Skip to the record
The first. The best. The only NoosaWatch™.

Council archive · source document

Concurrence and Advice Agency Response - Department of Environment & Resource Management · OPW11/0116

Attached to the e-mail Referral Agency Response - Department of Environment & Resource Management.

of 29

Text shows just the words. Original shows the document exactly as it was published.

Check the original when the exact wording matters.

                                                                                                   Notice
                                                   Concurrence and Advice Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to section 287 and section
292 of the Sustainable Planning Act 2009 (“the Act”).



Chief Executive Officer                                  cc.      Sunshine Coast Regional Council
Sunshine Coast Regional Council                                   C/- International Coastal Management Pty Ltd
Locked Bag 72                                                     PO Box 306
SUNSHINE COAST MAIL CENTRE QLD 4560                               MAIN BEACH LPO QLD 4217
.                                                                 .
Attention: Mark Lewis                                             Attention: Bobbie Corbett

                                                                  DERM references: IC0511NAM0009_SC14225_461372
                                                                  Assessment Manager ref.: OPW11/0116




1.       Application details

         Date properly referred to DERM:         9 May 2011
         Development approval for:               Development permit for carrying out Operational Works and
                                                 Material Change of Use for an Environmentally Relevant Activity
         Aspects of development:                 Various aspects of development – Acid sulfate soils. Sustainable
                                                 Planning Regulation 2009 – Schedule 7, table 3, item 3

                                                 Operational work – Tidal works, or development in a coastal
                                                 management district. Sustainable Planning Regulation 2009 –
                                                 Schedule 7, table 2, item 13
                                                 Material change of use – Environmentally relevant activities.
                                                 Sustainable Planning Regulation 2009 – Schedule 7, table 2, item 1
         Development descriptions:               Prescribed Tidal Works – Erosion protection works, including
                                                 submerged channel closure, wall and groyne, dredging and
                                                 nourishment.
         Property/Location description:          Lot 114 MCH839107, Park and Public Toilets on Claude Batten
                                                 Drive, Noosa Heads

2.       The Chief Executive, Department of Environment and Resource Management (DERM), concurrence
         agency response for the concurrence agency referral jurisdiction for the aspect of development involved
         with the application the subject of this Notice is to tell the assessment manager as follows:
         2.1    Operational work – Tidal works, or development in a coastal management district. Sustainable
                Planning Regulation 2009 – Schedule 7, table 2, item 13
                – Conditions must attach to any development approval, and those conditions are attached to this
                  Notice.

Page 1 of 3 • 091217
Department of Environment and Resource Management
www.derm.qld.gov.au ABN 46 640 294 485
Full text of the other 28 pages

Page 2

                                                                                                               Notice
                                                      Concurrence and Advice Agency Response

         2.2    Material change of use – Environmentally relevant activities. Sustainable Planning Regulation
                2009 – Schedule 7, table 2, item 1
                – Conditions must attach to any development approval, and those conditions are attached to this
                  Notice.
3.       The Chief Executive, Department of Environment and Resource Management (DERM), advice agency
         response for the advice agency referral jurisdiction for the aspect of development involved with the
         application the subject of this Notice is to recommend to the assessment manager as follows:
         3.1    Various aspects of development – Acid sulfate soils. Sustainable Planning Regulation 2009 –
                Schedule 7, table 3, item 3.
                - Conditions that should attach to any development approval, and those conditions are attached
                       to this Notice.

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


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




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

Page 3

                                                                                                      Notice
                                                  Concurrence and Advice Agency Response



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

                                                      Telephone   + 61 7 5451 2256
Daniel Leo                                            Facsimile   + 61 7 5451 2260
Senior Planning Officer                               Email       [email protected]
Regional Planning and Coordination (Nambour)          Website     www.derm.qld.gov.au
Planning and Assessment – SEQ
21 June 2011


Attachment        –    DERM Concurrence Referral Agency Response (Tidal Works)
                  –    DERM Concurrence Referral Agency Response (Environmentally Relevant Activity)
                  –    DERM Advice Referral Agency Response (Acid Sulfate Soils)




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

Page 4

 

Department of Environment
and Resource Management

 

Sustainable Planning Act 2009

DERM Permit ‘number: SPCC01881911

 

 

Date application received:
Permit type:

Date of decision:

Decision:

Relevant laws and policies:

‘| Jurisdiction(s):

 

Assessment manager reference:

ML001:VZT:OPW1 1/0116

9 May 2011
Concurrence agency response
16 June 2011

Approved subject to conditions that must attach to any
development approval

Coastal Protection and Management Act 1995 and any related
statutory instruments and subordinate legislation

Operational work - Tidal works, or development in a coastal
management district - Sustainable Planning Regulation 2009
Schedule 7, table 2, item 13

 

 

Development Description(s)

 

 

 

 

Property/Location Development
Operational work - Tidal works or development in a
Noosa River Spit, Noosa USL adjacent to coastal management district, which is erosion protection
River, Noosa Heads QLD Lot 114 on works involving beach nourishment and construction
MCH839107 of submerged sandbag seawalls and groynes at

 

 

Noosa River spit in the vicinity of Doggy Beach.

 

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

 

Page 1 of 11 * 091217

Department of Environment and Resource Management WY. Queensland Govern ment

www.derm.qid.gov.au ABN 46 640 294 485

 

 

Page 5

 

   

DERM Permit number: SPCC01881911

 

TABLE 1: Plans and Documents

 

 

 

 

 

 

 

 

 

 

Plan/Document No. Plan/Document Name Date
NRS-RE-001 Water Allocation Area 22 Dec 2010
NRS-001 Long-term Strategy 10 Feb 2011
NRS-002 : Proposed Stage 1 Works 14 Feb 2011
NRS-003 Submerged Closure Layout 10 Feb 2011
NRS-004 Submerged Closure Typical Cross-section 14 Feb 2011
NRS-005 Wall and Groyne Layout 10 Feb 2011
NRS-006 Groyne Typical X-Section 14 Feb 2011
NRS-007 Wall Typical Cross-Section 14 Feb 2011
NRS-010 Nourishment Typical Profile _ 10 Feb 2011

 

 

 

 

 

Response to development application

Policy 2,2.2 of the South-east Queensland Regional Coastal Management Plan 2006 states that undeveloped
erosion prone areas are to be maintained, protected and enhanced as a coastal buffer zone and for other
coastal management purposes. The proposed erosion protection works are designed as a defensive action
to stabilise the Noosa River Spit, in particular the area known as doggy beach from further erosion impacts,
and therefore reduce the risk of loss or damage to existing development within Noosa River.

