Council archive · source document
Appendix H - SDAP Response · REC15/0011
Attached to the e-mail REC15/0011 - Development Application for Reconfiguration of a lot - 1 lot into 11 lots plus balance lot - Appendices F, G, H & I email 2 of 2.
Response column key:
Achieved
10.1 Tidal works, or development in a coastal management district state code P/S Performance solution
N/A Not applicable
Table 10.1.1: All development
Performance outcomes Acceptable outcomes Response Comment
PO1 Development in a coastal hazard AO1.1 Development is located outside a high coastal P/S The site is wholly included within the Coastal Management
area is compatible with the level of hazard area unless it is: District (CMD) and partly included in the Erosion Prone Area
severity of the coastal hazard. (1) coastal-dependent development, or under State mapping. The accuracy of this mapping is
(2) compatible with inundation due to its nature or questioned as the site is not subject to inundation by the
function, or highest astronomical tide nor is it as risk from sear erosion.
(3) temporary, readily relocatable, or able to be A detail survey undertaken by RPS and included on the
abandoned, or Proposal Plans at Appendix B of this report clearly
(4) essential community service infrastructure, or identifies the HAT and the 40m offset from same. It is clear
(5) small - to medium-scale tourist development, or that the proposed residential allotments and the proposed
(6) redevelopment within an existing built-up urban area, drainage lot (lot 900) are clear of HAT and the offset area.
or is redevelopment of built structures that cannot be The remaining proposed lot 900 is intended to be dedicated
relocated or abandoned. for the purposes of reserve and will therefore not be subject
to future development.
AND
On this basis, it is contended that the proposed
AO1.2 Development referred to in AO1.1(6) avoids being development is compatible with the level of severity of the
located within a high coastal hazard area, or where this is coastal hazard applicable to the subject land.
not practicable, minimises the exposure of people and
permanent structures to coastal hazard impacts.
PO2 Development siting, layout and AO2.1 Development within a coastal hazard area is Refer above. The proposed development has been
access in a coastal hazard area located, designed, constructed and operated to maintain designed so as to minimise the risks to personal safety and
responds to potential inundation due to a or enhance the community’s resilience to defined storm property. Accuracy in mapping has been ground truthed by
defined storm tide event and minimises tide events by limiting the exposure of people and the detail survey included on the Proposal Plans at
associated risks to personal safety and structures to associated impacts. Appendix B of this report, which clearly identifies that the
property. AND proposed residential lots and proposed drainage lots lie
outside areas subject to coastal hazard.
AO2.2 Development mitigates any residual impacts from Refer above. The proposed development has been
storm tide inundation in a coastal hazard area including by designed to take account of HAT and a 40m offset from
ensuring: same as identified by a detail survey undertaken by RPS
(1) habitable rooms of built structures are located above and included on the Proposal Plans at Appendix B. It is
the defined storm tide event level and any additional noted that this does not strictly align with the State mapping,
freeboard level that would ordinarily apply in a flood but it is contended that this ground truthing undertaken by
prone area under a relevant planning scheme RPS provides a more accurate representation of HAT. The
standard, or proposed residential allotments and the proposed drainage
(2) a safe refuge is available for people within the lots all remain clear of HAT and a 40m offset. The
premises during a defined storm tide event, or remaining proposed lot 900 is intended to be dedicated for
(3) at least one evacuation route remains passable for the purposes of reserve and as such will not accommodate
emergency evacuations during a defined storm tide future development.
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Performance outcomes Acceptable outcomes Response Comment
event, including consideration of the capacity of the
route to support the evacuation of the entire local
population within a reasonably short timeframe (for
example, 12 hours).
AND
AO2.3 Development within a coastal hazard area is Refer above. The proposed development will not result in
located, designed and constructed to ensure exposed structures being located in areas subject to flooding from a
structures can sustain flooding from a defined storm tide defined storm tide event.
event.
