2017-01-16 General Committee Agenda

Page 80 of 146

It is important to clearly understand that the Discovery Group proposes that all of its experiences into the Cooloola
National Park and the Everglades will start and conclude from Elanda Pt. Customers for these tours who are presently
residing in the coastal area of Noosa and beyond will be transported by road to Elanda Point to undertake the eco-
tourism experience, there will be no operation of the Discovery Groups high speed vessels from the lower reaches of
the Noosa River.

Advice Received

Advice has been provided that the construction of a jetty in this location would require an application to Noosa Council
for Carrying out Operational Works for Prescribed Tidal Works (application for a jetty).

The advice received from DILGP is the locality of Lake Cootharaba is designated as Fish Habitat Management Area A
and as such an application seeking the construction of a private jetty within this location would be most likely not be
supported as it would be unable to meet the specific provisions within SDAP Module 5.1 Development in a Declared
Fish Habitat state code.

Subsequent meeting with officers within DETSB, DNRM, DTMR, and MSQ have been open and frank on the parameters
within which positive consideration of an application for a jetty would be assessed.

Advice was provided that detailed the following,

    e   Anapplication can be lodged for the construction of — Public Infrastructure — to facilitate fishing
    e   The “Proponent” or Applicant / “Owner” of the Infrastructure MUST BE a public entity ie: Noosa Council,
        QPWS, TMR, MSQ etc....
    e   Anagreement to be drawn up between Noosa Council and the Discovery Group for:
             o   Discovery Group to pay for (and manage construction of) the structure.
             o   Council to own, control and have liability for the public structure.
             o   Council to grant access rights to Discovery Group for commercial use.

This application process has been recently undertaken and completed at North Stradbroke Island whereby the
Stradbroke Island Yacht Club applied for a jetty —in a FHA Zone A. Their application was rejected on one ground — that
the applicant was from a private entity.

The Club approached the Gold Coast Waterway Authority — to be the proponent of the applicant and drafted a MOU
outlining costs, maintenance and insurance etc. to be borne by the Yacht Club and accepted their request to lodge the
application on their behalf. The application was accepted and subsequently gained approval.

Proposal

The Discovery Group proposes to Noosa Council that they formally consider the request to be the “Applicant” for the
Carrying out Operational Works for Prescribed Tidal Works (application for a jetty) to enable the Discovery Group to
establish a commercial operation for its Everglades eco-tourism operations on the public jetty.

As part of the consideration the Discovery Group would, as included above wish to enter into an agreement with Noosa
Council whereas the Discovery Group would,

    e    Meet all application costs including specialists reports, design, engineering and council fees;
    e    Meet the construction costs for the jetty through an open tender process;
    e    Have acommercial tenure (lease of suitable terms) on part of the jetty to enable safe and ongoing operations
        of its vessels; and
    e    Undertake necessary repairs and maintenance of any approved jetty to ensure risk minimization and WH & S
        compliance.

                                                                                                       Page 80 of 146