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Decision Notice - OPW22 0251 [As Published]
Officer: Morgan Gaffney
Direct Telephone: 07 5329 6370
Our Reference: OPW22/0251
Your Reference: n/a
23 August 2023
Pipiriki Pty Ltd C/- Long View Consulting Engineers
PO Box 963
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 August 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW22/0251
Street address: 172 Gympie Terrace, Noosaville
Real property description: Lot 164 CP 907410
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Prescribed Tidal Works (Revetment Wall
Rectification)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
21.024 - S010 P2 Site and General Arrangement Plan May 2022
21.024 - S020 P3 General Arrangement Plan and Details Jan 2023
21.024 - S030 P2 Sections and Details May 2022
Currency Period
2. The Currency Period for this development approval lapses if the development has not
substantially started by 21 August 2025, unless an application to extend the currency period
is approved by Council.
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $2500 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
commencement of the works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of this approval less any costs incurred by Council in respect
of enforcing performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
General Conditions
4. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
5. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Erosion and sediment control works;
c. Other relevant parties
6. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
7. A Construction Management Plan must be submitted at least 5 working days prior to the pre-
start meeting and must include but not be limited to the following:
a. that works must not be undertaken on school holidays, public holidays and Sundays
with limited works on Saturdays
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased
d. provision for construction traffic and access for equipment and deliveries
e. provision for storage of equipment and materials
f. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
g. adequate parking arrangements for construction workers
h. restoration of Council assets and surfaces
8. All structures must have no detrimental effects on stormwater drains and/or easements.
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9. The deck must have a level-walking surface and match smoothly with the adjacent surfaces.
10. A rigid handrail must be fitted along the top of the new revetment wall where the revetment
wall is over 1m high. Any necessary handrail must be of an open design.
11. No vessels or boatlifting devices are to be attached to the structure.
12. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above the
1%AEP flood level.
13. Lighting associated with the use must be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
14. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
(1994) and the Environmental Protection (Water) Policy 2009.
15. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
Erosion and Sediment Control
16. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
17. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
18. Council may request further controls to be installed should the implemented measures be
found inefficient.
19. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards.
20. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
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21. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
22. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term.
23. Certification by a Registered Professional Engineer of Queensland that states that the
revetment wall and associated structures are constructed in accordance with best practice
methods and are structurally sound must be submitted to Council. This certification must be
submitted to Council within three (3) months of the completion of the works. A final inspection
and approval of the structure by Council’s Inspector is also required. Please contact Council’s
Development Assessment Branch on 5329 6500 to arrange the inspection.
24. This approval lapses where the construction of the revetment wall and associated structures
have not commenced within two (2) years of the date of issue of the approval unless
application is made and approved by Council for an extension.
25. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERENCE DOCUMENTS
Not applicable
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence State Assessment Planning Regulation The agency provided its
Referral Agency 2017 Schedule 10, Part response on 17 July
(SARA) 2023 (Reference No.
17 – Tidal Works or
South East 2211-31930 SRA). A
Works in a Coastal copy of the response is
Queensland (North)
Management District attached
Regional Office
PO Box 1129,
Maroochydore QLD
4558
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
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2. The approval or conditions do not absolve the owner of the land from complying with all the
conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant
statues and/or statutory regulations in the execution and/or performance of said works.
3. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Environmental Advisory Notes
5. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
6. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
7. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
Prestart and Inspections Requests
8. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
9. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Morgan Gaffney
Senior Development Engineer
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. Unitywater
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2211-31930 SRA 2017) Development application for operational works within coastal management district Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation 2017) Development application for operational works high nsk maritime development zone Schedule 10, Part 6, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017) Development application for operational works within area of manne plants 2211-31930 SRA Noosa Shire Council 172 Gympie Terrace, Noosaville Lot 164 on CP907410 Pipiriki Pty Ltd PO Box 963 Cooroy QLD 4563 [email protected] A consideration of the 23 fundamental human rights protected under the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. 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 Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email [email protected] who will be pleased to assist. Yours sincerely fo Garth Nolan Manager (Planning) State Assessment and Referral Agency Page 2 of 9 Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 Page 8 of 38
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Pipiriki Pty Ltd, [email protected] Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced iin conditions State Assessment and Referral Agency Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 2211-31930 SRA Page 3 0f0 Page 9 of 38