AND
AO2.4 Essential community service infrastructure is: N/A The proposed development does not include any essentially
(1) located so that it is not inundated by a recommended community service infrastructure.
storm tide event specified for that infrastructure, or
(2) located and designed to ensure any components of
the infrastructure that are likely to fail to function or
may result in contamination when inundated by a
storm tide (for example, electrical switch gear and
motors, water supply pipeline air valves) are:
(a) located above the peak water level for a
recommended storm tide event, or
(b) designed and constructed to exclude storm tide
intrusions or infiltration (including by being
located in the ground), or
(c) able to temporarily stop functioning during a
recommended storm tide event without causing
significant adverse impacts to the infrastructure
or the community.
AND
AO2.5 Emergency services infrastructure and emergency N/A The proposed development does not include any
shelters, police facilities, and hospitals and associated emergency services infrastructure.
facilities have an emergency rescue area above the peak
water level for a recommended storm tide event.
PO3 Development directly, indirectly and AO3.1 Development avoids increasing the number of Refer above. The proposed development will not result in an
cumulatively avoids an unacceptable premises from which people would need to be evacuated increase in the number of premises from which people will
increase in the severity of the coastal to prevent death or injury from a defined storm tide event. need to be evacuated from a defined storm tide event.
hazard, and does not significantly In this regard, whilst a Flooding Impact Assessment has not
increase the potential for damage on the been prepared in relation to the subject land, the Proposal
premises or to other premises. Plans included at Appendix B of this report clearly
demonstrate that the proposed residential allotments and
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Performance outcomes Acceptable outcomes Response Comment
the proposed drainage lot (lot 800) are offset 40m from
surveyed HAT of Wooroi Creek.
The proposed residential allotments are also predominantly
located above 5m AHD (with the exception of a small
section of proposed lots 3 – 5). Likewise, the proposed
drainage lot (lot 800) is located above 4m AHD.
Our client, who has been a resident of the subject land for in
excess of 60 years, also confirms that previous flooding
events on the subject land have not resulted in water
extending above the surveyed top of bank notated on the
Proposal Plans included at Appendix C. It is noted that all of
the proposed residential allotments as well as the proposed
drainage lot (lot 900) are located well above the top of bank.
It is contended that sufficient flood immunity is provided to
the proposed development.
PO4 Development avoids the release of AO4.1 Development that involves the manufacture or N/A The proposed development does not involve the
hazardous materials as a result of a storage of hazardous materials in bulk are designed to: manufacture or storage of hazardous materials.
natural hazard event. (1) prevent the intrusion of waters from a defined storm
Editor’s note: Applications should: tide event into structures or facilities containing the
hazardous materials, or
(1) assess the risk of storm tide inundation
(2) ensure hazardous materials remain secured despite
releasing or otherwise exposing
hazardous materials, including inundation, including secure from the effects of
appropriate emergency planning and hydrodynamic forcing associated with wave action or
contingency measures. flowing water.
(2) applications are to be supported by a
report certified by a Registered
Professional Engineer of Queensland
(RPEQ) that demonstrates this
performance outcome will be achieved.
PO5 Natural processes and the AO5.1 Development in an erosion prone area within the The proposed development will not impact on natural
protective function of landforms and coastal management district: process and the protective function of landforms and
vegetation are maintained in coastal (1) maintains vegetation on coastal landforms where its vegetation on the subject land below the surveyed HAT and
hazard areas. removal or damage may: 40m offset denoted on the Proposal Plans at Appendix B.
