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3. Nature of request (please tick ALL applicable categories)
O To change the development pS To change the development [F To extend the relevant period

  

  

approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension. See Cireuwret «

 

 

 

 

    

4. Location of the premises
Unit No. [StreetNo G3 Steet TARLECANDS RD
Suburb COoeR.A

Plan type & plan no.

a KE_ 192.052

 
   
   
   

    

 
 

 

 

 

 

 

 

 

5. Concurrence Agencies
Was there one or more concurrence agencies involved in the original approval? By No
D Yes-provide details below

Note — Under $372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.

Concurrence Agency Date copy given

 

 

 

 

 

 

6. Pre-request response notice

Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
5X{No [a Yes

If yes, please attach a copy of the notice.

 

 

 

 

ye Oh lla mordatT-r nhs

Is the owner’s consent required for this request? bd No

1 Yes— complete either Table A or Table B below
Note — If more than one owner of the land all owners’ details are required

 

 

 

 

 

 

 

 

 

Table A - owner’s consent provided on form Table B — owner’s consent provided on form
in p We "1 ae

Owner's name/s CH S MARS, Owner's name/s

We, the above-mentioned owner/s of the land, consent O The owner's written consent is attached.

 

 

to the making of this request.

Signature/s y KAA _—

Date 26[3] tS”

an

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 2 of 4

 

Page 3

 

 

NOTES: For question 7

Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.

However, owner's consent is not required if the approval:

~  telates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or

- is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or

~ the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.

Also, owner's consent is not required if the Assessment Manager is satisfied that:

- the number of owners of the land make it impractical to obtain owners’ censent, and the requested change does not materially
affect the owners’ land; or

— having regard fo the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owners land.

 

 

 

 
  

8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?

SBNo

Nature of State owned resource:
Nature of Evidence required:

1 Evidence of allocation of / entitlement to, the resource | Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above

NOTES: For question 8

Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).

Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources. for which evidence .is.required to.be-given,-and.the.evidence-required, to-support-the-application—|

  
     

O Yes — complete below details

 

 

 

 

 

 

  

9. Declaration of applicant

[We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with Council. Should any of the details given in relation to this application be changed in the future, the
applicant shall advise Council in writing prior to any such change being implemented.

Signature/s — TTL sees [pate B6( Al AS
‘ xv

 

 

 

 

 

 

Page 3 of 4

Page 4

OFFICE USE ONLY

Application no. | Amount paid Date paid Receipt no. Initial Date stamp

30 ]3 S| LN Gy 1S,

 

 

 

 

 

 

 

 

 

Receiving Officer

 

 

 

 

 

Payment options

Inperson |9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council.
1 Cheque lo Money order | O Mastercard Io Visa

 

 

 

 

 

 

Page 4 of 4

Page 5

REQUEST TO CHANGE EXISTING APPROVAL
MCU 12/0012

Negotiated Decision Notice

Noosa Council Charles James Marais
PO Box 141 298 Tablelands Road
Tewantin 4565 Cooran 4569

With regard to the negotiated decision notice MCU12/0012, we wish to apply for the
removal of clause 16. Sunset Clause for completion of Approved Development.

The purpose of this clause was to assess any complaints made during the probation
period of operation of this business (Quad Bike Training for the purpose of
conducting an already approved tour business of the Woondum National Park.)

To date neither Council and/or ourselves have received a single complaint regarding
any aspect of our business. [f anything we now have the full support of several
previous incorrectly made submitters opposing our original application. Further we
now have the full consent of all direct neighbours to our property and along the route
of our tour, inclusive of National Park neighbours.

Having experienced an accident and some very minor incidents during the first few
months of operation, we revised our training, testing and safety procedure for guest to
partake in the tour. As a result we have not had a single accident or incident for over
14 months with over 900 guests during this time. Our operation for quad bike tours is
now considered to be the safest in both Australia and New Zealand.

Our permits from Queensland Police and the Department of National Parks have been
reviewed and approved for extended periods. See attached copies.