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Attachment 1—Referral agency conditions 2211-31930 SRA (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) No. | Conditions Condition timing Development Permit — Operational work 10.17.3.1.1 — Tidal works or work in a coast management district—The chief executive administering the Planning Act 2016 nominates the Director-General of 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: 1. The revetment wall reconstruction and stabilisation of eroded backfill | For duration of works and foreshore terrace subgrade soils must be carried out generally in accordance with the following plans: (a) Site and general arrangement plan prepared by Long View Consulting Engineers, dated May 2022, drawing number S010 and revision P2 (as amended in red by SARA on 17 July 2023) (b) General arrangement plan and details prepared by Long View Consulting Engineers, dated Jan 2023, drawing number S020 and revision P3 (c) Section and details prepared by Long View Consulting Engineers, dated May 2022, drawing number S030 and revision P2. 2. Maintain the development in accordance with the plans referenced in | At all times Condition 1, and the requirements of any conditions included in this referral agency response. 3. For the revetment wall reconstruction and stabilisation of eroded For the duration of the backfill and foreshore terrace subgrade soils works, only use clean works materials which are free from prescribed water contaminants. 4. Development must prevent the release of sediment to tidal waters. For the duration of the works 5. Submit “As Constructed drawings” to [email protected] or mail | Within 20 business to: days of the completion Department of Environment and Science of the works Permit and License Management GPO Box 2454 Brisbane Qid 4001 6. (a) In the event that the works cause disturbance or oxidisation of (a) Upon disturbance acid sulfate soil, the affected soil must be treated and thereafter or oxidisation until managed (until the affected soil has been neutralised or contained) the affect soil has in accordance with the current Queensland Acid Sulfate Soil been neutralised or Technical Manual: Soil management guidelines, prepared by the contained Department of Science, Information Technology, Innovation and the Arts, 2014. (b) Submit certification from an appropriately qualified person on acid | (b) At the time the sulfate soil, confirming that the affected soil has been neutralised or soils have been contained in accordance with (a) above to [email protected] neutralised or or mail to: contained Department of Environment and Science State Assessment and Referral Agency Page 4 of 9 Page 10 of 38 Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023
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2211-31930 SRA Permit and License Management GPO Box 2454 Brisbane Qid 4001 Note: Appropriately qualified person(s) means a person or persons who has professional qualifications, training, skills and experience relevant to soil chemistry or acid sulfate soil management and can give authontative assessment, advice and analysis in relation to acid sulfate soil management using the relevant protocols, standards, methods or literature. Remove and dispose of the existing access ramp at an appropriately licenced facility that accepts such waste. Within three months of commencement of the demolition admini 10.6.3.3.1.1 — Operational work involving marine plants— The chief executive Planning Act 2016 nominates the Director-General of Department of Agriculture and Fisheries to be the enforcement authority for the development to which this development approval relates for the istration and enforcement of any matter relating to the following conditions: administering the 8. Development is limited to permanently remove, damage, destroy marine plants within 22.5m? as shown in Table 1: Permanent impacts to marine plants and Figure 2: Proposed marine plant impacts at Catalina Jetty of the report titled Marine Plant Assessment — Catalina Jetty, Gympie Terrace, Noosaville Retaining Wall Upgrade prepared by Native Foresters, dated 27" April 2023 and document no 230427 (as amended in red by SARA on 17 July 2023). At all times Development is limited to temporarily remove, damage, destroy marine plants within 209.15 m? as shown in Table 2: Temporary impacts to marine plants and Figure 2: Proposed marine plant impacts at Catalina Jetty of the report titled Marine Plant Assessment — Catalina Jetty, Gympie Terrace, Noosaville Retaining Wall Upgrade prepared by Native Foresters, dated 27" April 2023 and document no 230427 (as amended in red by SARA on 17 July 2023). At all times 10. The revetment reconstruction and sediment stabilisation must be camied out generally in accordance with the following plans: (a) General Arrangement Plan and Details prepared by Long View Consulting Engineers, dated Jan 2023, drawing number S020 and revision P3 (b) Sections and Details prepared by Long View Consulting Engineers, dated May 2023, drawing number S030 and revision P2. At all times 11. Maintain the development in accordance with the plans referenced in condition 10, and the requirements of any conditions included in this referral agency response. At all times 12. Submit written notice to the Department of Agriculture and Fisheries at [email protected] advising when the development authorised under this referral agency response: (a) will start (b) when it has been completed. Any notice must state the application's reference number: 2211- 31930 SRA. (a) At least 5 business days but no greater than 20 business days prior to the commencement of the works (b) Within 15 business days of the completion of the fisheries development works 13. Spoil is not disposed of on tidal lands or within waterways and is At all times State Assessment and Referral Agency Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 Page 5 0f0 Page 11 of 38
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Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 2211-31930 SRA managed to prevent acid soil development. 14. Restore the marine plants that are temporarily removed, damaged or | Within 5 years of destroyed by this development. removal, damage or destruction of marine plants 15. Dispose of all material associated with the development (e.g., debris, | As soon as reasonably construction material, soil, etc.) from the intertidal zone at an practicable appropriate licensed facility. 16. Restore tidal land profiles that are temporarily disturbed by the Within 10 business development works to pre-work profiles. days of completion of the works and prior to post works notification 17. Works within a waterway must be avoided during times of: For the duration of the works (a) elevated flows (b) large tidal events that encroach on the temporary works area shown in Figure 2: Proposed marine plant impacts at Catalina Jetty of the report titled Marine Plant Assessment — Catalina Jetty, Gympie Terrace, Noosaville Retaining Wall Upgrade prepared by Native Foresters, dated 27" April 2023 and document no 230427 (as amended in red by SARA on 17 July 2023). 18. | This fisheries development (as defined by the Fishenes Act 1994) At all times constitutes a place that is required to be open for inspection by an inspector, pursuant to section 145 of the Fisheries Act 1994. State Assessment and Referral Agency Page 6 of O Page 12 of 38
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2211-31930 SRA 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) (version 3.0). If a word remains undefined it has its ordinary meaning. State Assessment and Referral Agency Page 7 of 9 Document Set ID: 22549959 Page 13 of 38 Version: 4, Version Date: 23/08/2023
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2211-31930 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
* The proposal is for a development permit for operational works below high-water mark, prescribed
tidal works: revetment wall reconstruction and stabilization of eroded backfill and foreshore terrace
subgrade soils.