(a) destabilise the area and increase the potential
for erosion, or
(b) interrupt natural sediment trapping processes or
dune or land building processes
(2) maintains sediment volumes of dunes and near-shore
coastal landforms, or where a reduction in sediment
volumes cannot be avoided, increased risks to
development from coastal erosion are mitigated by
location, design, construction and operating
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Performance outcomes Acceptable outcomes Response Comment
standards
(3) minimises the need for erosion control structures or
riverbank hardening through location, design and
construction standards
(4) maintains physical coastal processes outside the
development footprint for the development, including
longshore transport of sediment along the coast
(5) reduces the risk of shoreline erosion for areas
adjacent to the development footprint unless the
development is an erosion control structure
(6) reduces the risk of shoreline erosion for areas
adjacent to the development footprint to the
maximum extent feasible in the case of erosion
control structures.
AND
AO5.2 Development in a storm tide inundation area is
located, designed, constructed and operated to:
(1) maintain dune crest heights, or where a reduction in
crest heights cannot be avoided, mitigate risks to
development from wave overtopping and storm tide
inundation
(2) maintain or enhance coastal ecosystems and natural
features, such as mangroves and coastal wetlands,
between the development and tidal waters, where the
coastal ecosystems and natural features protect or
buffer communities and infrastructure from storm tide
inundation.
AND
AO5.3 Redevelopment of built structures in the erosion N/A The proposed development does not include the
prone area within a coastal management district: redevelopment of built structures.
(1) avoids intensifying the use of the premises, or
(2) demonstrates that any intensification of use will not
result in an increase in the need for erosion control
structures or riverbank hardening.
AND
AO5.4 Development that is coastal protection work N/A The proposed development does not comprise coastal
involves: protection work.
(1) beach nourishment undertaken in accordance with a
program of beach nourishment works that source
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Performance outcomes Acceptable outcomes Response Comment
sediment of a suitable quality and type from outside
the active beach system, or
(2) the construction of an erosion control structure,
where it is demonstrated that installing an erosion
control structure is the only feasible option for
protecting permanent structures from coastal erosion
and those structures cannot be abandoned or
relocated in the event of coastal erosion occurring.
Editor’s note: Applications for coastal protection work should be
supported by a report certified by a Registered Professional
Engineer of Queensland (RPEQ) that demonstrates how the
engineering solution sought by the work will be achieved.
Editor’s note: Applications for erosion control structures should
demonstrate the consideration of beach nourishment techniques,
and include a statement of why nourishment (in whole or part)
has not been adopted as the preferred means of controlling the
erosion risk.
AND
AO5.5 Development involving reclamation: N/A The proposed development does not include reclamation.
(1) does not alter, or otherwise minimises impacts on,
the physical characteristics of a waterway or the
seabed near the reclamation, including flow regimes,
hydrodynamic forces, tidal water and riverbank
stability
(2) is located outside the active sediment transport area,
or otherwise maintains sediment transport processes
as close as possible to their natural state
(3) ensures activities associated with the operation of the
development maintain the structure and condition of
vegetation communities and avoid wind and water
run-off erosion.
Editor’s note: Applications for reclamation should be supported
by a report certified by an RPEQ that demonstrates how the
engineering solutions sought by the work will be achieved
PO6 Erosion prone areas in a coastal AO6.1 Development locates built structures outside the Refer response to AO1.1 above.
management district are maintained as part of the coastal management district that is the erosion
development free buffers, or where prone area unless the development is listed under AO1.1
permanent buildings or structures exist, (1) – (5).
coastal erosion risks are avoided or AND
mitigated.
AO6.2 Development is located outside the erosion prone
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Performance outcomes Acceptable outcomes Response Comment
area unless it is redevelopment.
AND
AO6.3 Coastal-dependent development: N/A The proposed development does not involve coastal-
(1) locates, designs and constructs relevant buildings or dependent development.
structures to withstand coastal erosion impacts,
including by use of appropriate foundations, or
(2) installs and maintains coastal protection works to
mitigate adverse impacts to people and permanent
structures from coastal erosion at the location.
