Council archive · source document
Decision Letter - Change to an Existing Approval - Plus Copy sent to DERM & QT (Maritime) [As Published] · 142008.383.02
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2008/383
Your Reference:
8 January 2010
Sunshine Coast Regional Council
Denis Shaw
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Dear Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 5 January 2010 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2008/383
Street address: Claude Batten Drive & Haul Road Noosa Heads
Real property description: Lot 114 MCH 839107 & Lot 115 MCH 839107
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 8 January 2009 decided to issue the following type of approval:-
Development Permit for Operational Works - Prescribed Tidal Works - Access Jetty; Coastal
Development Pumping facility
In relation to the request to make a change to the existing approval, Council on 5 January 2010
decided to:
A. Approve a change to the development approval with changes to condition 1
B. Include amended Concurrence Agency conditions
C. Issue a Change to Development Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2008/383
4 ASSESSMENT MANAGER CONDITIONS
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 and as
may be amended by these conditions and annotations made to the plans: -
Plan / Rev. Plan / Document Name Date
Document No.
33030-0-01 2 Noosa Beach Nourishment Sands 7 July 2009
Recycle Automated System Pump
Station G.A. Sh 1 of 2
33030-0-02 2 Noosa Beach Nourishment Sands 12 July 2009
Recycle Automated System Pump
Station Elevations. Sh 2 of 2
33030-0-03 2 Noosa Beach Nourishment Sands 11 July 2009
Recycle Automated System Pump
Station Site Plan
33030-0-04 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Sea Water
Supply Pump Station G.A.
33030-0-05 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Sea Water
System Site Plan
33030-8-01 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Transfer
Pipeline Alignment
11456-1B B Proposed Sand Recycling Trial – August 2004
Noosa Spit Beach to Noosa Main
Beach Noosa Heads – Site Plan and
Details
- - Noosa Beach Nourishment Sands -
Recycle Automated System Land
Development Contours
and as may be amended by these conditions.
2. Suitable signage shall be placed at the perimeter of the work areas advising that the area is
not accessible for members of the public. The signs shall be placed prior to construction works
commencing and permanently affixed to the inlet jetty and pump station upon completion of
the works. The design of the signs shall be approved by Council’s Manager – Works Planning
prior to the erection of the signs.
3. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use.
4. The clearing or disturbance of existing vegetation shall be limited to the proposed works area
and any necessary access ways extending from the existing road formation to the works area.
5. Any areas of removed or disturbed vegetation remaining after the works shall be replaced with
suitable local native vegetation approved by Council. The revegetation shall be carried out in
accordance with Council’s Planning Scheme Policy No 3 Landscaping Plants & Guidelines.
6. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
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7. Certification by a Registered Professional Engineer of Queensland shall be submitted to
Council stating that the works have been constructed in accordance with best practice
methods, is in accordance with Coastal Protection and Management Act 1995 (specifically the
engineering previsions of the Coastal Protection and Other Legislation Amendment Regulation
(No.1) 2005, Schedule 4A – IDAS Code for development applications for prescribed tidal
work) and is structurally sound.
8. This approval or its conditions do not constitute a ruling on structural safety and the applicant
must make their own arrangements to ensure adequacy of design and work. Furthermore, the
approval does not warrant that associated plans and specifications have been checked in
detail, nor does it 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 statutes and/or
statutory regulations in the execution and/or performance of the works. The Council does not
accept any responsibility for the accuracy of any plans and specifications as approved.