* The subject site is located in an area of coastal protection, high risk maritime development zone and
marine plants.
* SARA assessed the development application against State code 7: Maritime Safety, State code 8:
Coastal development and tidal works and State code 11: Removal, destruction or damage of marine
plants of the SDAP, version 3.0 and determined that with conditions, the development achieves
compliance with the performance outcomes of the State codes.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
{page left intentionally blank)
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2211-31930 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 9 of 9 Document Set ID: 22549959 Page 15 of 38 Version: 4, Version Date: 23/08/2023
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules" regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. A concurrence agency may change its referral agency response at any time before the application is decided if— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. ‘ Pursuant to Section 68 of the Planning Act 2016 In the instance an applicant has made representations to the concurrence agency under section 30, and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. ” Page 1 of2 Document Set ID: 22549959 Page 16 of 38 Version: 4, Version Date: 23/08/2023
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. 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? 2 An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. Page 2 of 2 Document Set ID: 22549959 Page 17 of 38 Version: 4, Version Date: 23/08/2023
Page 18
PLANS AND DOCUMENTS — 98%
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AGENCY RESPONSE
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Date: $7 aay 2023,
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Document Set ID: 22549959 Page 18 of 38
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PLANS AND DOCUMENTS its reformed to in the REFERRAL“ AGENCY RESPONSE SARAref 2 | a SECTION NOT FOR CONSTRUCTION Mnirt_F~1_T NX Long View — |grannnneernelaue Seen woverats —- 4 ‘> = =.= a7 Fol a =e fair semcss mete) pe rm a Document Set ID: 22549959 Page 19 of 38 Version: 4, Version Date: 23/08/2023
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PLANS AND DOCUMENTS = gt» = referred to in the REFERRAL | a? Document approved for purposes relating AGENCY RESPONSE == to Conditions 8, 9 and 17 of referral SARA ref, 2211-31920.5RA agency response 2211-31930 SRA Date: $7 ey 2023 Amended in red by SARA on raya MARINE PLANT ASSESSMENT Catalina Jetty, Gympie Terrace, Noosaville Retaining Wall Upgrade For Long View Consulting Engineers Native Foresters Natural Resource Management Consultants Email: [email protected] - Mob: 0407 757 872 fs Document No: 230427 Date: 27" April 2023 Document Set ID: 22549959 Page 20 of 38 Version: 4, Version Date: 23/08/2023
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PLANS AND DOCUMENTS Rep refered to inthe REFERRAL 6 AGENCY RESPONSE = SARA ref: 221/-3°0.5RA Native Foresters Date: V7 dey e0@3 DISCLAIMER The authors do not accept any form of liability, be it contractual, tortious, or otherwise, for the contents of this document or for any consequences arising from its use or any reliance placed upon it. This report has been compiled on the basis of existing literature, information, and a targeted survey. Native Foresters does not undertake responsibility arising in any way to any persons in respect of the data, errors, or omissions arising, through misinterpretation of information, negligence or otherwise, however caused. Native Foresters is an independent consulting company undertaking projects in Natural Resource Management. All work conducted as part of this survey was conducted under the DERM/EHP Scientific Purposes Permit number WISP 10189211 / Scientific Purposes User Registration number SUR000424; DAF Animal Ethics Committee number CA 2020/08/1398 / SA 2015/02/501; DEED! Animal Ethics Committee number CA 2011-10-545, and in accordance with the relevant regulations. STUDY TEAM Simon McVerry (BASc — NRM) - Project Director and Fieldwork Pru Mcintyre — Fieldwork, GIS, and Reporting DOCUMENT CONTROL Wall Document No.: | 230427-MPA iew Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 2 Document Set ID: 22549959 Page 21 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters Table of Contents 0 INTRODUCTION 1.1 Objectives of the report. 1.2 Site description...... 1.3. Proposed works 0 METHODOLOGY. 2.2 Manne Protected Plants Survey .. 3.0 | RESULTS - MARINE PLANT IMPACT ASSESSMENT... 4.0 SUMMARY AND RECOMMENDATIONS ... REFERENCES . APPENDIX A — - APPENDIX B — DATABASE AND MAP SEARCHES USED FOR DESKT! ENVIRONMENTAL VALUES APPENDIX C — TREE IDENTIFICATION TABLE Figures FIGURE 1: Survey area at Catalina Jetty, Noosaville FIGURE 2: Proposed marine plant impacts at Catalina Jetty. FIGURE 3: Marine plants surrounding Catalina Jetty, Noosa River .. Tables Table 1: Permanent impacts to marine plants... Table 2: Temporary impacts to manne plants .. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 3 Document Set ID: 22549959 Page 22 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters 1.0 INTRODUCTION Native Foresters was commissioned by Long View Consulting Engineers to conduct a marine plant survey of the landward areas adjacent to the Catalina Jetty boathouse, which will be impacted by proposed upgrading works of the connecting concrete revetment wall and associated infrastructure. 1.1 Objectives of the report The objective of this report is to determine the extent of temporary and permanent impacts of proposed works on marine plants protected under the Fishenes Act 1994. 