AND
AO6.4 Development that is temporary, readily relocatable N/A The proposed development does not involve temporary,
or able to be abandoned, or essential community service readily relocatable or able to be abandoned or essentially
infrastructure: community service infrastructure
(1) locates built structures landward of an applicable
coastal building line, or
(2) where there is no coastal building line, locates
habitable built structures landward of the alignment of
adjacent habitable buildings, or locates lifesaver
towers or beach access infrastructure to minimise its
impacts on physical coastal processes, or
(3) where it is demonstrated that (1) or (2) is not
reasonable and (3) does not apply:
(a) locates built structures as far landward as
practicable
(b) uses layout design to minimise the footprint of
the development that remains within the erosion
prone area.
AND
AO6.5 Redevelopment of existing built structures not N/A The proposed development does not involve redevelopment
referred to in AO6.4, and excluding marine development: of existing built structures.
(1) relocates built structures outside that part of the
erosion prone area that is within the coastal
management district, or
(2) relocates built structures as far landward as
practicable, and landward of an applicable coastal
building line, or
(3) where there is no coastal building line:
(a) relocates built structures landward of the
alignment of adjacent habitable buildings, or
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Performance outcomes Acceptable outcomes Response Comment
(b) uses layout design to minimise the footprint of
the development that remains within the erosion
prone area, or
(c) provides sufficient space seaward of the
development within the premises to allow for
the construction of erosion control structures.
AND
AO6.6 Redevelopment of built structures in the erosion
prone area within a coastal management district, which
results in an intensification of use, mitigates the erosion
threat to the development, having regard to:
(1) design and construction standards
(2) installing and maintaining on-site erosion control
structures within the premises if the development is
not intended to be temporary.
PO7 Private marine development avoids AO7.1 Coastal protection work that is in the form of beach N/A The proposed development is not for a private marine
or minimises adverse impacts on coastal nourishment uses methods of placement suitable for the development.
resources and their values, to the location that do not interfere with the long-term use of the
maximum extent reasonable. locality of, or natural values within or neighbouring, the
proposed placement site.
AND
AO7.2 Marine development is located and designed to
expand on or redevelop existing marine infrastructure
unless it is demonstrated that it is not practicable to
co-locate the development with existing marine
infrastructure.
AND
AO7.3 Marine development:
(1) relies on a natural channel of a depth adequate for
the intended vessels, or
(2) where there are no feasible alternative locations for
the facility in the local area that do not require
dredging for navigation channel purposes:
(a) involves capital dredging for new navigation
channel purposes
(b) is located, designed and operated to minimise
the need for capital and subsequent
maintenance dredging for navigation channel
purposes.
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AND
AO7.4 Development minimises dredging or the disposal
of material in coastal waters during key biological events
(such as fish aggregations or spawning) for species found
in the area.
AND
AO7.5 Measures are to be incorporated as part of siting
and design of the development to protect and retain
identified ecological values and underlying ecosystem
processes within or adjacent to the development site to
the greatest extent practicable. This includes:
(1) maintaining or restoring vegetated buffers between
development and coastal waters to the extent
practicable, unless the development is within ports or
airports, or is marine development
(2) maintaining or enhancing the connectivity of
ecosystems in consideration of the cumulative effect
of the development in addition to existing developed
areas
(3) retaining coastal wetlands, seagrass beds and other
locally important feeding, nesting or breeding sites for
native wildlife.
AND
AO7.6 Measures are incorporated as part of siting and
design of the development to maintain or enhance water
quality to achieve the environmental values and water
quality objectives outlined in the Environmental Protection
(Water) Policy 2009.
AND
AO7.7 Development avoids the disturbance of acid
sulphate soils, or where it is demonstrated that this is not
possible, the disturbance of acid sulphate soils is carefully
managed to minimise and mitigate the adverse effects of
the disturbance on coastal resources.
PO8 Coastal protection work is AO8.1 Coastal protection work is only undertaken to N/A The proposed development does not involved coastal
undertaken only as a last resort where protect existing permanent structures from imminent protection work.
erosion presents an imminent threat to adverse coastal erosion impacts, and the structures
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public safety or permanent structures. cannot reasonably be relocated or abandoned.
