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2302-33458 SRA - Response with conditions
Attached to the e-mail OPW23/0025 - SARA referral agency response.
RA6-N SARA reference: 2302-33458 SRA Council reference: OPW23/0025 28 March 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Daniel Epps Dear Sir/Madam, SARA referral agency response—2 Russell Street, Noosaville (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 24 February 2023. Response Outcome: Referral agency response – with conditions Date of response: 28 March 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Operational work for prescribed tidal works (extension of boat ramp) SARA role: Referral agency SARA trigger: Planning Regulation 2017 (Planning Regulation): Schedule 10, Part 17, Division 3, Table 2, Item 1 - Tidal works South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 7 PO Box 1129, Maroochydore QLD 4558
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2302-33458 SRA
or works in a coastal management district
Schedule 10, Part 17, Division 3, Table 1, Item 1 – Tidal
works or works in a coastal management district
SARA reference: 2302-33458 SRA
Assessment manager: Noosa Shire Council
Street address: 2 Russell Street, Noosaville
Real property description: Lot 157 on SP143417
Applicant name: Department of Agriculture and Fisheries
Applicant contact details: C/- Projex Partners
Level 3, 135 Horton Parade
Maroochydore QLD 4558
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
cc Department of Agriculture and Fisheries, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 2 of 7
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2302-33458 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Operational works
10.17.3.1.1 – Tidal works or works in a coastal management district —The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of Environment
and Science to be the enforcement authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following conditions:
1. The tidal works must be undertaken generally in accordance with the For the duration of the
following plans: works.
General Arrangement and Longitudinal Section, prepared by
Projex Partners, dated 23/01/2023, drawing number 497-002-
C002, revision 1.
Typical Sections prepared by Projex Partners, dated 23/01/2023,
drawing number 497-002-C003, revision 1.
Cross sections, prepared by Projex Partners, dated 23/01/2023,
drawing number 497-002-C004, revision 1.
2. At all times.
Maintain the development in accordance with the plans referenced in
condition 1, and the requirements of any conditions included in this
referral agency response.
3. For the construction of the boat ramp upgrade only use clean For the duration of the
materials which are free from prescribed water contaminants. works.
4. Development must prevent the release of sediment to tidal waters by For the duration of the
installing and maintaining erosion and sediment control measures in works.
accordance with the Best Practice Erosion and Sediment Control
(BPESC) guidelines for Australia (International Erosion Control
Association).
5. Submit “As Constructed drawings” to [email protected] or mail Within 20 business
to: days of the completion
Department of Environment and Science of the works.
Permit and License Management
GPO Box 2454
Brisbane Qld 4001
6. a) In the event that the works cause disturbance or oxidisation of a) Upon disturbance
acid sulfate soil, the affected soil must be treated and thereafter or oxidisation until
managed (until the affected soil has been neutralised or the affected soil
contained) in accordance with the current Queensland Acid has been
Sulfate Soil Technical Manual: Soil management guidelines, neutralised or
prepared by the Department of Science, Information Technology, contained.
Innovation and the Arts, 2014. b) At the time the
soils have been
b) Certification by an appropriately qualified person, confirming that neutralised or
the affected soil has been neutralised or contained, in contained.
accordance with (a) above is to be provided to
[email protected] or mailed to:
State Assessment and Referral Agency Page 3 of 7
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2302-33458 SRA
Department of Environment and Science
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qld 4001
Note: Appropriately qualified person means a person or persons who
has professional qualifications, training, skills and experience
relevant to soil chemistry or acid sulfate soil management and can
give authoritative assessment, advice and analysis in relation to acid
sulfate soil management using the relevant protocols, standards,
methods or literature.
10.17.3.2.1 – Tidal works or works in a coastal management district - The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of Transport
and Main Roads to be the enforcement authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the following
conditions:
7. The works must be carried out generally in accordance with the For the duration of
following plans: works.
General Arrangement and Longitudinal Section, prepared by
Projex Partners, dated 23/01/2023, drawing number 497-002-
C002, revision 1.
Typical Sections, prepared by Projex Partners, dated
23/01/2023, drawing number 497-002-C003, revision 1.
Cross sections, prepared by Projex Partners, dated 23/01/2023,
drawing number 497-002-C004, revision 1.
8. a) Light/mark all vessels, structures, plant and equipment For the duration of
associated with: works and for operation
i. the works, in accordance with the following specifications: to be maintained at all
- any anchors deployed must be marked with yellow buoys and
times.
fitted with FL yellow lights fitted.
b) Lighting provided must not obscure, disguise or otherwise
interfere with the safe navigation of other vessels, including the
effectiveness of navigational lighting.
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2302-33458 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.
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2302-33458 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
The proposed development is for operational works for prescribed tidal works (boat ramp extension).
The proposed development is located within a costal management district.
SARA assessed the development application against State code 7: Maritime Safety and State code
8: Coastal development and tidal works of the State Development Assessment Provisions (SDAP),
version 3.0 and determined that with conditions, the development achieves compliance with the
performance outcomes of the State code, to:
o to ensure the development is carried out generally in accordance with the plans of
development submitted with the application
o to ensure the development is maintained in accordance with the approved plans of
development and any ongoing reqruiements of conditions
o to ensure the development avoids or minimises adverse impacts on coastal resources and
their values
o to ensure the development minimises adverse impacts on environmental values
o to ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
environments
o to ensure that at all times, all lights on or above the development site do not interfere with
safe navigation in surrounding waterways.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 6 of 7
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2302-33458 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7