1.2 Site description The survey area encompasses the southem footprint of Lot 164 CP 907410 where it occurs on the southem bank of the Noosa River, within Apex Park (Lot 151 SP284457) at Gympie Terrace, Noosaville. The survey area covered a total area of 265m?, however part of this incorporates impervious areas such as pathways. The proposed impact area at the entrance to the jetty and boathouse includes an open maintained grass area with concrete pathways, a wooden boardwalk section, and a semi-paved access road, and adjacent sandy areas within the edge of the Noosa River. Refer to Figure 1. The majority of the site contains mown grass areas, with a semi-paved access road within the south-east section and a wooden boardwalk seating area along the westem side of the revetment wall fronting the river. The majonty of the revetment wall area has been stabilised with rock revetment on the western side of the jetty, with infiltration of water and erosion of soil and sandy substrate apparent, further exposing underlying rocks. The grass area directly south of the eastem failed revetment wall contains small sink-holes, with adjacent tree roots exposed at the eastem extent around the existing concrete river access ramp. Two large Coastal she oaks (Casuarina glauca), which have been impacted by erosion exposing the structural roots, occur at either end of the boundary of Lot 164 within Apex Park, with small beach areas and scattered trees further along the river bank to the east and west. State mapping of the survey area shows the central part of the survey area as occurring above Highest Astronomical Tide (HAT), with low lying tidally influenced areas on the eastern and westem side of the jetty (Figure 1). Ground-truthing at the site found evidence of tidal influence across the survey area, and it is considered likely that the whole of Lot 164 is impacted tidally during coinciding high tide and high rainfall events. The survey area covers a section of maintained river bank with a constructed jetty and boathouse, with small beach areas and scattered trees further along the river bank to the east and west. The vegetation in the survey area consists primarily of introduced grasses, with small patches of Salt couch (Sporobolus virginicus) along the river bank. Two large Coastal she oaks (Casuarina glauca), which have also been impacted by erosion exposing the structural roots, occur at either end of the boundary of Lot 164 within Apex Park (Lot 151), managed by Noosa Council. Vegetation throughout the survey area is mapped as non-remnant. Catalina Jetty, Gympie Terrace. Noosaville — Marine Plant Assessment Document Set ID: 22549959 Page 23 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters The survey area is mapped as occurring within a Coastal Management District, contains Storm Tide Hazard Areas and Erosion Prone Areas, and adjoins the Noosa River which is mapped as a declared fish habitat on the northern side of the river. 1.3 Proposed works The revetment wall surrounding the Catalina Jetty and boathouse is proposed to be upgraded as destabilisation from large rainfall events and tidal influence has occurred along the length of the existing structure. Erosion and under-scouring of the sand substrate surrounding the revetment wall have caused failure of the wall on the eastem side of the jetty, and infilling and erosion of sand and material from underneath the westem side of the wall. Erosion is also apparent to the river banks directly to each side of the revetment wall structure. There are two proposed sections of works along the revetment wall: a) Removal of existina failed section of revetment wall and access ramp to the east of the jetty, and construction of an upgraded revetment wall with conventional 20mm aggregate backfill to the lot boundary (Lot 164 CP907410). Embankment retention and stabilization at termination of the proposed revetment works shall be installed in consultation with Council, using Council's nominated method as applied to the adjacent zones of nverbank treatment. b) Stabilisation and infiltration control of soil below the eroded section of revetment wall directly south and to the west of the boathouse using cementitious injection grout. A temporary holding and storage area for works has also been proposed for the grass and pavement area at the southem extent of Lot 164, with site access from Gympie Terrace being obtained from the existing semi-paved access roadway within the adjacent Apex Park. The extent of the works impact area corndor is shown in Appendix A — Catalina Jetty Revetment, 172 Gympie Terrace, Noosaville — General Arrangement Plan and Details (Drawing No. S010- P2, S020-P3, S030-P2) and Figure 1 below. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 5 Document Set ID: 22549959 Page 24 of 38 Version: 4, Version Date: 23/08/2023
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Document Set ID: 22549959 Catalina Jetty, Quota Park - Noosa River Survey Area Survey ose Base, Lot Type Parcel Vignes: Aswoncerical Venetation Management Tale (9.0 Government) Regonal Ecosystem Water Native Foresters FIGURE 1: Survey area at Catalina Jetty, Noosaville Catalina Jetty. Gympie Terrace. Noosaville — Marine Plant Assessment Version: 4, Version Date: 23/08/2023 Page 25 of 38