Editor’s note: Applications for coastal AND
protection work must be supported by a report
certified by an RPEQ that demonstrates how AO8.2 Coastal protection work to protect private
the engineering solution sought by the work structures is undertaken on private land to the maximum
will be achieved.
extent reasonable.
AND
AO8.3 Coastal protection work does not increase
the coastal hazard risk for adjacent areas or
properties.
PO9 Development avoids adverse AO9.1 Development: The proposal will not adversely impact on matters on state
impacts on matters of state (1) is set back from matters of state environmental environmental significance. The site is subject to regulated
environmental significance, or where this significance vegetation (Category B). The presence of environmental
is not reasonably possible, impacts are (2) avoids interrupting, interfering or otherwise adversely constraints is predominantly located on the balance of the
minimised and an environmental offset is impacting underlying natural ecosystem components site and as such, this half of the site will be dedicated for the
provided for any significant residual or processes and interactions that affect or maintain purposes of reserve (environmental park) in accordance
impacts to matters of state environmental the matters of state environmental significance, such with pre-lodgement discussions with Noosa Council.
significance that are prescribed as water quality, hydrology, geomorphology and
environmental matters. biological processes, or
(3) incorporates measures as part of its location and
design to protect and retain matters of state
environmental significance and underlying ecosystem
processes within and adjacent to the development
site to the greatest extent practicable.
Editor’s note: Applications for development should identify any
threatened species or their habitats, or threatened ecosystems
that may be affected by the proposal. In particular, applications
should identify and describe how the development avoids
adverse impacts on any critical life stage ecological processes
within or adjacent to the development area.
AND
AO9.2 An environmental offset is provided for any N/A Refer above. The proposal will not adversely impact on
significant residual impact on matters of state matters of state environmental significance and as such an
environmental significance that are prescribed environmental offset will not be required.
environmental matters caused by the development.
Editor’s note: Applications for development should identify
anticipated losses, and outline what actions are proposed to be
undertaken to offset the loss in accordance with the relevant
Queensland Environmental Offsets Policy.
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PO10 Development maintains or AO10.1 Development adjacent to state coastal land or P/S The proposed development anticipates the dedication of
enhances general public access to or tidal water: proposed lot 900, as shown on the Proposal Plans at
along the foreshore, unless this is (1) demonstrates that restrictions to public access are Appendix B, for the purposes of reserve. This land lies
contrary to the protection of coastal necessary for: adjacent to Wooroi Creek and incorporates the area of the
resources or public safety. (a) the safe or secure operation of development, or subject site surveyed as HAT and 40m offset. As such,
(b) the maintenance of coastal landforms and general public access will be enhanced as a consequence
coastal habitat of the proposed development.
(2) separates residential, tourist and retail development
from tidal water with public areas or public access
facilities, or
(3) maintains existing public access (including public
access infrastructure that is in the public interest)
through the site to the foreshore for:
(a) pedestrians, via access points including
approved walking tracks, boardwalks and
viewing platforms, or
(b) vehicles, via access points including approved
roads or tracks.
AND
AO10.2 Development adjacent to state coastal land,
including land under tidal water:
(1) is located and designed to:
(a) allow safe and unimpeded access to, over,
under or around built structures located on, over
or along the foreshore
(b) ensure emergency vehicles can access the
area near the development, or
(2) minimises and offsets any loss of access to and
along the foreshore within two kilometres of the
existing access points, and the access is located and
designed to be consistent with (1)(a) and (b).
AND
AO10.3 Any parts of private development that extend over N/A The proposed development does not extend over tidal
tidal water are to be designed, constructed and used for water.
marine access purposes only.