 

We also wish to note that close to 80% of our guests are from the greater Brisbane
region, visiting the Noosa area on a day or overnight trip for the sole purpose of
experiencing our unique safe and well reviewed experience offered by Noosa Quad
Bike Tours. Accordingly these guests inject on average an extra $150 each into the
local economy. An estimated total to date in excess of $150 000.00. This is a small
but significant benefit to the local economy. Our business also injects almost all
expenditure to other small business within the Noosa region. Some are advertising,
mechanical servicing, fuels, accounting and legal services.

We are now also ranked as the second most popular sight seeing tour operator on
“Tripadvisor” , for the Noosa area.

As such we trust council will now remove this probationary sunset clause and grant us
the material change of use we originally applied for.

Submitted with and forming part of our request to change existing approval.

Charles J Marais

Page 6

Aa,
Balt

PERIOD PERMIT

for Conditional Registered Vehicle a
Transport Operations (Road Use Management) Act 1995 “
and Regulations thereunder

 

Permit no.:

MARAIS . Charles James

(Surname) (Given name(s)) _

of 298 Tablelands Road Cooran QLD 4568
(Address)

whose signature appears hereon, is hereby permitted, subject to the conditions hereunder to:

Conduct organised commercial quad bike tours of the Woondum National Park on a designated
route namely Tablelands road Cooran between 298 Tablelands road Cooran and Traveston road
(Sunshine Coast Regional Council), and Traveston road to Hill road Cooran and Hill road Cooran
to Mothar Mountain Rock Pools (Woondum National Park).

Pérmit shall remain in force from 09/08/2014 to 08/08/2015 , unless sooner
suspended, surrendered or cancelled.

CONDITIONS

1. Vehicle must comply with conditions as stated in the Department of “Transport and Main Roads
Performance Guideline for LO6(A) Designated route permit for conditionally registered vebicles —
in Queensland.

 

2. Amend/delete condition (Insert Appropriate Condition Number) of the above stated Performance
Guideline which now reads as follows: :

 

3. Original or copy of permit issued to be carried by the driver of the unit and produced on request by
police officer or authorised officer. (A photocopy of the permit will be accepted as a true copy.)

4, Other Conditions:

(a) This permit is to be read as the designated route permit as required by condition LO6(A)
as per the "Guidelines for Conditionally Registered Vehicles in Queensland.

(b) Use of vehicles is restricted to the designated route only.

(c) The permit holder is responsible for the safe conduct of all activities and tours andi is to
ensure that a high standard of road safety is maintained whilst activities are being
conducted.

(d) Vehicles are restricted to use during daylight hours no earlier than 8:30am and no later
than 5:00pm each day.

(e) Riders must comply with the Traffic Operations (Road Use Management) Act 1995 and
Regulations for the entire route.

(f) Riders must comply with any and all conditions imposed by the Sunshine Coast Regional
Council when traversing Tablelands Road and any and all conditions imposed by the
Department of National Parks, Recreation, Sport and Racing, riders when traversing
Traveston Road and Hill Road.

(g) The permit holder must obtain and hold an appropriate public liability insurance for the
duration of this permit and confirm the Queensland Police Service is named as an
indemnified party on the public liability insurance for this activity.

 

PT 30B Period Permit for Conditional Registered Vehicle - : . Page 1 of 3

Page 7

“(h) The issue of this permit does not in any way abrogate the responsibility of the applicant
to obtain all relevant permits or authorities from any other relevant authority (e.g use of
local council or Dept of National Parks, Recreation Sport and Racing controlled roads)
prior to any use of the relevant sections of the route.

(i) The permit holder is to develop a detailed Risk Management Plan outlining all the
percieved risks and the proposed actions to be taken to mitigate those risks.

(j) The permit holder or their nominee shall ensure that the activity is suspended or
cancelled if for any reason there is a danger to participants, other motorists or users of
the designated route (e.g vehicle defect, heavy rain, unsafe track conditions etc).

(k) All riders taking part in the activity are to keep as far to the left of the roadway as is
practicable at all times.

(1) At all times riders must travel in a single file with a safe distance between each rider
having regard to the speed of the vehicles, dust, visibility and road conditions generally.