Reason(s) for inclusion of conditions

In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
Stated in this permit required by the concurrence agency response for the application are as follows.

The conditions are included pursuant to section 106 of the Coastal Protection and Management Act 1995.

 

Page 2 of 11" 091217 Department of Environment and Resource Management

 

Page 6

 

 

DERM Permit number: SPCC01881911

 

This development approval authorises the works, it does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authorises that harm. Where there

is no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not
be construed as authorising harm. :

Ben Sale

Delegate .
Delegate, Chief Executive administering the Coastal Protection
and Management Act. 1995

Department of Environment and Resource Management

14 June 2011

 

 

Page 3 of 11 "091217. Department of Environment and Resource Management

Page 7

 

DERM Permit number: SPCC01881911

 

CONDITIONS

Schedule A - General
Limitations of permit

At. This development permit authorises the Stage 1 works for a period of 12 months from date of
approval that is for erosion protection works within Noosa River on USL adjacent to Lot 114
on Plan MCH839107 indicated in Table 1. Plans & Documents.

A2. All works are to be constructed in accordance with the drawings and specifications indicated
in Table 1. Plans & Documents provided with the application, or any subsequent endorsed
amendments to those plans unless the plan conflicts with a condition of this approval in which
case the conditions take precedence.

A3. The works must not have any direct or indirect impact upon the environmental values or water
quality objectives for the coastal management district of Noosa River.

Ad. The chief executive administering the Coastal Protection and Management Act 1995 may order
the works to be removed or modified within a reasonable time, if the works have or are likely to
have a significant effect on coastal management because the works:

‘(a) create a navigation hazard or other danger to the public; or

(b) cause erosion or land degradation; or :

(c) are unstable; or .

(d) have not been constructed according to the plans (Table 1 Plans and Documents).

AS. Should the works result in adverse impacts to the environment or coastal management, the
Sunshine Coast Regional Council or its successor is responsible at their expense for rectification
works and where necessary and\or the removal of the works causing the impacts.

AG. Should the work structures (wall and groynes) associated with these works become damaged
or dislodged as a result of vandalism, coastal processes or storm tide inundation, the Sunshine
Coast Regional Council or its successor is responsible at their expense for the repair or removal
of the works as soon as practicable.

Prevent environmental harm

AZ, The operator must ensure that environmental harm is not caused by these operational works
except where specifically permitted by a condition of this development permit.

A8. Notwithstanding any other condition of this development approval, this development approval
does not authorise any release of contaminants which causes or is likely to cause
environmental nuisance of harm beyond the boundaries of the licensed place.

Display of development approval

AQ. A copy of this development approval must be kept in a location readily accessible to personnel
carrying out the works at all times and all site personnel must be made aware of the conditions
of this approval.

Records
A10. All records required by this permit must be kept for a minimum of five years.
Att. The operator must maintain a record of the works carried out (specifying the boundaries of the

works area by GPS coordinates).

 

Page 4 of 11° 091217 Department of Environment and Resource Management

 

 

 

Page 8

 

DERM Permit number: SPCC01881911

A12. All records required to be kept by a condition of this development approval must be provided
to an authorised person or the administering authority upon request.

Maintenance of measures, plant and equipment

A13. The operator must:
(a) install all measures, plant and equipment necessary to ensure compliance with the
conditions of this development permit;
(b) maintain and calibrate such measures, plant and equipment in an efficient condition
and keep records of the maintenance;
(c) operate such measures, plant and equipment in an efficient manner.

Calibration

At4. All instruments and devices used for the measurement or monitoring of any parameter under
any condition of this development approval must be calibrated and appropriately operated
and maintained.

Site Based Management Plan (SBMP)

A15. The operator must implement a site based management plan prior to commencement of these
works. The SBMP must identify all causes of environmental harm, including but not limited to the
actual and potential release of any contaminants, the nature of the environmental harm and the
actions that will be taken to prevent environmental harm being caused. The SBMP must be made
available to the administering authority when requested.

A16. _ . The SBMP must address the following matters:

(a) environmental commitments - a commitment by senior management to achieve specified

and relevant environmental goals;

(b) identification of environmental issues and potential impacts; .

(c) control measures for.routine operations to minimise likelihood of environmental harm;

(d) contingency plans and emergency procedures for non-routine situations (including but not
limited to the emergency protocol when spills occur and the amount of neutralising agent
to be kept onsite);

(e) organisational structure and responsibility;

(f) effective communication;

(g) monitoring of contaminant releases;

(h) conducting environmental impact assessments;

(i) staff training;

(j) record keeping; and

(k) periodic review of environmental performance and continual improvement.

A17. The SBMP must be made available to the administering authority when requested.

A18. The SBMP must not be implemented or amended in a way that contravenes any condition
of this development permit.

Notification of incidents

A19. As soon as practicable after becoming aware of any incident of environmental harm (including a
. reasonable suspicion that environmental harmhas or is likely to have occurred) which results in
the release of contaminants not in accordance, or reasonably expected to be not in accordance
with the conditions of this development approval, the holder of this development approval must
notify the administering authority of the release by telephone (Pollution Hotline 1300 130 372)
or local office (07) 54596 132.

 

Page 5 of 11 "091217 Department of Environment and Resource Management

 

 

Page 9

DERM Permit number: SPCC0188191 1

 

A20. The notification of incidents as required by condition A19 must include but not be limited to the
following information:

(a) the holder of the development approval;

(b) the location of the incident;

(c) the number of the development approval;

(d) the name and telephone number of the designated contact person;

(e) the time of the incident;

(f) the time the holder of the development approval became aware of the incident;

(g) the suspected cause of the incident;

(h) the environmental harm and or environmental nuisance caused, threatened, or suspected
to be caused by the incident; and

(i) actions taken to prevent a further incident and mitigate any environmental harm and or
environmental nuisance caused by the incident.

A21. Not more than 14 days following the initial notification of an incident, the holder of this development
approval must provide written advice of the information supplied in accordance with condition
* number A20 in addition to:
(a) proposed actions to prevent a recurrence of the emergency or incident;
(b) outcomes of actions taken at the time to prevent or minimise environmental harm and or
environmental nuisance, and
(c) the results of any environmental monitoring performed.