PO11 Private marine development AO11.1 Private marine development and other structures N/A The proposed development is not for a private marine
avoids structures attaching to, or such as decks or boardwalks for private use do not attach development.
extending across, non-tidal state coastal to, or extend across state coastal land that is situated
land abutting tidal waters. above the high water mark.
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Editor’s note: For occupation permits or allocations of State land,
refer to the Land Act 1994.
PO12 Further development of artificial AO12.1 The design, construction and operation of artificial N/A The proposed development does not involve the creation of
waterways avoids or minimises adverse tidal waterways maintains the tidal prism volume of the an artificial waterway.
impacts on coastal resources and their natural waterway to which it is connected.
values, and does not contribute to: AND
(1) an increase in the risk of flooding or
erosion AO12.2 The design, construction and operation of artificial
(2) degradation of water quality tidal waterways does not increase risk from flooding.
(3) degradation and loss of matters of AND
state environmental significance
(including, but not limited to, coastal AO12.3 The design, construction and operation of an
wetlands, fish habitat areas and artificial waterway in connection with the reconfiguration of
migratory species habitat). a lot ensures:
(1) water inlet and outlets structures are of sufficient
capacity to maintain the water quality within the
waterway
(2) water discharged from the artificial waterway protects
the environmental values and water quality objectives
of the receiving waters
(3) dredged material is not disposed of to tidal water
beyond the artificial waterway unless there is a
beneficial reuse, e.g. beach nourishment.
Editor’s note: For more information on environmental values and
water quality objectives see Schedule 1 of the Environment
Protection (Water) Policy 2009.
AND
AO12.4 The location of the artificial waterways avoids
matters of state environmental significance, or does not
result in any significant adverse impact on matters of state
environmental significance.
PO13 Development does not involve No acceptable outcome is prescribed. N/A The development does not involve the reclamation of land.
reclamation of land below tidal water,
other than for the purposes of:
(1) coastal-dependent development,
public marine development or
community infrastructure
(2) strategic ports, boat harbours or
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strategic airports and aviation
facilities, in accordance with a
statutory land use plan, where there
is a demonstrated net benefit for the
state or region and no feasible
alternative exists
(3) coastal protection work or work
necessary to protect coastal
resources or physical coastal
processes.
Table 10.1.2: Operational work
Performance outcomes Acceptable outcomes Response Comment
PO1 Tidal works that is private marine AO1.1 The location and design of tidal works that is N/A The proposed development is not for operational works.
development does not result in adverse private marine development:
impacts to tidal land. (1) is on private land abutting tidal water and used for
Editor’s note: In addressing this performance property access purposes
outcome, the applicant should also have (2) occupies the minimum area reasonably required for
regard to requirements for private marine
its designed purpose
development in the prescribed tidal works
code in the Coastal Protection and (3) is not to be roofed or otherwise covered
Management Regulation 2003. (4) does not require the construction of coastal protection
works, shoreline or riverbank hardening or dredging
Editor’s note: Applications should be for marine access
supported by a report certified by an RPEQ to
(5) does not adversely impact on public safety or public
demonstrate compliance with this performance
outcome.
access and use of the foreshore.
PO2 Development does not result in the No acceptable outcome is prescribed. N/A The proposed development is not for operational works.
disposal of material dredged from an
artificial waterway into coastal waters,
with the exception of:
(1) reclamation works, or
(2) coastal protection works, or
(3) the maintenance of an existing
artificial waterway and the at-sea
disposal of material that has
previously been approved for the
waterway.
PO3 The design and construction of an AO3.1 The design and construction of the artificial N/A The proposed development is not for operational works.
artificial waterway maintains coastal waterway provides for sand bypassing where this is
landforms. necessary to prevent erosion of adjacent coasts and
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minimise sedimentation of the waterway.
AND
AO3.2 Clean sand accumulating within an artificial N/A The proposed development is not for operational works.
waterway is returned to the active beach system, in
preference to disposal on land.
