M386 ’The lessee at the lessees’ OwTI cost and to the satisfaction of the
Minister administering the Land Act 1994 and the Queensland Fire
Services, shall provide and maintain such equipment, apparatus and
facilities as the Minister administering the Land Act 1994 and the
Queensland Fire Services from time to time considers adequate for
extinguishing and controlling fire upon the leased land and the said
facilities shall comply at all times and in all respects with the
current requirements of the Qu~ensland Fire Services, and in this
regard, the lessee shall if and when requested by the Minister
administering the Land Act 1994 so to do, provide the Minister
administering the Land Act 1994 with written confirmation from the
Queensland Fire Services that ies requirements are being complied with.
ENCUMBRANCES
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
,.
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ORIGINAL LEASE IN EXISTENCE -
No
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** End of Current State Tenure Search **
Information provided under section 34 Land Title Act(1994)
COPYRIGHT THE STATE OF QUEENSLAND (NJ.I.TURAL RESOURCES AND vIATER) (2008]
Requested By: D APPLICATIONS ESPREON
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5c"’1:4(D(ASJ
Location Details:
Garne1’lshlng Wharf BOATSHED Ullracorp pty Ltd Drawing No.
Proposed Layout Gamefishing Wharf and Mooring Facilities
’186 Gyrnple Terrace
ABN 69 270 226 201
Noosavllle Q 4566
UPL 162.06.10
Phn’x 0754490767
Lot 162 on CP907407
POBox 217 Noosa~lI. a 4566 Plan Releaaed 25/08/2010
Page 11
NOTES
(1) This ~was prepared i:)r !he pJrpose and elCduslve use or
MdXlfII.lElL CHILORENS MAINTENANCE TRUST ~
and their other pn::fessklnal acMsers and" not.,be used br any oltler
pzpoae 01 by any other person 01" cc.poratbn.
JON.ES FUNT & PIKE Ply LID accepts no I’86pOO5IXlltyfor any loss or
damage arising to any pen;on (J’CCII’1)Ol’aIbn M10 may usa (Wrely on this
plan ~ rontraW!ll1lon af lIese terms.
(2)1l’Ie title bc:uldanes shown Q’I this ~were not malted at Ihe lime d
SU’Vsyand have been determined from IAn dnanslotls o...~ and not by
tekS.....ey.
(3)Tl"__enlr1legral part of""plan. !clheBusalhls
Wlfcmallon. they should be dvEedl d hi ~rpo.e atKIlnlitaUons.
(")Tlis plan may not be re,:lrodu ooIess Ihese mies In hduded.
~MP~D 1.403
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Boundary
1.7~O C-6.667----1 -
(_-17.0J. !
o
Ascon PI7epositions (I)
limberOeck .,..
Extents
162
CP907407
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_1IoIILD-’1’IPEGlII_
PROPERTY DESCRfTIQN
LOT 162 ON CP907407
PARISH OF ’l’YBA
COUNTY OF MARCH
G 0Ii0r1)lltc
I -Sp-I
(A3)1:250 ....,
~dGNES FUll’.
PIKE
~rtOClld,,,,,,,,Ul’lJ’ln.lIa.tIcaplmtiBcla sc.eu;’ 2.5 5 7.5 10 12.5 15
""""
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Noosaville Gamefishing Wharf _1 ",1_
&
JOtRJIr~PIQ;P1Y.Lm.A.CI\ "WG16
:~~~~~~~E ~JWIl[ Cl\lNlissull 1.04.06 MRT <ht.t1gnunblr
8RISINE.,RPIba !UlSlllEC
McDONNELL CHILDRENS MAINTENANCE TRUST
~~~==~45S .... cc
<XI’[email protected] A M2234-01
..... ...,. 1*0CICU!EHTWAV*’TeECO OR11W1Jl
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M2234-0l.dwg
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Page 12
Lease
.. 11.0rn 11.0m
Lease A
66m2
Le ~e B
e
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49.3 m2 47.2 m2
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3
EXISTING
TIMBER
APRON
PROPOSED LAYOUT
COMMERCIAL MARINA
ON BEHALF:
The McDonnell Children
Maintenance Trust
Lot 162/CP907407
186 Gympie Terrace,
Noosaville
Existing Bitumen Footpath
Working Drawing
UPL 162.01.09
[P)[PJ~~~lF~ ~ re([M[F~[Q)~[MlF~~[L
. , 2 , . , . , .
1!!!tltlld"t!"l!!h!!!I!!!t!ur!I!I!!II’!’II’""!!t’lIhllll!!~I’!!tllttt!!I!’
seale Metre.
. 10
!t!httdutd
I Plan amended 25/08/2010
Page 13
.
THE McDONNELL CHILDREN MAINTENANCE TRUST
29th May 2012
Mr Wade Batty
The Discovery Group
P.O. Box 1804
NOOSAVILLE DC QLD 4566
Dear Wade,
RE :COMMERCIAL JETTY -
LOT 162 CP907407 -186 GYMPIE TCE NOOSAVILLE
We confirm our consent and support to the lodgement by the Discovery
Group of the attached Development Application to complete the four (4)
floating pontoon sections on the existing jetty infrastructure.
May we be of any further assistance please do not hesitate to contact me at
"-
anytime. As you know I am often in China on business and the best form of
initial contact is therefore via Email.
Yours faithfully,
The McDonnell Children Maintenance Trust
Dianne Elizabeth McDonnell Trustee
Cll~..?f.fi!J.~.
Copy Sunshine Coast Regional Council
Department of Natural Resources
Contacts -
P.O. Box 217 Noosaville QLD 4566 -
[email protected]
Used in these records
Development Application Part 2Related documentApplication case desk ↗
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