Notification before Commencement

A22, At least 10 business days prior to work commencing, the administering authority must be
' informed of at least the following:
(a) planned timetable of the works for the program/year including proposed staging of
the work activities and hours of operation;
(b) the contact details for the person/s made available during the hours of operation who
can appropriately address any complaints.

END OF CONDITIONS FOR SCHEDULE A
Schedule B - Operational Work

B1. A report from a Registered Professional Engineer of Queensland (RPEQ) must be submitted
to the administering authority within three months from the date of completion of the works,
certifying that:

(a) The works (including any other associated works) has been constructed in accordance
with the plans and documents (Table 1 — Plans and Documents); and
(b) The works are structurally adequate for its intended location and anticipated usage.

B2. Disturbance to acid sulphate soils (ASS) is to be avoided as far as practicable, should the
works disturb ASS the works must comply with Instructions for the Treatment and Management
of Acid Sulfate Soils, 2001, Queensland Government, or any updates as they become available.

B3. All temporary works associated with the construction of the erosion protection works are to be
removed from the site at the completion of the works and all wastes shall be collected from the
site by the permittee and disposed of at a licensed waste facility.

B4. The holder of this development approval must remove all concrete.path sections displaced by
erosion along the foreshore and within the tidal prism of Noosa River Spit (Doggy Beach) to ensure
adverse effects to the natural environment are avoided, mitigated or remedied.

B65. Any erosion or loss of sand surrounding the works that occurs because of changes caused by
the works must be rectified.

 

Page 6 of 11 * 091217 . Department of Environment and Resource Management

 

 

 

Page 10

 

B6.

DERM Permit number: SPCC01881911

During and following construction of the works, any areas disturbed by the works are to be
stabilised against wind erosion, rainwater run-off erosion and revegetated with endemic
native species commonly found on adjacent areas or present prior to disturbance.

END OF CONDITIONS FOR SCHEDULE B

Schedule C - Monitoring

C1.
C2.

C3.

C4.

C5.

C6.

The operator must implement a monitoring plan from the commencement of these works.

The monitoring plan must achieve the following outcomes, but not limited to:
(a) long-term ecological impacts associated with the works;
' (b) effectiveness of the erosion protection works;
(b) compliance with the conditions of this development permit;
(c) operations are adjusted in response to. monitoring results to ensure compliance
with development permit conditions ‘

Quarterly monitoring of the works must be undertaken and records kept of its performance

during the works and for the life of the works, or until otherwise advised by the administering
authority that such monitoring can cease.

Water quality monitoring must be undertaken daily and regularly (at fixed intervals or at evenly
spaced intervals) at suitable locations within the works area and records kept of all relevant
observations.

The holder of this development approval must notify the administering authority in writing
within 14 days of any monitoring result which indicates any failure of the works or exceedance
of any licence limit.

The operator of this development permit must monitor the visual impact of the operational
works area on the environment by undertaking the following when works are being carried out;
(a) Daily observations and recording of the extent of any turbidity plume caused by
the works; and
(b) Daily observations and recording of extent and period of time turbidity persists.

END OF CONDITIONS FOR SCHEDULE C

Schedule D - Water

Di.

D2.

D3.

D4,

All reasonable and practicable measures must be taken to minimise any increase in turbidity
of the waters or the release of contaminants as a result of these works to any waters.

In the event that the administering authority requires water quality sampling, all determinations
of the quality of the samples must be:
(a) made in accordance with methods prescribed in the latest edition of the Department
of Environment and Resource Management Water Quality Sampling Manual; and
(b) carried out on samples that are representative of the works area.

The works must not result in a change in water chemistry that will impact upon ecological
values on or off site.

The only contaminants permitted to be released to any waters (including the bed or banks

- of such waters) are sediments disturbed during the works.

 

Page 7 of 11°

091217 Department of Environment and Resource Management

 

 

Page 11

 

DERM Permit number: SPCC01881911

 

D5. Where sediment control structures are necessary to ensure compliance with the conditions
of this development approval, such sediment control structures must be:
i. Installed prior to any works commencing; and
ii. Maintained during the time period in which works take place and until rehabilitation
works (if any) have been completed; and
iii. Any control measures installed in receiving waters may only be removed when
water quality monitoring results demonstrate that the removal of such measures
will not have any adverse impacts on adjacent water quality.

D6. In the event of environmental harm (example: fish kill, algae bloom) occurring in the works
area or within 500 metres of the works area, all works associated with this approval are to
cease immediately until the administering authority has been informed and an approval to
recommence has been issued by the administering. authority.

D7. In carrying out this operational work, the release of contaminants must:
(a) only occur within the permitted areas specified in water allocation area NRS-RE-001
(Table 1— Plans and Documents)

(b) not have any properties, not contain any organisms or other contaminants which are
capable of causing environmental harm; and

(c) not produce any slick or other visible evidence of oil or grease, nor contain visible
floating oil, grease, scum, litter or other objectionable matter; and

(d) not produce any discolouration, outside a 200m mixing zone, which adversely
affects any environmental value applicable to the receiving waters; and

(e) not exceed limits indicated in Schedule D ~ Table 1; and

(f) sediments identified or potentially containing acid sulphates are managed to ‘avoid
exposure to air (i.e. acid sulphate sediments are to remain submerged and not
used for beach nourishment). ,

 

 

 

Schedule D - Table 1

 

Quality Characteristic Limit

 

No visible plume in receiving waters is to
extend beyond 200m from any deposition

 

 

Turbidity Plume (visual) “
point and\or works area, to be checked
regularly during the works.
pH (in-situ) Value not to be less than 6.5 or greater than
9.0, to be check regularly during the works.
Petroleum products (oil; grease, fuel etc) No visible incidence, to be checked regularly

during the works.

 

 

 

 

END OF CONDITIONS FOR SCHEDULE D
Schedule E - Complaints

E1. All complaints received must be recorded including investigations undertaken, conclusions
formed and action taken. This information must be made available to the administering
authority upon request:

E2. All complaints must be recorded with the following details, but not limited to;
time, date and reason for the complaint;
(a) type of communication (telephone, letter, email etc.);
(b) name, contact address and contact telephone number of complainant

 

Page 8 of 11 * 091217 Department of Environment and Resource Management

Page 12

 

DERM Permit number: SPCC01881911

 

 

(Note: if the complainant does not wish to be identified then “Not identified” is to be recorded);
(d) details of investigation undertaken by the operator and action undertaken to resolve the
complaint; ,
(e) name of person responsible for investigating complaint.