PO4 Development that involves dredging AO4.1 A management plan for the development: N/A The proposed development is not for operational works.
includes and complies with a (1) directs the operation of the development
management plan that demonstrates how (2) identifies disposal methods and disposal sites for the
environmental impacts will be managed removed material for the construction and operational
and mitigated, and how the requirements phases of the development
of the National assessment guidelines for (3) outlines how any adverse effects from extraction
dredging, Australia Government activities on sediment transport processes or
Department of the Environment, Water, adjacent coastal landforms will be mitigated or
Heritage and the Arts, 2009 will be met. otherwise remediated by suitably planned and
implemented beach nourishment and rehabilitation
works.
Editor’s note: The development should comply with the National
assessment guidelines for dredging, Australian Government
Department of Environment, Water, Heritage and the Arts, 2009.
AND
AO4.2 For land based disposal of dredged material, any N/A The proposed development is not for operational works.
area used for storing, dewatering, drying or rehandling
dredged material as outlined in the dredge management
plan is:
(1) of sufficient size for the projected volume of dredged
material from relevant capital or maintenance
dredging
(2) protected from future development that would
compromise the use of the area for its intended
purpose of material storage and dewatering.
AND
AO4.3 For at-sea disposal of suitable dredged material, N/A The proposed development is not for operational works.
the dredge management plan specifies that material is
placed at a dredged material disposal site only if it is
demonstrated that it is not feasible to:
(1) dispose of the material above the high water mark, if
the material is from maintenance works for an
existing artificial waterway for which at-sea disposal
was previously approved, or
(2) keep the dredged material within the active sediment
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transport system for the locality, or
(3) use the material for beach nourishment or another
beneficial purpose.
AND
AO4.4 For at-sea disposal of dredged material where the N/A The proposed development is not for operational works.
marine spoil disposal site is a retentive (i.e. non-
dispersive) site, the disposal site identified in the dredge
management plan has the capacity to hold and retain the
material within its boundaries during construction and
operation of the development.
Editor’s note: The use of dredged material for a beneficial
purpose could include development of port or other marine
facilities, use for construction or industrial purposes, or use to
create or modify land or waters for an approved environmental
outcome (such as creation of a bird roosting site). Further
information about beneficial uses is contained in the National
assessment guidelines for dredging, Australian Government
Department of Environment, Water, Heritage and the Arts, 2009
Within a wild river area: riparian and wildlife corridor functions
PO5 The clearing of native marine plants AO5.1 Clearing of marine plants within a wild river area N/A The proposed development is not for operational works.
within a wild river area is minimised. can only occur to the extent of the works, plus the
prescribed area around the development to allow for
maintenance.
PO6 Development within a wild river area No acceptable outcome is prescribed. N/A The proposed development is not for operational works.
does not impact fish passage.
PO7 There is no net loss in marine plants AO7.1 Any marine plant damaged during construction in a N/A The proposed development is not for operational works.
beyond the extent of the works in a wild wild river area is replaced at the completion of the
river area. development with the same species of plant in the
disturbed area outside the footprint of the development.
PO8 Works within a wild river area do not AO8.1 Works located in tidal waters within a wild river N/A The proposed development is not for operational works.
impact on fish habitat values. area are located, designed, and constructed using
materials to ensure that the activities do not impact on fish
habitat values and function.
Within a wild river area: hydrological processes
PO9 Development within a wild river area No acceptable outcome is prescribed. N/A The proposed development is not for operational works.
does not impound natural drainage lines
or flow paths, during both construction
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Performance outcomes Acceptable outcomes Response Comment
and operation.
Within a wild river area: geomorphic processes
PO10 Excavation and filling for No acceptable outcome is prescribed. N/A The proposed development is not for operational works.
prescribed tidal work within a wild river
area is carried out only to the extent
necessary for the development.