9. The Development Permit for a Operational Works lapses if the use has not happened by 9
January 2011, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Tidal work that is Concurrence Department of Ecoaccess Customer
prescribed tidal work Environment & Service Unit,
other than in a canal Resource PO Box 15155,
Management CITY EAST QLD 4002
Tidal work that is Concurrence Queensland MacArthur Avenue East
prescribed tidal work Transport – PINKENBA Qld 4008
Maritime Services
Qld
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
33030-0-01 2 Noosa Beach Nourishment Sands 7 July 2009
Recycle Automated System Pump
Station G.A. Sh 1 of 2
33030-0-02 2 Noosa Beach Nourishment Sands 12 July 2009
Recycle Automated System Pump
Station Elevations. Sh 2 of 2
33030-0-03 2 Noosa Beach Nourishment Sands 11 July 2009
Recycle Automated System Pump
Station Site Plan
33030-0-04 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Sea Water
Supply Pump Station G.A.
33030-0-05 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Sea Water
System Site Plan
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2008/383
33030-8-01 2 Noosa Beach Nourishment Sands 13 July 2009
Recycle Automated System Transfer
Pipeline Alignment
11456-1B B Proposed Sand Recycling Trial – August 2004
Noosa Spit Beach to Noosa Main
Beach Noosa Heads – Site Plan and
Details
- - Noosa Beach Nourishment Sands -
Recycle Automated System Land
Development Contours
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Not applicable
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable
12 SUBMISSIONS
Not applicable.
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2008/383
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
8 January 2009 - Original Decision Notice.
5 January 2010 - Approve a change to the
development approval with
changes to condition 1 and
amend Concurrence
Agency conditions
Yours faithfully,
Denis Wallace
Senior Development Planner
Cc:
Department of Environment & Resource Management
Ecoaccess Customer Service Unit,
PO Box 15155,
CITY EAST QLD 4002
Queensland Transport – Maritime Services Qld
MacArthur Avenue East
PINKENBA Qld 4008
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2008/383
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/383 Page 7 of 19 [OCR of page images] 2008/383 Amended Concurrence Agency Response - |IPCC01117608 DERM Ref Number - IPCC01117608 3. Currency period This approval will lapse unless substantially started within the currency penod/s set by the Assessment Manager OR the standard currency penods stated in section 3 5 21 of the Integrated Planning Act 1997 applying to each aspect of development in this approval AND/OR the following currency periods applying to aspects of development in this approval This approval will lapse unless substantially started within two years 4. The approved plans The approved plans and/or documents for this approval are Pian/Document No, Plan/Document Name Date 33030-8-01 Noosa Beach Nounshment Sands Recycle Revision 2 Automated System - Transfer Pipeline Alignment dated 13/07/09 33030-0-05 Noosa Beach Nounshment Sands Recycle Revision 2 Automated System — Sea Water System Ste Plan | dated 13/07/09 Noosa Beach Nourishment Sands Recycle 33030-0-04 . Revision 2 pm System - Sea Water Supply Pump dated 13/07/09 33030-0-03 Noosa Beach Nounshment Sands Recycle Revision 2 Automated System = Purnp Sin Site Plan dated 11/07/09 33030-0-02 Noosa Beach Nounshment Sands Recycle Revision 2 Automated System — Pump Staton G A Sh 2 of 2 dated 12/07/09 Noosa Beach Nounshment Sands Recycle 4 : Revision 2 33030-0-0 a System Transfer - Pump Stabon GA Sh | 4.1 samziog Proposed Sand Recycling Tnal — Noosa Sprt Beach 11456-18 to Noosa Mamn Beach Noosa Heads — Ste Plan and | Revision B Details NA Noosa Main Beach Nounshment Sand Recycle NA Automated System Land Development Contours Page 2 of 7 + AF060109 Department of Environment and Resource Management Page 7 of 19
