09/0943 - Op works - Jetty & Boatlift [As Published] · 142009.943

 

INTEGRATED PLAHMING ACT 1997 Pari A, Version 3.1, 3 March 2008

General advice

. Part A of IDAS Development Application F orm 1 must be completed and accompany all development applications. The apple ant is responsible
for answering all questions fully and correctly, uniess following a response there is a statement to go directly ta anather quesiion. The
Assessment Manger may refuse to receive an application thai is nol properly made.

. The IDAS Assessment Checklist musi also be completed for all develop ment applications, other than those re quiring assessment against ihe
Building Act 1975 only, Le. those applications requiring the completion of Parts A and B onty.

 

 

Applicant details

 

. ifthe applicant is a company or organisation, a contact person must be nominated. The applicant's signalure i not required to be provided
under the IPA

Details of the premises

. The term ‘premises’ is defined by the IPA, schedule 10 io mean a building or other structure, and land {whether or not a building or other
structure is situated on the jand). The term ‘land! is also defined fo include the estate in, on, over ar under the land

. Delails of the land are not required if he application involves @ mobile and temporary Environmentally Relevant Activity only. Instead complete
Table A

° The premises may be identified in a number of ways --

* Streel address and lot on plan are most common and will apply fo most applications.

* Coordinates may provide the besi means of accurately identifying Ihe location of development proposed in waters, or ona relatively small
development site distant from properly boundaries on a large lol. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application. Eastings and northings using GDA94 datum is preferred, but longitude and latitude and other
(specified) datum such as Zone Reference or GS84 may be provided.

je The definition of water body’ and “wal ercourse’ can vary from Act to Act.

. SirategicPortL andis within @ local government area but a local government's planning sche me does not apply onSlrategioPoriLand.
StrategicPortL andis declared under the Transport Infrastricture Act 1994. For further information go to (DAS Guide 14 (Development on
slrategic port land) and ithe Queensland Trarsporl (Porls) website

° “Tidal water’ is defined in the Coastal Protection and Management Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic
port land is defined in the IPA (achedule 10). Generally, the area below “high-water mark’ (defined by the Coastal Act in relation to high water
mark at spring tides) establishes the boundary of a tidal area. Land below high waler mark is not within a local government's area unless
provided for under the Local Govemment Act 1993. Unless otherwise provided for by legislation, a local government has no jurisdiction below
high water mark, A tidal area for strategic port land is within the jurisdiction of the relevant port authority, while the Environmental Protection
Agency generally has jurisdiction for a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and
deciding applications for prescribed tidal works within the local government tidal area, and the planning scheme may be applied to thal
asseasment (to the extent provided for in the code for prescribed tidal work).

 

Resource entitlement

. Section 3.2.1(5} of the IPA requires evidence of resource entillement be given for applications if they involve taking or interfering with @
prescribed Slate resource, Schedule 10 of the integrated Planning Regulation 1998 (IPR) prescribes the State resources, including State-
owned land, where evidence is required to be given, and the evidence required to support the application. Link to Integrated Planning
Regulation. Section 3.2.1 (10)(a)(ii} states an application cannot be taken to be properly made without thie required evidence.

. For applications involving the taking or interfering with water under the Water Act, the development application may be made al the same
lime as the request for resource entitlement, and the Deparment of Natural Resources and Water will accept the application as properly made,

. For State-controlled roads, a resource entille mend is not required for an activity that is exempt ancillary works or encroachment (identified by
gazelle notice under the Transport Infrastructure Act 1994, seclion 50), or if Ihe aclivily requires referral 1o lhe Department of Main Roads.

° Evidence may be required from more than one Department responsible for a State-owned resource, 9.g. from the Environmental Protection

Agency for quarry material below high water mark, and the Depart ment of Natural Resources and Water in relation to the State-owned land
above high water mark

 

Owners consent

. Section 3.2.1 (2) of the IPA prescribes that an application must contain, or be supported by, the wrilten consent of the land owner!s, if the
application involves: a material change of use; reconfiguration of a lol; work on land below high-water mark and not wihin a canal as defined
under the Coastal Protection and Management Act 1995, or work on rail corridor land defined under the Transport Infrastructure Act 1994,

° Eviderice of this consent may need {o be provided before the application will be accepted as properly made by the Assessment Manager, during
. the processes of the application or in the event of an appeal about the outcome of the application
. ‘Owner’ for the purpose of a lodging an IDAS development application means the person at the lime of lodging the application, entitled {o
receive the rent for the land (or would be entitied to receive the rent for it if it were let to atenant al a rent)
. Templates are available from the IPA website for ihe provision of owner's consent as an attachment to this form. However olher documentation
. may be used for providing owner's consent provided it is clear the documentation relates fo the develop ment application for the pre mises.
. Owner's conseni, if required, must be provided even if the applicant is the owner. Owner's consent is not required for a mobile and temporary

ERA.