END OF CONDITIONS FOR SCHEDULE E

END OF CONDITIONS
DEFINITIONS

Words and phrases used throughout this permit are defined below. Where a definition for a term used in this
permit’ is sought and the term is not defined within this permit’ the definitions provided in the relevant legislation
shall be used.

“administering authority" means the Department of Environment and Resource Management or its
successor. :

“annoyance” In determining what constitutes “annoyance” regard must be had to Australian Standard 1055.2 -
1989 Acoustics - Description and Measurement of Environmental Noise Part 2 Application to specific
situations.

“annual return” means the return required by the annual notice (under section 316 of the Environment
Protection Act 1994) for the section 73F registration certificate that applies to the development approval.

"approval" means ‘notice of development application decision’ or ‘notice of concurrence agency response’
under the Integrated Planning Act.1997.

“approved plans” means the plans and documents listed in the approved plans section in the notice attached
to this development approval. :

“authorised place" means the place authorised under this development approval for the carrying out of the
specified environmentally relevant activities.

“background noise level” means either: .

Lago, being the A-weighted sound pressure level exceeded for 90 percent of the time period (T)
of not less than 15 minutes, using Fast response, or

Labg, t being the arithmetic average of the minimum readings measured in the absence of the
noise under investigation during a representative time period (T) of not less than 15 minutes,
using Fast response.

“Coast” means all areas within or neighbouring the foreshore.

“Coastal waters” means Queensland waters to the limit of the highest astronomical tide.

“Coastal zone” means —

a) coastal waters; and
b) all areas to the landward side of coastal waters in which there are physical features, ecological or
natural processes or human activities that affect, or potentially affect, the coast or coastal resources.

“Foreshore” means the land lying between high water mark and low water mark as is ordinarily covered and

uncovered by the flow and ebb of the tide at spring tides.

“coastal dune" means a ridge or hillock of sand or other material on the coast and built up by the wind.

“commercial place” means a place used as an office or for business or commercial purposes.

“dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other
equipment designed for use in extraction of earthen material.

"dwelling" means any of the following structures or vehicles that is principally used as a residence —

* ahouse, unit, motel, nursing home or other building or part of a building;
"a caravan, mobile home or other vehicle or structure on land;
“a water craft in a marina.

“erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal
Protection and Management Act 1995.

“high water mark" means the ordinary high water mark at spring tides.

“integrated environmental management system” for an environmentally relevant activity or activities, means
a system for the management of the environmental impacts of the carrying out of the activity or
activities. :

 

 

Page 9 of 11" 091217 : Department of Environment and Resource Management

Page 13

 

DERM Permit number: SPCC01881911

 

"intrusive noise” means noise that, because of its frequency, duration, level, torial characteristics,
impulsiveness or vibration —
e is clearly audible to, or can be felt by, an individual; and
* annoys the individual.
In determining whether a noise annoys an individual and is unreasonably intrusive, regard must be given to
Australian Standard 1055.2 — 1997 Acoustics — Description and Measurement of Environmental Noise Part
2- Application to Specific Situations.
“Lamax ag, T Means the average maximum A-weighted sound pressure level, adjusted for noise character and
measured over a time period of not less than 15 minutes, using Fast response.

“maintenance work on lawful work” means maintaining works in accordance with the development approval.
Examples of maintenance work include excavation of material for repair or maintenance of the
approved dredge basin. Examples of work not considered to be maintenance work include work to
extend the boundaries of an approved dredge basin in any dimension (including depth) or any new
dredging not covered by a development approval.

“Max Lya, 7” means the maximum A-weighted sound pressure level measured over a time period of not less
than 15 minutes, using Fast response.

“land" in the "land schedule" of this document means land excluding waters and the atmosphere.

“maximum” means that the measured value of the quality characteristic or contaminant must not be greater
than the release limit stated.

“minimum” means that the measured value of the quality characteristic or contaminant must not be less than
the release limit stated.

"mg/L" means milligrams per litre.

“noise sensitive place” means -

(a) a dwelling, mobile home or caravan park, residential marina or other residential premises; or
(b) a motel, hotel or hostel; or

{c) a kindergarten, school, university or other educational institution; or

(d) a medical centre or hospital; or

(e) a protected area; or

(f) a park or gardens.

“noxious” means harmful or injurious to health or physical well being.

“NTU” means nephelometric turbidity units.

“offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive.

“operator” means any of the following:

(i) a person having the benefit of this development permit
(ii) the holder of a registration certificate for this development permit
(iii) anyone undertaking the activity to which this development permit relates (Note: it is an offence to
carry out work under a development permit without a relevant registration certificate)

“program of dredging” means the location and nature of a dredging project, including the quantities and
characteristics of material to be dredged, the details of the location of the material to be dredged, the
location in which it is to be placed and the timeframes for milestones and or completion that have been
specified as approved programs of dredging under this development approval.

"protected area" means —

a. aprotected area under the Nature Conservation Act 1992; or
b. amarine park under the Marine Parks Act 1992: or
c. aWorld Heritage Area.

“regularly” means at fixed intervals or at evenly spaced intervals.

“range” means that the measured value of the quality characteristic or contaminant must not be greater than
the higher release limit stated nor lower than the lower release limit stated. :

“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.

"tidal water" means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the
tide at spring tides.

“toxicants” in water (refer to section 3.4) and sediment (refer to section 3. 5) as per Australian Water Quality
Guidelines.

 

Page 10 of 11 * 091217 Department of Environment and Resource Management

 

Page 14

DERM Permit number: SPCC01881911

“waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters
(including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and
groundwater and any part-thereof.

“works” or "operation" means the development approved under this development approval. i

"you" means the holder of this development approval or owner / occupier of the land which is the subject of this

development approval. 4

 

 

 

Page 11 of 11 * 091217 Department of Environment and Resource Management

Page 15

 

Department of Environment
and Resource Management

Sustainable Planning Act 2009

DERM Permit‘ number: SPCE01881811

 

 

 

Date application received:
Permit type:

Date of decision:

Decision:

Relevant laws and policies:

Jurisdiction(s):

 

Assessment manager reference:

MLO001:VZT:OPW11/0116

9 May 2011
Concurrence agency response
16 June 2011

Approved subject to conditions that must attach to any
development approval

Environmental Protection Act 1994 and any related statutory
instruments and subordinate legislation

Material change of use - Environmentally relevant activities
Sustainable Planning Regulation 2009 - Schedule 7, table 2,
item 1 :

 

 

Development Description(s)

 

Property/Location

Development

 

Noosa River Spit, Noosa
River, Noosa Heads QLD

 

 

USL adjacent to | ERA 16 Extractive and screening activities 1 dredging,
Lot 114 on
MCH839107

in a year, the following quantity of material (b) more than
10,000t to 100,000t

Dredging in Noosa River adjacent to Doggy Beach for
erosion protection works to undertake beach nourishment
and fill sand containers for submerged seawail and
groyne works.