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2008/383 Page 8 of 19 [OCR of page images] 2008/383 Amended Concurrence Agency Response - IPCC01117608 Conditions of the Development Approval Agency Interest: General 1 The works must be undertaken generally in accordance wath the approved plans listed under part four (4) of thes notice 2 If thes development approval lapses and the permanent sand shifting facility has not been constructed, Sunshine Coast Regional Council must ensure that the temporary facility and all associated pipes are removed within 20 days of the permit lapsing 3. The sand shifting activity and/or associated activities must not cause any disturbance to any items of cultural hentage in the area If any items of cultural heritage are discovered during construcbon or operation, works must cease immediately and the appropnate authoribes must be noted 4 The Sunshine Coast Regional Council must ensure that all appropriate measures are taken to prevent polluton as a result of silt runoff, of and grease spills from machinery, concrete truck washout and alike Concrete agitator wash out shall only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill Wastewater from cleaning equipment shall not be discharged directly or indirectly to any waters 5 Your attenton 1s drawn to the provisions of the Environmental Protection Act 1994 and the general environmental duty of care not to pollute the environment or create a contaminated ste when undertaking works Agency Interest: Coastal Sand Shifting Activity 6 The sand shifting actvity and/or associated actrvibes must not cause adverse impacts on the natural coastal processes of the region 7 Amaximum volume of 60,000m3 of sand may be removed from the borrowed areas within any twelve (12) month penod, provided it is consistent with the net natural littoral drift rates and does not affect the other approval conditions 8 Sands to be only extracted from area labelled ‘Area of Sand Extraction’ and only deposited in area labelled “Area of Sand deposition’ as shown in Figure 1 (Drawing 33020-8-01 E) 9 While the sand shifter can be operated anywhere within the 200m x 55m area depicted east of the nver mouth traning wall, its locaton shall always be sufficiently seaward to provide sufficient beach width 50 @$ not to have detrimental impacts on the dune and vegetabon system The sand shifter is not to cause any long term recession of the beach profile 10 No sand ss to be ramoved from the coastal dune system 11 No sand shall be permanently removed from the active beach system Page 4 of 8+ AFORD100 Department of Enveronment and Resource Management Page 8 of 19
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2008/383 Page 9 of 19 [OCR of page images] 2008/383 Amended Concurrence Agency Response - |PCC01117608 5. Codes for self-assessable development Any self-assessable development for an environmentally relevant actrvity conducted in conjunction with thes approval, must comply with the relevant code of environmental compliance 6. Assessment Manager Responsibilities Please note that it is a requrement under Sections 3 5 15 and 3 5 17 of the Integrated Planning Act 1997 that a copy of the final Decision Notice (which includes DERM's concurrence response) for this application sssued by the Sunshine Coast Regional Counc, be forwarded to each referral agency Therefore could you please send a signed hardcopy to DERM'’s Ecoaccess Customer Service Unit, PO Box 15155 CITY EAST 4002 and an electrome copy to eco access@derm gid gov au In addition, the State's Native Title Work Procedures indicate that responsibility for assessment of natrve title issues for an IDAS application rest with the Assessment Manager Therefore in this mstance, DERM has not provided a notification to native title parties If you require more information, please contact Jessica Johnson, the Project Manager, on the telephone number listed below Yours sincerely [ (0/iz[o4. Signature Date Ben Sale Enquiries Manager (Sunshine Coast) ES - Reg Serv - Bne North - Sunshine Coast - Brisbane North Region DERM Environmental Services South PO Box 168 COTTON TREE QLD 4558 Department of Environment and Resource Management Phone: (07) 5459 6141 Fax (07) 5443 9927 Page 3 of 8 - AF080109 Department of Environment and Resource Management Page 9 of 19
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2008/383 Page 10 of 19 [OCR of page images] 2008/383 12 13 14 16 Amended Concurrence Agency Response - |PCC01117608 The sand shifting activity and/or associated activites must not result in changes to hydrodynamics, tdal pnsm and tdal regime of the Noosa River All praccal and reasonable measures must be taken to prevent the occurrence of by-catch associated vath the operation of the sand shifting activity and/or associated activites The sand shifter is not to operate below a depth of 8 metres below the natural surface profile or the depth required to maintain stabelity of the Noosa River Training wall (whichever is the