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16844 CAR notice · OPW14/0370

Attached to the e-mail OPW14/0370 - Concurrency Agency Response with conditions.

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SARA reference: SDA-1214-016844
Council reference: OPW14/0370


12 February 2015

Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565



Dear Mark Lewis

Concurrence agency response—with conditions
Cnr William Street and Gympie Terrace, Noosaville QLD 4566
(Given under section 285 of the Sustainable Planning Act 2009)


The referral agency material for the development application described below was received
by the Department of State Development, Infrastructure and Planning under section 272 of
the Sustainable Planning Act 2009 on 23 December 2014.

Applicant details
Applicant name:                    Noosa Shire Council
Applicant contact details:         PO Box 141
                                   TEWANTIN QLD 4565
                                   [email protected]

Site details
Street address:                    Cnr William Street and Gympie Terrace, Noosaville
Real property description:         Lot 1 RP65319
Local government area:             Noosa Shire Council


Application details
Proposed development:              Development Permit for Operational Works (Prescribed tidal
                                   works – Revetment wall and footpath upgrade)

Referral triggers

Page1
                                                                    SEQ North Region
                                                                    Level 8, Mike Ahern Building
                                                                    12 First Avenue
                                                                    PO Box 1127
                                                                    Maroochydore QLD 4558
Full text of the other 5 pages

Page 2

                                                                                           SDA-1214-016844


The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger                    Schedule 7, Table 2, Item 13 – Tidal works, or development in a
                                    coastal management district (Coastal management)
                                    Schedule 7, Table 2, Item 15 – Tidal works, or development in a
                                    coastal management district (Maritime safety)
Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Approved plans and specifications
The department requires that the following plans and specifications set out below and as
enclosed must be attached to any development approval.
      Drawing Title           Prepared by          Date          Reference no.     Revision
Aspect of development: Operational works
Project Cover Sheet           Noosa Shire                      22 October     0000009 01    N/A
                              Council                          2014
Existing Features             Noosa Shire                      22 October     0000009 02    N/A
                              Council                          2014
Plan and Cross Sections       Noosa Shire                      22 October     0000009 03    N/A
                              Council                          2014
Long Section Alignment 1      Noosa Shire                      22 October     0000009 04    N/A
                              Council                          2014
Long Section Alignment 2      Noosa Shire                      22 October     0000009 05    N/A
                              Council                          2014
Long Section Alignment 2 (2) Noosa Shire                       22 October     0000009 06    N/A
                              Council                          2014
Typical Construction Detail 1 Noosa Shire                      October 2014   0000009 07    N/A
                              Council
Typical Construction Detail 2 Noosa Shire                      22 October     0000009 08    N/A
                              Council                          2014
Plan and Cross Sections       Noosa Shire                      23 October     0000009 03    Revision A
                              Council                          2014




Department of State Development, Infrastructure and Planning                               Page 2

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                                                                                SDA-1214-016844




A copy of this response has been sent to the applicant for their information.

For further information, please contact Tracey Smith, Senior Planning Officer, on 07 3882 8409, or
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc:       Noosa Shire Council, [email protected]
enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Approved Plans




Department of State Development, Infrastructure and Planning                    Page 3

