Whyte Consent · OPW13/0816

Page 2

EHP recommends that adjacent property owners are informed and their agreement possibly
sought. The proposed works should not prejudice the access rights of adjoining property owners
and their right of navigation in the waterway should not be impeded. Lot 81 on N10573 water
allocation area will be encroached by 2 metres and Lot 79 on N10573 water allocation area will
be encroached by 3 metres.

ln addition, it is suggested that given the proposed submerged breakwater revetment is adjacent
to a Fish Habitai Area advice from DAFF may also be required. lt is also suggested that given
the proposed submerged breakwater revetment possibly extends beyond the quayline a view
from The Regional Harbour Master, Maritime Safety Queensland might be appropriate.

Your clients will also need to comply with all other legislative and regulatory requirements which
may also include approvals that are not part of the assessment of the development application
under the Sustainable Planning Act 2009 (SPA) e.g. a marine park permit if in a marine park.
Further, please note that the above consent will expire on 25 May 2014. Should the development
application not be lodged with the assessment manager prior to this date, your clients will be
required again to lodge the IDAS Form 1 and any attachments with this Department with a further
request for owners consent - any further request will need to be reconsidered by the Department.

It is also advised that any land use activities must comply withlhe Aboriginal Cultural Herikge
Act 2003 or the Torres Strait lslander Heritage Act 2003.

Finally, owner's consent is required under SPA to enable the application to be considered
properly made for lodging with the assessment manager and is a completely separate process to
assessment of the application under SPA.

Accordingly, the Department may act at a later date as assessment manager, oncurrence/referral
agency, or advice agency in the assessment of the development application - providing owners
consent will not influence any statutory role the Department may have in this assessment.

lf you wish to discuss this matter please contact Charmaine Duke on (07) 54512243.

All future correspondence relative to this matter is to be referred to the contact Officer at the
address below or by email to [email protected]. Any hard copy correspondence
received will be electronically scanned and filed. For this reason, it is recommended that any
attached plans, sketches or maps be no larger than A3-sized.

Please quote reference number 2013/005985 in any future correspondence.
Yours sincerely


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Renee Grant
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Senior Land Officer
A duly authorised delegate of the Minister
under the current Land Act (Ministerial) Delegation

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