Approval by MD Owners Consent

The above comments do not give approval for development that is:
= The removal, destruction or damage of marine plants,
* Building or operational works within a declared fish habitat area,
= Constructing or raising of waterway barrier works, or
= Aquaculture.

Although owner’s consent to the development or change application has been provided and no
tenure under the Land Act is required, your client is to undertake works on the land only if and
when the development has been approved by the assessment manager or responsible entity,
and in accordance with the conditions of that approval.

A copy of this letter is to be attached to your DA Form 1 as the required evidence of owner’s
consent.

Your client will also need to comply with all other legislative and regulatory requirements which
may also include approvals that are not part of the assessment of the development application
under the Planning Act 2016 e.g. a marine park permit if in a marine park.

Further, please note that the above consent will expire on 9 August 2021. Should the
development application not be lodged with the assessment manager prior to this date, your
client will be required again to lodge the DA Form 1 and any attachments with this Department
with a further request for owner’s consent - any further request will need to be reconsidered by
the Department.

It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage
Act 2003 or the Torres Strait Islander Heritage Act 2003.

Finally, owner’s consent is required under the Planning Act 2016 to enable the application to be
considered properly made for lodging with the assessment manager and is a completely
separate process to assessment of the application under the Planning Act 2076.

Accordingly, the State may act at a later date as responsible entity in the assessment of the
development application - providing owner’s consent will not influence any role the State may
have in this development assessment.

If you wish to discuss this matter please contact Deborah Eyre on (07) 5352 4246.
Please quote reference number 2020/013653 in any future correspondence.

Yours sincerely

OT

Matthew Halls

A/Senior Land Officer

A duly authorised delegate of the Minister

under the current Land Act (Ministerial) Delegation

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