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Native Foresters 2.0 METHODOLOGY 2.1 Desktop review A desktop review was undertaken to assist in determining the site’s environmental values in relation to protected manne plants. The review consisted of searches of government planning instruments and databases, as well as relevant academic literature, and aenal imagery of the site. Multiple mapping products and databases were utilised to determine species, ecosystems, communities, and areas of conservation significance with potential relevance to the study area (1-2km radius around central coordinates (Latitude -26.39772, Longitude 153.05997), or relevant Lot on Plan of the site, dependent on database). Sources of information are listed below and described in Appendix B. a) Regulated Vegetation Management Map or Property Report (Queensland Government, 2023a), which can include: Regulated vegetation management map Vegetation management supporting map Essential habitat table and map Protected plants flora survey trigger map, and Koala prionty area, koala habitat area and identifies koala broad-hectare area map. b) Queensland Waterways for Waterway Barrier Works spatial data layer and guideline (Queensland Globe, 2023 and DAF, 2021). c) Queensland Coastal Hazard Area Property Map (Queensland Government, 2023d). o Erosion Prone Areas o Storm Tide Hazard Area d) Queensland Globe mapping layers (Queensland Globe, 2023) o Declared Fish Habitat Area o Sea Turtle Nesting Area o QSpatial —- Highest Astronomical Tide (HAT) °o oooo0o 2.2. Marine Protected Plants Survey A detailed marine protected plant survey was conducted on the 27” April 2023, which included identification of marine plant specimens below and adjacent to the HAT within the survey area. This survey area covered an approximate area of 265m?, all of which is deemed to be tidally influenced and therefore subject to the requirements of the protected marine plants survey. The definition of ‘marine plants’ and ‘dead manne wood’ contained in section 8 of the Fishenes Act 1994 and in section 5.4 of the Department of Primary Industries and Fishenes Management and protection of marine plants and other tidal fish habitats, Fish Habitat Management Operational Policy (Couchman & Beumer, 2007) was used for the purposes of the survey. ‘Marine plant’ includes the following — (a) A plant (a tidal plant) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen; (b) Matenal of a tidal plant, or other plant material on tidal land; Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 7 Document Set ID: 22549959 Page 26 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters (c) A plant, or material of a plant, prescribed under a regulation or management plan to be a marine plant. Marine plants include mangroves, Swamp she-oak with Salt couch understorey, seagrass, samphires, saltbushes, Salt couch and saltmarsh plants, algae and other tidal plants that are growing adjacent to the tidal zone, landward and seaward, above and below HAT, are protected under the Fishenes Act 1994. All other native plants and plant material growing below HAT are also protected under the Act. ‘Dead marine wood’ means a branch or trunk that is or was part of a manne plant. Plant matenal on tidal land includes all non-native species unless listed under the Biosecunty Act 2014 as a Restricted Invasive Plant (RIP). The following methodology was used to conduct the marine plant survey: e The survey area was projected into ArcGIS pro 3.0.2 along with QLD govemment spatial data including vegetation management, waterways, elevation and cadastral layers and exported to the Avenza maps application for viewing on an Ipad with inbuilt GPS. The Queensland Goverment mapped HAT layer was sourced from QSpatial and projected into ArcGIS for visualisation of areas above / below HAT. This was ground-truthed on site by observing characteristics such as presence and absence of marine tolerant species and the landform, and adjusted to the high-water mark to compensate for inconsistencies in the data. e The botanist surveyed the vegetation for marine plants designated under the Queensland Fisheries Act 1994. All plants below HAT were considered ‘marine plants’. Above HAT, plants were considered ‘manne plants’ if they were within/ or adjacent to a tidal area, and species listed in the Fish Habitat Management Operational Policy (Appendix 1, Table 3) (Couchman & Beumer, 2007) including mangroves, Melaleucas, Swamp she-oak with Salt couch understorey, Salt couch, Samphire and Mangrove fem. e The area of marine plants occurring above and below the estimated HAT was measured by a vertical projection downwards of the living and attached plant material. This cover equates to the projected foliage cover in the Fish Habitat Management Operational Policy (Couchman & Beumer, 2007). e The botanist recorded what percentage of the area occupied by each species or marine plant community would be subject to temporary impacts (i.e., where manne plants were considered likely to be able to recolonise within 5 years of disturbance) or permanent impacts (i-e., where clearing required for proposed works would result in permanent loss of marine plants). « The maturity of mangroves and presence of pneumatophores was noted using the following size classes: adults (>2m tall); saplings (<2m tall); seedlings (<0.5m tall). e Survey results were imported into GIS pro 3.0.2 for analysis of species composition and total areas of temporary and permanent impacts to marine plants from proposed works. Impervious surfaces such as concrete pathways were excluded from the areas of impacts to marine plants. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 8 Document Set ID: 22549959 Page 27 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters 3.0 RESULTS - MARINE PLANT IMPACT ASSESSMENT The vegetation within the works footprint at Catalina Jetty is all within tidally influenced areas and deemed as marine plants for this survey. The survey area is dominated by introduced grasses Blue couch (Digitaria didactyla) and Buffalo grass (Stenotaphrum secundatum) interspersed with a small amount of native Salt couch (Sporobolus virginicus) at the revetment wall and along the nver bank. Native spurge groundcover (Chamaesyce drummondil) is also present in high density within the semi-paved access road area. Two Moreton Bay ash (Corymbia tessellaris) trees with median Diameter at Breast Height (DBH) of 205mm occur along the southem boundary of Lot 164 (Tree identification numbers 4 & 5, Figure 2), which