Skmbt_C25011061416250 · OPW11/0144

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Notice
Concurrence Agency Response, Amended Concurrence Agency Response
or Advice Agency Response

Construction of pontoon system, including existing access gangway
and restraint piles.

Property/Location description:
2 Russell Street, Noosaville or Lot 157 on SP143417

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.

Conditions must attach to any development approval, and those conditions are listed below.

3. The Chief Executive, 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.

 

 

 

 

 

 

 

 

Not applicable.
4. Approved plans / specifications
Document No. Document Name Date
JSP-SJ-23890 Proposed pontoon replacement —~ site plan, layout and 10/12/10 Issue A
water allocation
JSP-SJ-23891 Proposed pontoon replacement — elevation 40/12/10 Issue A
5. 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
DERM -— Cotton Tree; PO Box 168 Cotton Tree, Qld, 4558 and an electronic copy to

[email protected] 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.

 

Page 2 of 7* 091217 Department of Environment and Resource Management

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Notice

Concurrence Agency Response, Amended Concurrence Agency Response
or Advice Agency Response

 

DERN 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 $750,000 for a
corporation and $75,000 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) 3238 3838 or on the DERM website

www.DERM.qld.gov.au/cultural_heritage

6. Additional comments or advice about the application
Nil
7. Additional information for applicants

Contaminated land

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes
aware a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act
1994) is being carried out on the land, or that the land has been, or is being, contaminated by a hazardous
contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written
notice to DERM.

8. 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:

DERM is a concurrence agency under the Sustainable Planning Regulation 2009 for coastal
management under the Coastal Protection and Management Act 1995, excluding amenity or
aesthetic significance or value. :

 

Page 3 of 7* 091217 Department of Environment and Resource Management

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Notice

Concurrence Agency Response, Amended Concurrence Agency Response

or Advice Agency Response

Agency Interest — General

1.

2.
3.

All works are to be constructed in accordance with the attached approved drawings and specifications
listed in the approved plans section in the notice attached to this permit.

All materials and works must comply with Australian Standards.

An appropriate spill kit, personal protective equipment and relevant operator instructions/emergency
procedure guides for the management of fuel and chemicals associated with the operational works
stage must be kept on site.

Anyone working under this approval must be trained in the use of the spill kit.

Telephone the Department of Environment and Resource Management's (DERM) Pollution Hotline on ©
1300 130 372 or local office on (07) 5459 6132 immediately after becoming aware of any release of
contaminants or other-breach of condition, not in accordance with the conditions of this-approval.

The construction and installation of the works must not result in any adverse impacts on the
surrounding environment, nor cause any long-term maintenance and management implications.

Should the works result in adverse impacts, the permit holder is responsible for rectification works and
where necessary the removal of the works causing impacts.

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:

(i) create a-danger to the public; or

(ii) | cause erosion or land degradation; or

(iii) | are unstable; or :

(iv) have not been constructed according to the approved plans.

Agency Interest - Land

9.

10.

41.

No sand is to be removed from the coastal dune system or active beach system within the erosion
prone area or coastal management district.

Spoil removed from within the proposed development area must be stockpiled separately upon
excavation, and reused, rather than disposed of.

Best practice erosion and sediment control measures must be implemented and maintained to
minimise erosion and the release of sediment.

Agency Interest — Acid Sulfate Soil

12.

13.

Acid sulfate soils must be managed such that contaminants are not directly or indirectly released to
any land or waters.

Should acid sulfate soils be discovered they must be treated and managed inline with the latest
edition of the Queensland EPA's ‘Instructions for the Treatment and Management of Acid Sulfate
Soils’ 2001.

Agency Interest — Vegetation

14,

15.

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

There must be no death or permanent removal of marine plants, inter-tidal plants or native terrestrial .
woody vegetation outside of the disturbance footprint as indicated within the attached approved plans,
as a result of these works.

 

Page 4 of 7° 091217 Department of Environment and Resource Management

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16.

17.

Notice

Concurrence Agency Response, Amended Concurrence Agency Response

or Advice Agency Response

Following the operational works, disturbed areas on or adjacent to the site and the areas indicated in
the approved plans must be revegetated with endemic native plants common to the site or if a
modified area such as a park, using common turf or ground cover species.

Revegetated areas (other than grassed areas) must be fenced off to prevent pedestrian and vehicular
access.

Agency Interest — Water

18.

19.
20.

21,

22.

All materials used in the construction of the works must be:
(i) clean and free of silt and;

(ii) suitable for the purpose having regard to the location of the land and to the proposed use of
the land.

The development must maintain local and regional drainage and hydrological systems.

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

Stockpiles of waste, spoil or other contaminated material must not be stored within thirty (30) metres
of the high water mark.

Chemical, waste, fuel or oil storage onsite must be appropriately bunded to contain the full volume of
the stored material.

END OF CONDITIONS

Delegate Enquiries:

Ben Sale ; oo Brodie Lucht
Delegate, Chief Executive administering the Coastal Department of Environment and Resource

Protection and Management Act 1995 Management
Department of Environment and Resource Management DERM — Cotton Tree; PO Box 168 Cotton Tree,

09/06/11 . Qld, 4558

Phone: 07 5459 6132
Fax: 07 5453 9927

Attachment(s)
Attachment 1 - Approved Plans_.

 

Page 5 of 7+ 091217 Department of Environment and Resource Management

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Notice
Concurrence Agency Response, Amended Concurrence Agency Response or Advice Agency Response

Attachment 1 — Approved Plans

 

 

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

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