 

 

 

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

 

Page 1 of 12 + 091217

Department of Environment and Resource Management

www.derm.qlid.gov.au “ABN 46 640 294 485

A
YY. Queensland Government

 

 

Page 16

DERM Permit number: SPCE01881811

 

TABLE 1: Plans and Documents

 

 

 

 

 

 

 

 

 

 

 

Plan/Document No. Plan/Document Name Date
NRS-RE-001 Water Allocation Area 22 Dec 2010
NRS-002 , Proposed Stage 4 Works 14 Feb 2011
NRS-003 Submerged Closure Layout 10 Feb 2011
NRS-004 Submerged Closure Typical Cross-section 14 Feb 2011
NRS-005 Wall and Groyne Layout 10 Feb 2011
NRS-006 Groyne Typical X-Section 14 Feb 2011
NRS-007 Wall Typical Cross-Section 14 Feb 2011
NRS-008 , Dredge Area Layout 10 Feb 2011
NRS-009 Dredge Area Typical Profile 10 Feb 2011
NRS-010 Nourishment Typical Profile 10 Feb 2011

 

 

 

 

 

 

Page 2 of 12 * 091217 Department of Environment and Resource Management

 

Page 17

 

DERM Permit number: SPCE018818711

Reason(s) for inclusion of conditions

In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
stated in this permit required by the concurrence agency response for the application are as follows.

The conditions are included pursuant to section 73B of the Environmental Protection Act 1994.

Environmentally Relevant Activities (ERA)
This permit gives permission to undertake a dredging activity according to specific conditions.

The aforementioned description of any environmentally relevant activity (ERA) for which this permit is
issued is simply a restatement of the ERA as prescribed in the legislation at the time of issuing this permit.

Where there is any conflict between the abovementioned description of the ERA for which this permit is
issued and the conditions specified herein as to the scale, intensity or manner of carrying out of the ERA,
then such conditions prevail to the extent of the inconsistency. .

This permit authorises the ERA. It does not authorise environmental harm unless a condition within this
permit explicitly authorises that harm. Where there is no such condition, or the permit is silent on a matter,
the lack of a condition or silence shall not be construed as authorising harm.

In addition to this permit, for a person to carry out this ERA they must be a registered operator under the
Environmental Protection Act 1994, for the person to become a registered operator, they must apply for
a registration certificate under section 73F of the Environmental Protection Act 1994.

Ben Sale

Delegate

Delegate, Chief Executive administering the Environmental
Protection Act 1994

Department of Environment'and Resource Management

_ 14 June 2011

 

Page 3 of 12 "091217 Department of Environment and Resource Management

 

Page 18

 

 

DERM Permit number: SPCE01881811

 

CONDITIONS

Schedule A - General conditions
Limitations of permit

At. This development permit authorises ERA 16 1(b) dredging for a period of 12 months, from the
date of approval the following quantity of material - 50,000t, that is for Stage 1 erosion protection
works within Noosa River on USL adjacent to Lot 114 on Plan MCH839107, Noosa River Spit.

A2. . No dredged material shall be removed from the bed or foreshores outside the area marked
on Plan - Water allocation area NRS-RE-001.

A3. The works must be undertaken in accordance with the plans and documents listed. above in
Table 1 - Plans and Documents.

Prevent environmental harm

A4. In carrying out the environmentally relevant activity, the holder of this development approval
must take all reasonable and practicable measures to prevent and/or to minimise the likelihood
of environmental harm being caused.

Display of development approval

AS. A copy of this development approval must be available at the dredging site or kept in a location
readily accessible to personnel carrying out the activity at all times and all dredging plant personnel
must be made aware of the conditions of this approval.

Notification of incidents

AG. As soon as practicable after becoming aware of any incident of environmental harm (including a
reasonable suspicion that environmental harm has or is likely to have occurred) which results in
the release of contaminants not in accordance, or reasonably expected to be not in accordance
with the conditions of this development approval, the holder of this development approval must
notify the administering authority of the release by telephone (Pollution Hotline 1300 130 372)
or local office (07) 54596 132.

AZ, The notification of incidents as required by condition A6 must include but not be limited to the
following information:

(a) the holder of the development approval;

(b) the location of the incident;

(c) the number of the development approval;

(d) the name and telephone number of the designated contact person;

(e) the time of the incident;

(f) the time the holder of the development approval became aware of the incident;

(g) the suspected cause of the incident; :

(h) the environmental harm and or environmental nuisance caused, threatened, or suspected
to be caused by the incident; and

(i) actions taken to prevent a further incident and mitigate any environmental harm and or
environmental nuisance caused by the incident.

 

Page 4 of 12 ° 091217 1 Department of Environment and Resource Management

 

Page 19

 

DERM Permit number: SPCE01881811

A8. Not more than 14 days following the initial notification of an incident, the holder of this development
approval must provide written advice of the information supplied in accordance with condition
number A7 in addition to:

(a) proposed actions to prevent a recurrence of the emergency or incident;

(b) outcomes of actions taken at the time to prevent or minimise environmental harm and or
environmental nuisance, and

(c) the results of any environmental monitoring performed.

Notification before commencement

AQ. At least 10 business days prior to dredging work commencing, the administering authority
must be informed of at least the following: .
(a) planned timetable of the dredging for the program/year including proposed staging
of dredging activities and hours of operation;
(b) the contact details for the person/s made available during the hours of operation
who can appropriately address any complaints.

Trained / experienced operator(s)

A10. The daily operation of dredging, transportation and pollution monitoring equipment or any
other equipment used in connection with the dredging operations must be carried out bya
person(s) with appropriate experience and/or qualifications to ensure the effective operation

_ of the equipment. .

Records

Ait. All records required by this permit must be kept for five years.