will not be impacted from proposed works. Two large Swamp she oaks (Casuarina glauca), occur at the eastern and westem boundary of Lot 164 within Apex Park, with their root systems extending into the proposed works area (Tree identification numbers 3 & 6, Figure 2). The root systems have also been impacted by erosion exposing some structural roots along the river bank (northem side of trees). The Tree Protection Zone (TPZ) and/or Structural Root Zone (SRZ) of these trees may be impacted by proposed works, and arborist assessment may be required to advise on management of these individuals, especially in relation to potential impacts from cementitious injection grout at the westem tree (tree number 6). In relation to tree health, it is considered that additional future works may be required in the adjacent Apex Park to stabilise the structural root zone of these trees to ensure that they are not undermined, resulting in potential collapse of these trees into the river. Within the river bed one small plant of Dugong grass (Halophila ovalis) with 6 leaves occurs 1m north of the eastern revetment wall within approximately 40cm deep water. The remainder of the river bed area contains bare sand with a small amount of algae growth apparent on some of the submerged rocks and parts of the wall. Adjacent to proposed works along the Noosa River, Swamp she oak are growing below the HAT along the nver bank, with Moreton Bay ash (Corymbia tessellaris) Small-fruited grey gum (Eucalyptus propinqua), and Fineteaved red gum (Eucalyptus seeana) above the HAT on the riverbank. Total impacts to marine plants cover an area of 231.65m? within the survey area. The areas of permanent disturbance to marine plants associated with revetment wall replacement and upgrade works include 13.2m? within section 1 (eastem revetment wall), and 9.3m? within section 2 (westem revetment wall). The areas of temporary disturbance to marine plants associated with site access and a holding/ storage area for works include 207.5m? within the southem section of the Lot and part of adjacent Lot 151, as well as to 1.65m? within the nver bed of section 1 & 2 where construction may temporarily disturb the sandy substrate and associated marine plants. The impacts to marine plants are summarised in Tables 1 and 2, and Figure 2. The location and distribution of marine plants is shown in Figure 3, with further information on trees present at site detailed in Appendix C. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 9 Document Set ID: 22549959 Page 28 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters able 1: Permanent impacts to marine plants CATALINA JETTY MARINE PLANTS PERMANENT IMPACT Description of impact Type of Area of impact Salt couch (Sporobolus virginicus) occurs scattered at the top of the bank and around the access ramp with exposed Swamp she oak (Casuarina glauca) roots. Remainder of area contains Blue couch (Digitaria didactyla) and Buffalo grass (Stenotaphrum secundatum). Sea algae species 6x small clumps at base of wall Revetment wall replacement will cause loss of 13.2mé of marine plants. Care will be taken to ensure other marine plants adjacent to the revetment wall upgrade works footprint are not disturbed. Total Area: 13.2m2 Casuarina glauca roots (15%) Area: 198m? Sporobolus virginicus (5%) Area: 0.66m* Digitaria didactyla (50%) Area: 6.6m? Stenotaphrum secundatum (28%) Area: 3.83m* Algae sp. (1%) Area: 013m? MP AREA-B Section 2 - Wester revetment wall & associated Fiver bank area. Refer to Figure 2 for areas. ‘Swamp she oak (Casuarina glauca) root system (at riverbank and underneath revetment wall) with bare sand. Sea algae species 2.x small clumps at base of wall Cementitious injection grout may cause loss of 9 3m of marine plants. Care will be taken to ensure other mangroves and marine plants adjacent to the works impact comidor are not disturbed. Total Area: 9.3m? (Casuarina glauca root system (3%) Area: 9.2m? Algae sp. (1%) Area: 0.1m? 225m? Development Is limited to permanently remove, damage, destroy marine plants within 22.5m2 in laccordance with Condition 8 of referral agency response 2211-31930 SRA fed by SARA on Catalina Jetty. Gympie Terrace, Noosavile — Marine Plant Assessment PLANS AND DOCUMENTS referred to in the REFERRAL AGENCY RESPONSE = SARA ref: 2ay1.91890 SA, Date. 37 wy 203 Native Foresters Table 2: Temporary impacts to marine p CATALINA JETTY MARINE PLANTS TEMPORARY IMPACT Description of impact ‘Type of disturbance Area of impact to Figure 2 for areas. Bare sand dominates, with: Dugong grass (Halophila ovalis) 1 plant -6 leaves (east) ‘Sea algae species 15 x small clumps (east & west) Dead marine wood (1.2nt) (east & west) Revetment wall replacement will cause temporary loss of 15m? marine plants. Marine plants that face temporary impacts are expected to grow back within Syears. Care will be taken to ensure other marine plants adjacent to the revetment works area are not disturbed. Total Area: 1.65m? Healophila ovalis (18%) Area: 0.3m? Algae sp. (9%) Area: 015m? Dead marine wood (73%) Area: 1.2m? Development is limited to temporarily remove, damage, ‘Semi-paved area contains- Native spurge ( and (Chamaesyce drummondii Blue couch (Digitaria didactyia) within the laticework-style paving. Grass areas contain - Blue couch (Digitaria didactyla) and Buffalo grass ( Stenotaphrum secundatum), with 2 Moreton Bay ash (Corymbia tessellaris). Grass may be temporarily impacted, however no impacts to these 2 trees will occur. ‘Access track and site holding! storage area may cause the temporary loss of 207.5m* of marine plants that are within or adjacent to tidal areas. Marine plants that face temporary impacts are expected to grow back within 5 years. No impacts will occur to the 2 Moreton Bay ash (Corymbia tessellaris). Total Area: 207.5m* \destroy marine plants within 209.15m2 in laccordance with Condition 9 of referral agency response 2211-31930 SRA Amended in red by SARA on 17 Jay 2003 PLANS AND DOCUMENTS referred to in the REFERRAL a Catalina Jetty. Gympie Terrace, Noosavle — Marine Plant Assessment Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 AGENCY RESPONSE i eR.91998 884 SARA ref Date: $7200, Page 29 of 38