Page 4

                                                                                         SDA-1214-016844




SARA reference: SDA-1214-016844
Council reference: OPW14/0370


Attachment 1—Conditions to be imposed


No.         Conditions                                                          Condition timing
Operational works
7.2.13 Tidal works (coastal management)—Pursuant to section 255D of the Sustainable Planning
Act 2009, the chief executive administering the Act nominates the Director-General of the
Department of Environment and Heritage Protection to be the assessing authority for the
development to which this development approval relates for the administration and enforcement of
any matter relating to the following condition(s):
1.          The development must be carried out generally in accordance         At all times
            with the following plans:
                      Project Cover Sheet, prepared by Noosa Shire Council,
                       reference no. 0000009 01, dated 22 October 2014.
                      Existing Features, prepared by Noosa Shire Council,
                       reference no. 0000009 02, dated 22 October 2014.
                      Plan and Cross Sections, prepared by Noosa Shire
                       Council, reference no. 0000009 03, dated 22 October
                       2014.
                      Long Section Alignment 1, prepared by Noosa Shire
                       Council, reference no. 0000009 04, dated 22 October
                       2014.
                      Long Section Alignment 2, prepared by Noosa Shire
                       Council, reference no. 0000009 05, dated 22 October
                       2014.
                      Long Section Alignment 2 (2), prepared by Noosa Shire
                       Council, reference no. 0000009 06, dated 22 October
                       2014.
                      Typical Construction Detail 1, prepared by Noosa Shire
                       Council, reference no. 0000009 07, dated October 2014.
                      Typical Construction Detail 2, prepared by Noosa Shire
                       Council, reference no. 0000009 08, dated 22 October
                       2014.
                      Plan and Cross Sections, prepared by Noosa Shire
                       Council, reference no. 0000009 03, dated 23 October
                       2014, revision A.
2.          During the construction phase of the works:                         For the duration of
                a) Install and maintain all measures, plant and equipment       the works the subject
                    necessary to ensure compliance with these conditions.       of this approval
                b) Only use materials which are:
                       i) Clean and free of silt;
                       ii) Free from pests, chemicals and other
                            contaminants as defined under section 11 of the
                            Environmental Protection Act 1994; and
                       iii) Suitable for the purpose; and
                c) Promptly remove any material or debris which has been
                    deposited within the coastal management district or tidal
                    waters, other than in accordance with this approval.
3.          Erosion and sediment control measures must be installed and         Prior to
            maintained to prevent the release of sediment into tidal waters.    commencement of
                                                                                the works and




Department of State Development, Infrastructure and Planning                               Page 4

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                                                                                            SDA-1214-016844




No.         Conditions                                                             Condition timing
                                                                                   maintained until their
                                                                                   completion
4.          Should the works become damaged as a result of erosion,                At all times
            flooding or storm tide inundation, the registered landowner(s) of
            the land to which the works are attached, shall be responsible for
            the collection and removal of all debris, previously being a part of
            the works, at their own expense.
5.          Any disturbed or oxidised acid sulfate soil must be treated and        For the duration of
            managed in accordance with the current Queensland Acid Sulfate         the works the subject
            Soil Technical Manual: Soil Management Guidelines v4.0,                of this approval.
            prepared by the Department of Science, Information Technology,
            Innovation and the Arts, 2014.
7.2.15 Tidal works (maritime safety)—Pursuant to section 255D of the Sustainable Planning Act
2009, the chief executive administering the Act nominates the Director-General of the Department
of Transport and Main Roads to be the assessing authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition(s):
6.          Provide written notice to the Regional Harbour Master (Brisbane),      When the
            Maritime operations Base, MacArthur Avenue East, PINKENBA              development
            QLD 4008, when the development authorised under this approval          authorised under this
            has started, and when it has been completed.                           approval has started
            These notices must state this permit number, the location and          and when it has
            name of registered place and the condition number under which          been completed
            the notice is being given.
7.          “As constructed” drawings must be provided to the Regional             Within two weeks of
            Harbour Master (Brisbane), Maritime operations Base, MacArthur         the completion of the
            Avenue East, PINKENBA QLD 4008.                                        works
8.          The structure must be lit/marked in accordance with section 3 of       At all times
            AS4282-1997 ‘Control of the obtrusive effects of outdoor lighting’,
            such that it does not cause a risk to the safe navigation of other
            ships.
9.          Any navigational aid that is damaged due to the construction,          At all times
            operation or maintenance of the approved development must be
            promptly repaired or replaced at the applicant’s cost. In the event
            that any damage is caused to any aid to navigation, the Harbour
            Master must be immediately contacted on 07 3305 1700.
10.         The construction, operation or maintenance of the structures, and      At all times
            any ship moored at this structure, must not impede the safe
            navigation of other ships or restrict safe access to or from
            neighbouring structures.
11.         Any debris or similar obstruction encountered whilst undertaking       Prior to the
            the work must be promptly and suitably disposed of at the              completion of the
            applicant’s cost.                                                      works.




Department of State Development, Infrastructure and Planning                                  Page 5

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                                                                               SDA-1214-016844




SARA reference: SDA-1214-016844
Council reference: OPW14/0370


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To ensure the development is carried out generally in accordance with the plans of
   development submitted with the application.
 To ensure the development avoids or minimises adverse impacts on coastal resources
   and their values.
 To ensure landowners are aware they must take responsibility for their damaged
   property s they can impact on coastal resources and public safety.
 To ensure any acid sulfate soils present are managed to protect the coastal
   environment.
 To facilitate the monitoring of the development works for compliance purposes.
 To ensure the development does not encroach on the navigable waterway in a way
   that impedes the safe passage of vessels.
 To ensure that at all times, all lights on or above the development site do not interfere
   with safe navigation in surrounding waterways.




Department of State Development, Infrastructure and Planning                     Page 6

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