At2. The operator must maintain a record of sites where dredging is carried out (specifying the
‘boundaries of the dredged area by GPS coordinates) and the volume of material removed
from each site (to the nearest tonne).

A13. All records required to be kept by a condition of this development approval must be provided

to an authorised person or the administering authority upon request.
Maintenance of measures, plant and equipment :

A14. The operator must:
(a) install all measures, plant and equipment necessary to ensure compliance with the
conditions of this development permit;
(b) maintain and calibrate such measures, plant and equipment in an efficient condition
and keep records of the maintenance;
(c) operate such measures, plant and equipment in an efficient manner.

Alterations

A165. No change, replacement or operation of any plant or equipment is permitted if the change,
replacement or operation of the plant or equipment increases, or is likely to substantially increase,
the risk of environmental harm above that expressly provided by this development approval.

(An example of a substantial increase in the risk of environmental harm is an increase of 10%
or more in the quantity of a contaminant to be released into the environment).

 

Page-5 of 12 " 091217 Department of Environment and Resource Management

 

 

 

 

 

Page 20

 

DERM Permit number: SPCE01881811

Calibration

Al6, All instruments and devices used for the measurement or monitoring of any parameter under
any condition of this development approval must be calibrated and appropriately operated
and maintained.

Nuisance

A17. Notwithstanding any other condition of this development approval, this development approval
does not authorise any release of contaminants which causes or is likely to cause an
environmental nuisance beyond the boundaries of the water allocation area NRS-RE-001.

Site Based Management Plan (SBMP)

A18, The operator must implement a site based management plan from the commencement of this
ERA. The SBMP must identify all causes of environmental harm, including but not limited to the
actual and potential release of any contaminants, the nature of the environmental harm and the
actions that will be taken to prevent environmental harm being caused. The SBMP must also
provide for the review and ‘continual improvement’ in the overall environmental performance of
activities to which this approval relates.

A19. The SBMP must address the following matters:

(a) environmental commitments - a commitment by senior management to achieve specified

and relevant environmental goals;

(b) identification of environmental issues and potential impacts;

(c) control measures for routine operations to minimise likelihood of environmental harm;

(d) contingency plans and emergency procedures for non-routine situations (including but not
limited to the emergency protocol when spills occur and the amount of neutralising agent
to be kept onsite);

(e) organisational structure and responsibility;

(f) effective communication;

(g) monitoring of contaminant releases;

(h) conducting environmental impact assessments;

(i) staff training;

(j) record keeping; and

(k) periodic review of environmental performance and continual improvement.

A20. The SBMP must be made available to the administering authority when requested.

A21. The SBMP must not be implemented or amended in a way that contravenes any condition
of this development permit.

Equipment

A22. Any dredging must be conducted using equipment that is in survey and registered.

A23. On completion of the dredging operation or when directed by the administering authority to

do so, the dredger shall remove all dredge plant and equipment (including pipes, floats and
other equipment used in or in connection with the dredging operations) from the site.

End Schedule A - General conditions

 

Page 6 of 12 * 091217 Department of Environment and Resource Management

 

 

Page 21

 

Schedule B - Dredging

B1.

B2.

B3.

B4.

BS.

DERM Permit number: SPCE01881811

The only form of dredging to be undertaken as part of this permit is the relocation of clean
sand for the purposes of beach nourishment, backfilling, filling material for Stage 1 works
and for an interim navigation channel.

Disturbance to acid sulphate soils (ASS) is to be avoided as far as practicable, should the
works disturb ASS the works must comply with Instructions for the Treatment and Management
of Acid Sulfate Soils, 2001, Queensland Government, or any updates as they become available.

Dredging works must ensure that no significant stability or hydrological changes to tidal
hydrodynamics, wave or current conditions occur either directly or indirectly in the immediate
area that could induce detrimental impacts on the adjacent coastline or beach profiles.

Material dredged under this permit must remain within the active Noosa River system, this
includes beach nourishment and material placed in underwater containment and dredged
material is not permitted to be stockpiled on land.

 

The dredge area is to be checked prior to completion of the works and all waste materials
{including anchor blocks and ropes used during the dredging) are removed prior to departure.

End Schedule B - Dredging

Schedule C - Monitoring

C1.

C2.

C3.

C4.

The operator of this development permit must monitor the visual impact of the dredging
activity on the environment by undertaking the following: |
(a) Daily observations and recording of the extent of any turbidity plume caused by }
dredging; and
(b) Daily observations and recording of the period of time the turbidity persists.

In the event that the administering authority requires water quality sampling or dredge material
sampling, all determinations of the quality of the samples must be:
(a) made in accordance with methods prescribed in the latest edition of the Department of
Environment and Resource Management Water Quality Sampling Manual; and
(b) carried out on samples that are representative of the discharge.

The measurement and reporting of any monitoring and\or nuisance levels (air, noise) must be
undertaken by a person or body possessing appropriate experience and qualifications to perform
the required measurements.

If in the opinion of an authorised person, monitoring indicates that the works are a nuisance,
the operator must:
(a) address the complaint including the use of appropriate dispute resolution if required; or
(b) immediately implement abatement measures so that the works do not result in any further
environmental nuisance.

End Schedule C - Monitoring

Schedule D - Water

D1.

The only contaminants permitted to be released to any waters (including the bed or banks of
such waters) are sediments disturbed during dredging and placement.

 

Page 7 of 12 * 091217 . . Department of Environment and Resource Management

 

Page 22

DERM Permit number: SPCE01881811

 

De.

DS.

D4.

D5.

All reasonable and practicable measures must be taken to minimise any increase in turbidity
of the waters or the release of contaminants as a result of these works to any waters or the
bed and banks of any waters.

There must be no release of petroleum/oil based or similar typé products from any vessel
used jn the dredging operations to any waters.

Where sediment control structures are necessary to ensure compliance with the conditions
of this development approval, such sediment control structures must be:
(a) Installed prior to any works commencing; and
(b) Maintained during the time period in which works take place and until rehabilitation
works (if any) have been completed; and
(c) Any control measures installed in receiving waters may only be removed when water
quality monitoring results demonstrate that the removal of such measures will not
have any adverse impacts on adjacent water quality.