lesser) ‘Sand shail be placed uniformly along the section of beach to be nounshed using the discharge outlets available and in accordance with the specified plans All deposited sand shail be clean and free of silt, clay, organic matenal or any other deleterious substance and must be of a grain size compatible with the existing beach sand Acid Sulfate Souls 17 18 19 For all works within the Noosa Estuary that may potentially expose acid sulphate soils, an acid sulfate sod mvestigation must be performed in accordance with the QASSIT Guidelines (Ahern C R_, Ahern MR and Powell B , 1998, Guxdelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensland 1998, Queensland Department of Natural Resources and Mines) or subsequent versions thereof, prior to commencing the construction works Construction and operation of the sand shefting facility must comply with the latest edition of the Environmental Protection Agency's Instructions for the Treatment and Management of Acid Sulfate Sars, 2001 Acid sulfate soils must be managed such that contaminants are not directly or ndwecily released, as a result of the construction and operation of the sand shifting activity and/or associated activities, to any waters or the bed and banks of any waters Vegetation and Dune Stabudity 20 21 22 23 24 All works must be undertaken in a manner that minwmises damage to the vegetation adjacent to the site The vadth of cleanng of the vegetation for access and construction works |s to be minimised and mature trees are to be retained where possible by minor realignment of the works All organically ennched sand removed from the top layer (topsoil) within the proposed development areas must be stockpiled separately prior to excavabon, and respread over the development area after re-profiling as part of the revegetation works All areas of exposed sand are to be stabilised against wind erosion dunng the construcbon penod All matenal excavated from a dunal system for construction works must be placed, levelled and stabilised against wind erosion on the seaward side of the building or structure Any erosion or loss of sand surrounding the works that occurs because of changes caused by the works must be rectified Page 5 of 8 » AFO@0109 Department of Environment and Resource Management Page 10 of 19
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2008/383 Page 11 of 19 [OCR of page images] 2008/383 Amended Concurrence Agency Response - IPCC01117608 26 Immediately following construction of the works The dunal areas are to be re-profiled to achieve the natural profile of the system, * Disturbed areas are to be stabilised agamst wind erosion and rainwater run-off erosion and revegetated through the re-establishment of the endemic native plants common to the site, « The revegetated area Is to be fenced off where necessary to prevent pedestrian access across the area, and * Riparian vegetation ts to be re-instated adjacent to the access jetty where exashng vegetation is disturbed and where existing pump infrastructure is removed 27 The drainage of process overflow waters and stormwater assocated vith the sand shefter pumping station must not cause erosion of the dune or beach system Site Access 28 Access to the permanent pumping station site shall be along the designated vehicle access track, and the surrounding dunal vegetation must be maintamed to the satisfaction of the Department of Environment and Resource Management Coastal Management 29 The sand shefting activity and/or associated activilies must not cause any long-term maintenance and management implications Erosion Prone Areas and Coastal Hazards 30 The Sunshine Coast Regional Council shall be responsible for the removal of the works, if in the opinion of the Department of Environment and Resource Management, the works causes unacceptable adverse effects or suffers the effects of erosion to the extent that t becomes a danger to the public 31 Should the sand shefting facility and associated infrastructure be damaged as a result of sea erosion the Sunshine Coast Regional Council shall be responsible for the removal of all debris from the beach 32 In the event of damage or loss by of the works by sea erosion, the Sunshine Coast Regeonal Council must submit another applicaton if reconstruction of the works is proposed 33 Awnritten undertaking from the Sunshine Coast Regional Council ts to be recerved by the Department of Environment and Resource Management agreeing that the works will be considered to be an expendable structure and that no protection works, other than beach nounshment will be carned out in the event of an erosion threat Page 6 of 8+ AFOSO109 Department of Environment and Resource Management Page 11 of 19