PO11 Works in a tidal area within a wild AO11.1 Where it is necessary to remove a marine plant, N/A The proposed development is not for operational works.
river area are designed and constructed the root system must be left in the substrate to minimise
in a way to ensure they do not adversely disturbance to bed and banks.
affect the stability of the bed and banks AND
of any waterway.
AO11.2 When the works are completed, any tidal lands N/A The proposed development is not for operational works.
disturbed by activities beyond the footprint of the works
are restored to pre-disturbance condition to promote
natural restoration of marine plants and fish habitats.
Within a wild river area: water quality
PO12 No pollutants are released from No acceptable outcome is prescribed. N/A The proposed development is not for operational works.
the activity.
Table 10.1.3: Reconfiguring a lot
Performance outcomes Acceptable outcomes Response Comment
PO1 Erosion prone areas in a coastal AO1.1 Where reconfiguring a lot is proposed within the P/S The site is wholly included within the Coastal Management
management district are maintained as coastal management district, the erosion prone area District (CMD) and partly included in the Erosion Prone Area
development free buffers, or where within the lot, or land within 40 metres of the foreshore under State mapping. The accuracy of this mapping is
permanent buildings or structures exist, (whichever is greater), is surrendered to the State for questioned as the site is not subject to inundation by the
coastal erosion risks are avoided or public use unless: highest astronomical tide nor is it as risk from sear erosion.
mitigated. (1) the development is in a port or is for coastal- A detail survey undertaken by RPS and included on the
dependent development, or Proposal Plans at Appendix B of this report clearly
(2) the surrender of the land will not enhance coastal identifies the HAT and the 40m offset from same. It is clear
management outcomes, for example, because there that the proposed residential allotments and the proposed
is already substantial development seaward of the lot. drainage lot (lot 900) are clear of HAT and the 40m offset.
Editor’s note: Land surrendered to the State for public use under The remaining proposed lot 900 is intended to be dedicated
AO1.1 is to be: for the purposes of reserve and will therefore not be subject
(1) placed in a State land reserve for beach protection and to future development.
coastal management purposes under the Land Act 1994, On this basis, it is contended that the proposed
with local government as trustee, or development is compatible with the level of severity of the
(2) managed for beach protection and coastal management
purposes under another management regime to the
coastal hazard applicable to the subject land.
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Performance outcomes Acceptable outcomes Response Comment
satisfaction of the chief executive administering the
Sustainable Planning Act 2009 and Land Act 1994, if it is
demonstrated that AO1.1(1) cannot be reasonably
achieved.
(3) The Land Act 1994 also includes provisions for voluntary
land surrender for freehold land to the satisfaction of the
chief executive administering the Land Act.
PO2 Development maintains or AO2.1 Reconfiguring a lot that abuts the foreshore or tidal The proposed development anticipates the dedication of
enhances general public access to or waters is designed to enhance public access if it involves proposed lot 900, as shown on the Proposal Plans at
along the foreshore, unless this is the creation of 10 or more lots or the opening of a new Appendix B, for the purposes of reserve. This land lies
contrary to the protection of coastal road, unless it is for coastal-dependent development. adjacent to Wooroi Creek and incorporates the area of the
resources or public safety. subject site surveyed as HAT and 40m offset. As such,
general public access will be enhanced as a consequence
of the proposed development.
PO3 Development in connection with a AO3.1 The canal avoids intersecting with land or tidal land N/A The proposed development does not include a canal.
canal enhances public access to coastal where the passage, use or movement of vessels in water
waters. could be restricted by the registered proprietor of the land.
AND
AO3.2 The area of the canal relating to the development N/A The proposed development does not include a canal.
is surrendered to the State as a public waterway.
AND
AO3.3 The plans of subdivision for the canal are N/A The proposed development does not include a canal.
consistent with Requirements for plans of subdivision of
an artificial waterway, Department of Environment and
Heritage Protection, 2013.
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20 June 2014 V1.4 Page 16 of 16
Used in these records
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