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Native Foresters FIGURE 3: Marine plants surrounding Catalina Jetty, Noosa River Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 13 Document Set ID: 22549959 Page 31 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters 4.0 SUMMARY AND RECOMMENDATIONS The data collected during the marine plant survey of Catalina Jetty survey area indicates that there is the potential for impacts to 231.65m? of marine plants, which includes: A total permanent area of 22.5m? which includes: = 11.2m? of permanent impact to Swamp she oak roots, where material will be removed or treated during revetment wall replacement and upgrade; = 0.66m? of permanent impact to Salt couch, where material will be removed during revetment wall replacement and upgrade; = 6.6m? of permanent impact to Blue couch, where material will be removed during culvert replacement; = 3.828m? of permanent impact to Buffalo grass, which will be removed during revetment wall replacement and upgrade; = 0.23m* of permanent impact to Sea algae, where material will be removed during revetment wall replacement and upgrade. A total temporary area of 209. 15m? which includes: = 0.3m? of temporary impact to Dugong grass on the river bed, where material will be impacted during revetment wall replacement; = 0.15m? of temporary impact to sea algae on the nver bed, where material will be impacted during revetment wall replacement and upgrade; = 1.2m? of temporary impact to dead marine wood on the river bank, where material will be impacted during revetment wall replacement; = 87.15m? of temporary impact to Blue couch within Lot 164 and 151, where material will be temporarily disturbed during use as an access road and storage site; = 62.25m? of temporary impact to Buffalo grass within Lot 164 and 151, where material will be temporanily disturbed during use as an access road and storage site; = 58.1m# of temporary impact to Native spurge within Lot 164 and 151, where material will be temporarily disturbed during use as an access road and storage site. Care will be required during works to ensure that other marine plants within or adjacent to the works footprint comdor are not disturbed, especially mature Swamp she oak directly adjacent to the eastem and westem extent of works within Apex Park (Lot 151). Consultation with a professional Arborist (and in conjunction with Noosa Council), may be required to assess potential risks to tree health from proposed works, and to assess future management options in relation to ongoing erosion undermining the structural roots of the trees along the river bank. Temporary impacts should be minimised to river bank and river bed areas containing marine plants within the works corndor. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 14 Document Set ID: 22549959 Page 32 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters REFERENCES Bureau of Meteorology (BoM). (2022). Climate data online. Retrieved from: http:/www.bom.gov.au/climate/data/. Business Queensland. (2023). Restricted invasive plants. Queensland Govemment. Retrieved from: https:/www.business.qid.gov.au/industnes/farms-fishing- forestry/agriculture/biosecurity/plants/invasive/restnicted Couchman, D and Beumer, J. (2007). Management and protection of marine plants and other tidal fish habitats. Queensland Department of Primary Industries and Fisheries, Fish Habitat Management Operational Policy FHMOP 001. Department of Agriculture and Fisheries (DAF). (2021). Queensland Waterways for Waterway Barrier Works spatial data layer: Guide to determining waterways. Retrieved from: https:/www.daf.qid.gov.au/__data/assets/pdf_file/0011/1564508/QWWBW-Guide-to-determining- waterways.pdf Department of Agriculture, Fisheries and Forestry (DAFF). (2019). ALUM Classification Version 8 (October 2016). Australian Goverment. Retrieved from: https:/Awww.agniculture.gov.au/abares/aclump/land-use/alum-classification/alum-classes. Leiper, G., Glazebrook, J., Cox, D. and Rathie, K. (2009) Mangroves to Mountains. A Field Guide to the Plants of South East Queensland. Revised Edition. Society for Growing Australian Plants - QLD Region. Queensland Herbarium (2021). Regional Ecosystem Description Database (REDD). Version 11.1 April 2019 (DSITI: Brisbane). Queensland Govemment, Department of Infrastructure, Local Govemment and Planning. (2017). State development assessment provisions, version 2. State code 11: Removal, destruction or damage of marine plants. Department of Infrastructure, Local Govemment and Planning, Brisbane. Queensland Govemment. (2017). State Development Assessment Provisions Guidance Maternal: State code 11: Removal, destruction or damage of marine plants. Prepared by the Department of Agriculture and Fisheries. Queensland Globe. 2023. Queensland Globe. Queensland Govemment. Retrieved from: https://qldglobe..information.ald.gov.au/ Queensland Govemment. (2023a). Request a vegetation or property map. Retrieved from: https:/www.resources.qid.gov.au/qid/environment/land/vegetation/vegetation-map-request-form Queensland Govemment. (2023b). Request a species list. Retrieved from: https://apps.des.qid.gov.au/report-request/species-list! Queensland Govemment. (2023c). Environmental reports online. Retrieved from: https:/Awww.qid.gov.au/environmentipollution/management/environmental-reports-online Queensland Govemment. (2023d). Request a coastal hazard property map. Retrieved from: https://apps.des.qid.gov.au/map-request/coastal-hazards/ Wilson, P.R. and Taylor, P.M. (2012). Land Zones of Queensland. Queensland Herbarium, Deparment of Science, Information Technology, Innovation and the Arts. Retrieved from: https://environment.des.qid.gov.au/__data/assets/pdf_file/0038/89669/land-zones-queensiand.pdf Catalina Jetty. Gympie Terrace, Noosaville — Marine Plant Assessment 15 Document Set ID: 22549959 Page 33 of 38 Version: 4, Version Date: 23/08/2023