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2008/383 Page 12 of 19 [OCR of page images] 2008/383 ; Amended Concurrence Agency Response - IPCC01117608 Monitoring 4 The Sunshine Coast Regional Council is to develop a Sand Shifting Management Plan which details the operational and monitonng strategies consistent with the conditions of this approval The Plan shall include a monitoring strategy for ensuring that the pumping regume is consistent with the natural net Ittoral deft rates As a minemum, the plan should mclude monthly monitoring of the vegetation line 35 Details of the quantity of sand recycled are to be sent to the Department of Environment and Resource Management on a monthly basis 36 Within 12 months of establishment and at 5 yearly mtervals or sooner f the Department of Enveonment and Resource Management has reasonable concerns that the local or regional natural coastal processes are being adversely affected, a program of research must be undertaken to determine the long-term impacts of the sand shifting operation on the depositional! charactenstics of Noosa Estuary In particular, the Department of Enveonment and Resource Management seeks to determine whether the operation of the sand shifting facility vathin the active system undermines the supply of sediment to the estuary The Department of Environment and Resource Management must be consulted in the development of the research program 37 Recording of any faunal by-catch assocated with the sand shifting actrvrty must be undertaken on a daily basis during days of operation Records of by-catch must be provided to the Department of Environment and Resource Management bi-annually for the first year of operaton 38 Beach and dune profiling ts to be undertaken every 6 months for the first 5 years and annually thereafter from the sand extracbon area at Noosa Spit Beach to the sand depossbon area at Noosa Main Beach One profiling event must be a detated survey (survey intervals of <50m) and include profiling of the surf zone (minsmum 5m water depth) The other profiling event must include 4 profiles of the beach zone (two at Noosa Sprt Beach and two at Noosa Main Beach) Both surveys must be provided to the Department of Environment and Resource Management upon completion Page 7 of 6 « AF080109 . Department of Environment and Resource Management Page 12 of 19
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2008/383 Page 13 of 19 [OCR of page images] 2008/383 Amended Concurrence Agency Response - IPCC01117608 Figure 1: Drawing 33020-8-01 E (Areas of sand extraction and deposition). 52a me |e) 8 END OF CONDITIONS Page 6 of 8 « AF080109 Department of Environment and Resource Management Page 13 of 19
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2008/383 Page 14 of 19 [OCR of page images] 2008/383 scr CORFESH Ea Queensland Wenn ’. Government 30032864 19 November 2009 - Maritime Safety ie. Queensland slat Denis Shaw Queensland Transport Coastal & Canals Manager Sunshine Coast Regional Council Locked Bag 72 Sunshine Coast Mail Centre Attn: Penny Houston Dear Sir Tidal Works — Request for comments — Change to an existing approval for a sand recycling system at Noosa Spit. Thank you for your letter of 12 November 2009 about your application to change the existing approval for a sand recycling system at the location mentioned above. As a concurrence agency under the Jntegrated Planning Act 1997 and Coastal Protection Management Act 1995, Maritime Safety Queensland has no objection to the proposal provided the following navigation and marine safety conditions are addressed. 1. The construction must comply with Slurry Systems Marine Pty Ltd, Dws 33030-0-01 to 5 Rev 2 and 33030-8-0] Rev 2, attached to your letter dated 12 November 2009. 2. In respect to the seawater pump access jetty the conditions numbers 2-11 in our letter dated 06 March 2008 still apply. 3. In respect to the inclusion at the sand shutter within the development application, the conditions continued in our letter dated 25 June 2003 still apply. 4. The contractor must complete construction within two years from the date of approval. If construction is not completed, you will need additional or amended comments from the Regional Harbour Master. Mertime Safety Queensland Our ref 710V01645(3) P40662 E3464 F20 Marine Operations (Brisbane) Your ref Macarthur Avenue East Enquines Glenn Hale Pinkerbs Quaensiand 4008 Telephone +61 7 3860 3556 Fecsimie +61 7 38603671 ABN 13 200 330 520 Website www.msq.qld.gov.au Email = gien.n.haingiensa gid ow. au Page 14 of 19
