SUPERSEDED - Decision Notice - Concurrence Agency - DERM [As Published] · 142009.684

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2.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
      unless they provide support for the handrail. In this regard, the proposed fenders on the jetty head
      shall be limited in height to the top of the adjacent jetty deck.
3.    All structures associated with the jetty and pontoon must be constructed wholly within the
      approved Resource Entitlement Area.
4.    Structures should be designed and constructed such that they are free standing within the
      waterway and are not connected to the revetment wall or rock wall.
5.    A rigid handrail shall be fitted on one side of the walkway.
6.    No boat lifting devices are to be attached or moored at the jetty structure for the purpose of
      elevating a vessel above the water without Council approval.
7.    The jetty shall be constructed in a manner to render the underside area vermin proof.
8.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
9.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10.   The jetty is to be used for private purposes only with no commercial operations to be
      undertaken.
11.   Boat repair activities will not be permitted on site.
12.   Wastewater and sullage shall only be disposed of at approved pump out facilities.
13.   The mooring facility shall not be utilised for live-aboard purposes.
14.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
15.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. This approval
      does not warrant that such plans and specifications have been checked in detail, nor does it
      absolve the owner of the land from complying with all the conditions of this approval and/or
      relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in
      the execution and/or performance of said works. The Council does not accept any
      responsibility for the accuracy of such plans and specifications as approved.
16.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the jetty, pontoon and regatta stairs have been constructed in accordance with best practice
      methods, are accordance with Coastal Protection and Management Act 1995, are structurally
      sound and will have no detrimental affect on the existing revetment walls. A final inspection
      and approval of the structure by Council’s Inspector is also required prior to the return of any
      bond monies held by Council. Please contact Council’s Land Development Section to arrange
      the inspection.
17.   A final inspection and approval of the structure by Council’s Inspector is required prior to the
      return of any bond monies held by Council. Please contact Council’s Land Development
      Section to arrange the inspection.
18.   The jetty shall be licensed with the Council upon completion of the structural work and shall be
      licensed annually thereafter.
19.   The Development Permit for Operational Works lapses if the works have not been completed
      by 23 June 2011, unless an application to extend the currency is approved by Council.


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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger              Referral Status   Referral Agency        Referral Address

 Operational Works that        Concurrence       Queensland             MacArthur Avenue East
 is  Prescribed   Tidal                          Transport - Maritime   PINKENBA QLD 4008
 Works                                           Safety

 Operational Works that        Concurrence       Department        of   PO      Box      15155
 is  Prescribed   Tidal                          Environment       &    CITY EAST QLD 4002
 Works                                           Resource
                                                 Management

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.     Plan / Document Name                     Date
 JSP-SJ-21810              B        Plan Layout & Elevation – The Jetty      11 February 2009
                                    Specialist
 JSP-SJ-21811              A        Site Plan, General Layout & Water        24 February 2009
                                    Allocation – The Jetty Specialist

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1.   On a Sunday or public holiday, at any time; or
      2.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council prior to
      commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES

Not applicable
9      PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES

Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable
14     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,




Denis Wallace
SENIOR PLANNING OFFICER

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Referral Agency Conditions –
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on channel
depths and draft restrictions.

Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.

Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.

10. Any ship moored at this jetty must not impede the safe navigation of other ships.or restrict safe

access to or from neighbouring structures.

. Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the

pontoon/structure must not exceed thé following sizes:

Wet Berth . Dry Berth :

Length Overall-10 metres. : - N/A

Beam - 4 metres

12. The contractor must construct the jetty within two years from the date of approval. If

construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety.Queensland does not need to be furthér consulted if all of the above conditions are
— : st : ;

_ The above conditions must be included in -your application to the assessment manager.

This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

   

“7

  

Captain Richard C Johnson

Gee Regional Harbour Master (Brisbane)

- Maritime Safety Quoensland Page 2 of 2

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Referral  Agency Conditions                          –
Department of Environment                            &
Resource Management
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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roo
DERM Permit number: IPCC01428009 ~a.

Contaminated Land :

itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on
the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after
becoming so aware, give notice to the Department of Environment and Resource Management.

Ben Sale

Delegate

Environmental Services .
Department of Environment and Resource Management
27 May 2009 foes £ oe

 

Page 2 of 4 Department of Environment and Resource Management

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"

DERM Permit number: IPCC01428009

CONDITIONS OF APPROVAL

General Permit Condition

Agency Interest: Coastal
4 .

Agency Int
4

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.

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 have not been constructed according to the approved plans. .- te

All reasonable and practicable measures must be taken to prevent pollution of watercourses or
stormwater systems as a result of silt run-off, oil and grease spills from machinery, concrete truck
washout and alike. Concrete agitator wash out must only be conducted in a specified area to facilitate
the removal of waste concrete from the area to landfill. Wastewater from cleaning equipment must not
be discharged directly or in-directly to any watercourses or stormwater systems.

terest: Water

There is to be no visible sediment plume greater than 30 metres from the proposed structure. !f a
visible plume exists 30 metres from the proposed structure, works must immediately cease and a
sediment curtain must be positioned around the plume until it has settled and is no longer visible.

 

Department of Environment and Resource Management

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res

OERM Permit number: |IPCC01428009: =.

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.

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

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

“Department of Environment and Resource Management” means the department or agency (whatever
called) administering the Coastal Protection and Management Act 1995 or the Environmental Protection Act
1994,.

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

“site” means larid or tidal waters or: or in which it is proposed to curry out the development approved under this
development approval.

“watercourse” means a river, creek or stream in which water flows permanently or intermittently-
= __ina natural channel, whether artificiafly improved or not; or

 

 

= in an artificial channel that has changed the course of the watercourse-~

"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.

END OF CONDITIONS

 

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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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