In carrying out this activity, the release of contaminants must:

(a) only occur within the permitted areas specified in water allocation area NRS-RE-001

(b) not have any properties, not contain any organisms or other contaminants which are
capable of causing environmental harm; and «

(c) must not produce any slick or other visible evidence of oil or grease, nor contain visible
floating oil, grease, scum, litter or other objectionable matter; and

(d) must not produce any discolouration, outside a 200m mixing zone, which adversely
affects any environmental value applicable to the receiving waters.

(e) sediments identified or potentially containing acid sulphates are managed to avoid
exposure to air (i.e. sediments are to remain submerged and not used for beach
nourishment)

Schedule D - Water - Table 1

 

Quality Characteristic Limit

 

No visible plume in receiving waters is to
extend beyond 200m from any deposition
point and\or the dredge operation, to be
checked regularly when dredge is in
operation.

Turbidity Plume (visual)

 

pH (in-situ) Value not to be less than 6.5 or greater than
9.0, to be checked regularly when dredge is in
operation.

 

Petroleum products (oil, grease, fuel etc) No visible incidence, to be checked regularly

 

when dredge is in operation.

 

 

 

End Schedule D - Water

Schedule E - Air

E1.

The release of noxious or offensive airborne contaminants resulting from the works must
not cause a nuisance at any nuisance sensitive or commercial place.

 

Page 8 of 12 * 091217 + . Department of Environment and Resource Management

 

j
i
i
i
i

Page 23

 

 

DERM Permit number: SPCE01881811

E2. If in the opinion of an authorised person, airborne contaminant monitoring indicates
environmental nuisance is being caused by an airborne contaminant from the works, the
registered operator must:

(a) address the complaint including the use of appropriate dispute resolution if required; or
(b) immediately implement abatement measures so that the airborne contaminant from the
works does not result in any further environmental nuisance.

End Schedule E - Air

Schedule F - Land

Ft. There must be no release of petroleum/oil based or similar type products from any machinery
used in the works.

F2, There is to be no chemicals, wastes, petroleum products (fuel & oil) stored within 30 metres
from the high water mark.

F3. All works must be undertaken in a manner that minimises damage to native vegetation on
and adjacent to the site.

End Schedule F - Land
Schedule G - Noise

G1. Noise from the activity must not cause environmental nuisance at any nuisance sensitive place
or commercial place.

G2. The environmentally relevant activity must be carried out by such practicable means necessary to
prevent the emission or likelihood of emission of noise that constitutes environmental annoyance.

G3. When requested by the administering authority, noise monitoring must be undertaken to
investigate any complaint of noise nuisance and the results are to be provided within 14 days
to the administering authority following the monitoring.

Monitoring must include, but not limited to:

(a) La 10, adj, 10 mins.

(b) La 1, adj, 10 mins

(c) _ the level and frequency of occurrence of impulsive or tonal noise;
(d) atmospheric conditions including wind speed and direction;

(e) effects due to extraneous factors such as traffic noise; and

(f} location, date and time of recording.

G4. The method of measurement and reporting of noise levels must comply with the latest edition
of the Department of Environment and Resource Management Noise Measurement Manual.

End Schedule G - Noise
Schedule H - Waste
H1. Procedures must be implemented to ensure that wastes generated in carrying out the

environmentally relevant activity that can be recycled or reused are done so, and those
that must be disposed of go to an appropriate facility that accepts such wastes.

End Schedule H - Waste

 

 

 

 

Page 9 of 12 * 091217 Department of Environment and Resource Management

Page 24

 

DERM Permit number: SPCE01881811

Schedule I - Complaints

lt. All complaints received must be recorded including investigations undertaken, conclusions
formed and action taken. This information must be made available to the administering authority
upon request.

I2. All complaints must be recorded with the following details and be provided to the administering
authority upon request

(a) type of communication (telephone, letter, email etc.);

(b) name, contact address and contact telephone number of complainant (Note: if the
complainant does not wish to be identified then “Not identified” is to be recorded);

(d) details of investigation undertaken by the operator and action undertaken to resolve the
complaint;

(e) name of person responsible for investigating complaint.

End Schedule | — Complaints

 

END OF CONDITIONS

DEFINITIONS

Words, and phrases used throughout this permit! are defined below. Where a definition for a term used in this
permit" is sought and the term is not defined within this permit’ the definitions provided in the relevant legislation
shall be used.

“administering authority" means the Department of Environment and Resource Management or its :
successor. |
“annoyance” In determining what constitutes “annoyance” regard must be had to Australian Standard 1055.2 -
1989 Acoustics - Description and Measurement of Environmental Noise Part 2 Application to specific
situations.
“annual return” means the return required by the annual notice (under section 316 of the Environment
Protection Act 1994) for the section 73F registration certificate that applies to the development approval.
"approval" means ‘notice of development application decision’ or 'notice of concurrence agency response’
under the Integrated Planning Act 1997.
“approved plans" means the plans and documents listed in the approved plans section in the notice attached
to this development approval,
“authorised place" means the place authorised under this development approval for the carrying out of the
specified environmentally relevant activities.
“background noise level” means either:
Lago, t being the A-weighted sound pressure .level exceeded for 90 percent of the time period (T)
of not less than 15 minutes, using Fast response, or
Labg, t being the arithmetic average of the minimum readings measured in the absence of the
noise under investigation during a representative time period (T) of not less than 15 minutes,
using Fast response.
“Coast” means all areas within or neighbouring the foreshore.
“Coastal waters” means Queensland waters to the limit of the highest astronomical tide.
“Coastal zone” means —
a) coastal waters; and
b) all areas to the landward side of coastal waters in which there are physical features, ecological or
natural processes or human activities that affect, or potentially affect, the coast or coastal resources.
“Foreshore” means the land lying between high water mark and low water mark as is ordinarily covered and
uncovered by the flow and ebb of the tide at spring tides. |
“coastal dune" means a ridge or hillock of sand or other material on the coast and built up by the wind.
“commercial place” means a place used as an office or for business or commercial purposes.

 

Page 10 of 12 091217 Department of Environment and Resource Management

Page 25

DERM Permit number: SPCE01881811

“dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other
equipment designed for use in extraction of earthen material.

“dwelling” means any of the following structures or vehicles that is principally used as a residence —

" ahouse, unit, motel, nursing home or other building or part of a building;
" acaravan, mobile home or other vehicle or structure on land;
= awater craft in a marina.

"erosion prone area" means an area declared to be an erosion prone area under section 70(1) of the Coastal
Protection and Management Act 1995.

“high water mark". means the ordinary high water mark at spring tides.