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Native Foresters APPENDIX A - CATALINA JETTY —- CONSTRUCTION DESIGN PLAN MY Catalina Jetty. Gympie Terrace, Noosaville — Marine Plant Assessment 16 Native Foresters Catalina Jetty. Gympie Terrace, Noosaville ~ Marine Plant Assessment 7 Document Set ID: 22549959 Page 34 of 38 Version: 4, Version Date: 23/08/2023
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| nett IN phd NOT FOR CONSTRUCTION = == Nan erry seronces © Long View Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 18 Page 35 of 38
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Document Set ID: 22549959 Native Foresters APPENDIX B —- DATABASE AND MAP SEARCHES USED FOR DESKTOP REVIEW OF SITE ENVIRONMENTAL VALUES DATABASE / MAP SOURCE | DESCRIPTION PRODUCT Regulated Vegetation DR, 2023 | Regulated Vegetation mapping shows vegetation categories that determine clearing Management Map requirements as gazetted under the Qid Vegetation Management Act 1999. The Regulated Vegetation Supporting map provides information on regional ecosystems, wetlands, watercourses, and essential habitat and factors. Protected Plants Flora DES, 2023 | This tool identifies whether a proposed clearing area lies within a high risk area that Survey Trigger Map) may contain EVNT plant species. It is used to determine when a flora survey needs fo meet the requirements of the Queensland Flora Survey Guidelines — Protected Plants (NCA, 1992). Essential Habitat Map DR, 2023 | Essential Habitat is @ vegetation ecotype that is considered by DES to form potential habitat for an EVNT species that is listed under the Nature Conservation Regulations (2020). Essential Habitat mapping is provided in conjunction with Vegetation Management mapping as gazetted under the VMA (1999). WildNET Database DESIDSITI | Wildlife sightings and listings for all flora and fauna species within a designated area. A, 2023 EPBC Protected Matters | DoE, 2023 | This tool generates a report that indicates whether matters of national environmental Search Tool significance or other matters protected by the Environment Protection and Biodiversity Conservation Act 1999 that are likely to occur in your area of interest — Indicative only. Map of Referable Wetlands | DES, 2023 | A statewide regulatory map under the Environmental Protection Regulation 2008 which identifies wetlands of high ecological significance (HES) and general ecological significance (GES). HES wetlands are considered MSES under the Planning and Environmental Offsets legislation. Matters of State DES, 2023 | This report identifies MSES as referenced in the biodiversity state interest under the Environmental State Planning Policy (SPP). MSES encompass environmental values protected | Significance (MSES) under Queensland leaislation, including Sea Turtle Nesting Areas. Queensland Waterways for | QLD Globe, | This spatial data layer guides the determination of whether operational work that is Waterway Barrier Works | 2023 constructing or raising waterway barrier works ie. works that may inhibit the free spatial data layer and movement of fish along waterways and onto floodplains, complies with the accepted guideline development requirements or is assessable development requiring a development approval under the Planning Act 2016. Queensland Coastal DES, 2023 | These maps display the inland boundaries of the coastal management district. Maps Hazard Areas maps also display areas considered vulnerable to coastal erosion or permanent tidal inundation and areas that have a 1% or greater risk of storm tide inundation in any one year including projected climate change impact to 2100 (a 0.8m increase in sea level). It shows two risk areas: high risk areas where inundation would be greater than 1m in depth, and a medium risk area where inundation will be less than 1m. Catalina Jetty, Gympie Terrace, Noosaville — Marine Plant Assessment 19 Version: 4, Version Date: 23/08/2023 Page 36 of 38
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APPENDIX C - TREE IDENTIFICATION TABLE Native Foresters TREE | Species Name ‘Common Name DBH (mm) Latitude Longitude Notes 1D 4_| Casuarina glauca Coastal she oak 480, 190 -26.39781551 153.0601211 Adjacent to works. Roots exposed ‘Adjacent to works. Undercut - Concrete, geo-fabric, 2 | Park bench -26,39780832 | _153,0600979 rocks and rosts exposed ‘3 Stems split at chest height, roots exposed at revetment wall and access ramp. Understorey is Common couch and Buffalo grass (95%) & Salt Casuarina Coastal she oak 320, 230,410 -26.39779737_ 153.0600653 couch (5%) at boat, Dead marine wood at waterline 4 | Conmbia tessellaris Moreton Bay ash 220 | _-26.39783495 | __153.0599692 Scratches (small, possibly Sugar glider) 5 | Conmbia tessetlaris Moreton Bay ash 130 | _-26.39783002 |__153.0599322 Scratches (small, possibly Sugar alder) With sapling Small-fuited fig (Ficus obliqua) at base & Needie-leaf mistietoe (Amyema cambagei) in canopy. Infilling and erosion at tree base - concrete, rocks and structural roots exposed at base of 6 | Casuarina glauca Coastal she oak 490.210 | _-26.39776599 | __153.0598244 revetment wall Catalina Jetty. Gympie Terrace, Noosaville — Marine Plant Assessment 2 Document Set ID: 22549959 Version: 4, Version Date: 23/08/2023 Page 37 of 38
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 22549959
Version: 4, Version Date: 23/08/2023