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2008/383 Page 15 of 19 [OCR of page images] 2008/383 Maritime Safety Queensland does not need to be further consulted if all of the above conditions are met. The above conditions must be included in your application to the assessment manager. Yours sincerely Jt , Captain Richard C Johnson Regional Harbour Master (Brisbane) Maritime Safety Queensiand Page 2 of2 Page 15 of 19
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2008/383 Page 16 of 19 [OCR of page images] 2008/383 \ Queensland . ' Government ’ 6 March 2008 maine Safty ~ Kris Body: Qurensiand Transport Noosa Council PO Bex [41 Tewantin Qld 4565 n Dear Kris Tidal Works ~ Request for comments — Seawater Supply Pump Access Jetty — Noosa Split. Thank you tor your letter of 25 February 2(H1% about your application to constenct a jetty at Lhe lceation mentioned above. AS a concurrence agency under the fnegraied Plunniny Aer 1997 and Cunstal Protection Management Act /995, Maritime Safety Queensland has na objection w dre proposal provided the following navigation and marine satety conditions are addressed, 1. The consoruction must comply with Noosa Council, Drswing No 33020 R, 33020-0044, attached to your letter dated 25 February 2008, 2. You, or your agent, must advise the Harbour Master Ue commencement date, proposed timetable, and contractor contact details at least oo weeks hélore commencing construction. 3. Yew, ur your agent, must issuc any notices the Elarbour Master requires, 4, You, or your agent, must advise (re Harbour Master when you have completed construction. 5. You or your agent must supply. install and inaintain any navigation lights, buoys, marks or signs the Harbor Master considers necessary. Any lighls, buoys, marks and signs must accord with Maritime Safety Queensland's requircments, The jetty shal] be fitted with warning signs for a walter inluke — ny ywimming or mooring, 6. Yau must udequatyly light ihe stescturc, The contractor must position all lighting so it dacs not cause a risk to the suft navigation of other vessels. Any freestanding piles must have retry reflective Lape Gted. Malate Salety Qleers awd - * . ‘ . “. Curret! 7901 E82 PSTH-4 B25218 F2 Mama Gperitons (Brebane) ‘Your red ; WocArthur Avert: East Encunies Glenn Hale Pingante Quasnsierd 4C08 Totophons +61 7 B58) 3558 . . Faesimils +61 7 60 571 ABN 13 200 320 20 Website Wwww.insg.qk.gav.au Email Bkinatasgsg.cie.goe sn Page 16 of 19
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2008/383 Page 17 of 19 [OCR of page images] 2008/383 a iw 7. You, Or your agent, must remove Arty absleuclions and debris cncountered during construction, and dispose of them, a3 the Harbour Master requires. & Any ships and equipment you or your agent use must comply with the Zrurspor! Operations (Murine Safety) Act 1994, the Transport Gperarions (Mavine Safety) Kegutation 2004 and the Transport Operations (Marine Pollution} Act 1995, 9 ‘This facility is uot to be used for the mooring of vessels, 10. Any ships, plant or equipment that deploy anchors in open waters, and in and near shipping * channels must have une anchors marked with yellow buoys and fitted with F] Yellow fighls. 11, ‘The sentractor must complete construction within ovo years trom the date of approval, If sonstruction is net completed, you will need additional or amended comments [rom the Regional Ilarbour Master. , Maritime Safely Queensland dogs not noed to be further consulted if all of the above conditions ane met, The above conditions must he inelucler! in your application to the assessment cunmayer, 1 Yours sincerely COLL Captain Richard C Johnson Lt Regioual Hurbour Master (Brisbane) Mortirns Safty Quoenatond Page 2 uF2 Page 17 of 19
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2008/383
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2008/383
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 19 of 19
Used in these records
Decision Letter - Change to an Existing Approval - Plus Copy sent to DERM & QT (Maritime) [As Published]Related documentApplication case desk ↗
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