“site based management plan” for an environmentally relevant activity or activities, means a system for the
management of the environmental impacts of the carrying out of the activity or activities.

“intrusive noise" means noise that, because of its frequency, duration, level, tonal characteristics,
impulsiveness or vibration —

e is clearly audible to, or can be felt by, an individual; and

e annoys the individual.
In determining whether a noise annoys an individual and is unreasonably intrusive, regard must be given to
Australian Standard 1055.2 — 1997 Acoustics ~ Description and Measurement of Environmental Noise Part
2-— Application to Specific Situations.

“Lamax agj, T Means the average maximum A-weighted sound pressure level,.adjusted for noise character and
measured over a time period of not less than 15 minutes, using Fast response.

“maintenance work on lawful work” means maintaining works in accordance with the development approval.
Examples of maintenance work include excavation of material for repair or maintenance of the
approved dredge basin. Examples of work not considered to be maintenance. work include work to
extend the boundaries of an approved dredge basin in any dimension (including depth) or any new
dredging not covered by a development approval.

“Max Lys, 7” means the maximum A-weighted sound pressure level measured over a time period of not less

than 15 minutes, using Fast response.

“land” in the "land schedule" of this document means land excluding waters and the atmosphere.

“maximum” means that the measured value of the quality characteristic or contaminant must not be greater
than the release limit stated. ‘

“minimum” means that the measured value of the quality characteristic or contaminant must not be less than
the release limit stated.

“mg/L” means milligrams per litre.

“noise sensitive place” means -

 

(a) a dwelling, mobile home or caravan park, residential marina or other residential premises; or
(b) a motel, hotel or hostel; or -
(c) a kindergarten, school, university or other educational institution; or
(d) a medical centre or hospital; or
(e) a protected area; or
(f) @ park or gardens.

“noxious” means harmful or injurious to health or physical well being.

"NTU" means nephelometric turbidity units.

“offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive. .

“operator” means any of the following:

(i) a person having the benefit of this development permit
(ii) the holder of a registration certificate for this development permit
(iii) anyone undertaking the activity to which this development permit relates (Note: it is an offence to
carry out work under a development permit without a relevant registration certificate)

“program of dredging” means the location and nature of a dredging project, including the quantities and
characteristics of material to be dredged; the details of the location of the material to be dredged, the
location in which it is to be placed and the timeframes for milestones and or completion that have been
specified as approved programs of dredging under this development approval.

“regularly” means at fixed intervals or at evenly spaced intervals.

“range” means that the measured value of the quality characteristic or contaminant must not be greater than
the higher release limit stated nor lower than the lower release limit stated.

 

Page 11 of 12 "091217 Department of Environment and Resource Management

 

Page 26

 

DERM Permit number: SPCE01881811

 

 

“site" means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.

"tidal water" means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the
tide at spring tides.

“waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters
(including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and
groundwater and any part-thereof.

"works" or "operation" means the development approved under this development approval.

"you" means the holder of this development approval or owner / occupier of the land which is the subject of this
development approval.

 

 

Page 12 of 12 * 091217 Department of Environment and Resource Management

Page 27

                                                                                               Sustainable Planning Act 2009


                                                             DERM Permit 1 number:                                IC0511NAM0009

    Assessment manager reference                        OPW11/0116
    (if any):

    Date application received:                          9 May 2011

    Decision:                                           Conditions that should attach to any development approval


    Relevant laws and policies:                         State Planning Policy 2/02 – Planning and Managing
                                                        Development Involving Acid Sulfate Soils

    Jurisdiction(s):                                    Various aspects of development - Acid sulfate soils.
                                                        Sustainable Planning Regulation 2009 - Schedule 7, table 3,
                                                        item 3



Development Description(s)


                   Property/Location                                                            Development

    'Park & Public Toilets'              Lot 114                     Operational Works
    Claude Batten Drive,                 MCH839107
    Noosa Heads

Reason(s) for inclusion of conditions

State Planning Policy 2/02 2 sets out the State’s interests concerning development involving acid
sulfate soils (ASS) in low-lying coastal areas. An assessment of the development application
indicates that there are significant environmental risks associated with disturbing acid sulfate soil
(ASS) at this site. To satisfy the requirements of the SPP 2/022, detailed knowledge on the location of
ASS and site specific management strategies should be a precursor to any site disturbance. This
may impact on the project design and financial viability of the project.

The disturbance of ASS should be avoided wherever possible. Any negative environmental impact
which occurs as a result of a development activity disturbing ASS and which does not comply with

1
   Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management.
2
  State Planning Policy 2/02: Planning and Managing Development involving Acid Sulfate Soils

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

Page 28

                                                 DERM Permit number: IC0511NAM0009

SPP 2/022 breaches the duty of care requirements as defined in the Environmental Protection Act
1994.

The obligation is on the developer to comply with SPP 2/022 and conditions of approval.




Delegate
PR Wilson
Principal Scientist (Resource Assessment & Information)
Bundaberg – South East Region
Delegate, Chief Executive administering the Sustainable
Planning Act 2009
Department of Environment and Resource Management
14 June 2011




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

Page 29

                                                               DERM Permit number: IC0511NAM0009

CONDITIONS
The Department recommends that the following conditions be attached to any development approval:
   1. Complete an ASS investigation in accordance with SPP 2/02 Guideline 3 .
   2. Based on the results of the ASS investigation, formulate an ASS Environmental Management
      Plan (ASS EM Plan) consistent with Appendix 4 of the SPP2/02 Guideline and the
      Management Principles of the latest version of the Queensland Acid Sulfate Soil Technical
      Manual, Soil Management Guidelines 4 .
   3. The development must comply with the ASS EM Plan required in 2.

The Department further recommends that the above conditions be addressed prior to development
commencing and suggests that the compliance stage of IDAS provides a suitable process for
ensuring the technical reports are in accordance with SPP 2/021.




                                             END OF CONDITIONS




3
 State Planning Policy 2/02 Guideline: Planning and Managing Development involving Acid Sulfate Soils
4
 Dear SE, Moore NG, Dobos SK, Watling KM and Ahern CR (2002). Soil Management Guidelines. In Queensland Acid Sulfate Soils
Technical Manual. Department of Natural Resources and Mines, Indooroopilly


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

Used in these records

About this file

File size
1.0 MB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Concurrence and Advice Agency Response - Department of Environment & Resource Management.pdf · 1.0 MB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.