(m)If the permit holder is not personally present at any stage of the activity/tour, another
appropriately qualified responsible person is to be appointed by the permit holder to be
responsible for the safe conduct of the activity.

(a) All quad bikes/ATYV's must have current conditional registration by the Queensland
. Department of Transport and Main Roads.

(0) All quad bikes/ATV's must undergo a mechanical safety inspection every twelve months
by an authorised mechanic and hold a current safety certificate.

(p) All riders must hold (as a minimum) a current QLD Open drivers license for class C
motor vehicles or an interstate or international equivalent.

(q) Participants are to successfully complete a thorough briefing and rider competency
assessment prior to commencing the activity (tour).

(x) All riders must wear an approved motorcycle helmet that complies with Australian
Standard 1698 (full or open face).

(s) All riders must wear high visibility vests, footwear and safety gear.

(t) No pillion passengers are to be carried on quad bikes.

(u) Quad bikes must be mechanically governed by an authorised mechanic to a maximum
speed-of-30-km/hr:

 

(v) All vehicles are to be fitted with indicators at the front and rear of the vehicle, rear
vision mirrors and a high visibility flag on an extended pole.

(w) All ATV's and quad bikes must be fitted with operating brake lights to the rear.

(x) Tours are to be conducted in groups of a maximum of 6 guests and 2 qualified and
accredited escorting guides when traversing Tablelands road, one positioned at the front
and one at the rear of the group. When traversing Traveston and Hill reads, the tour
may be conducted with a maximum of 10 guests and 2 escort riders (front and rear).

_ (y) The entry and egress onto and from Tablelands road by participants is to be supervised
and controlled by designated escort guides ensuring "Give way" provisions are
complied with.

(z) Tour guide escort vehicles shall be fitted with an operational two way radio, so as to
allow escort vehicles and all participants to maintain communication.

(aa) Tour guides shall wear high visibility vests identifying them as such.

(bb) Escort vehicles are to carry mobile telephones with sufficient coverage for the
duration of the tour.

(ce) When approached from the front or rear by any motor vehicle or ridden horses, the
quad bikes/ATYV's are to pull to the left as far as practicable, stop and remain stopped to
allow the motor vehicle or horse to pass.

(dd) The lead escort vehicle is to be fitted with a a rotating or flashing safety beacon to the
front and the tailing escort vehicle to be fitted with with a rotating or flashing safety
beacon to the rear. These beacons are to be illumiunated whilst traversing the route.

(ee) The permit holder shall ensure that basic first aid supplies are carried and available
during the activity.

Page 8

(ff) A copy of this permit is to be carried by the permit holder or by his nominated delegate,
and is to be produced immediately upon demand to any police officer or other
authorised officer.

(gg) This Permit may be cancelled or the conditions altered by a Superintendant of
Traffic or by a Commissioned Police Officer in the event of any unacceptable risk being
identified which can or may have a detrimental impact on the safety of the participants
or the general public. .

(hh)

‘This permit does not exempt the holder thereof from obtaining any Permit or other authority under
and/or otherwise complying with the provisions of any other law.

 

 

 

Issued at: Pomona Police Station - Date: 15/08/2013
Charles James MARAIS Set D.J.McNAMARA 4006088
jame) (Name) ,

 

(NA Ses

 

 

 

(Signathre of Licensee) . (Signature Of Superintendent of Traffic)

 

Page 9

 

Permit’

. This permit is Issued under the following legislation:
Ct $10 Nature Conservation (Administration) Regulation 2006
(_] 834 Recreation Areas Management Act 2006
(C1 86 Forestry Act 1959

Commercial Activity Permit

 

Permit number: — 1vp503711615

 

 

Valid from: 01-APR-2015 to 31-MAR-2018
Parties to the Permit
Role Name Address
Principal Holder Marais, Charles James (t/a Noosa| 298 Tablelands Road
Professional Trade Services) COORAN QLD 4569
29971552409
Person In Charge Mr Charles James Marais 298 Tablelands Rd
COORAN QLD 4569

 

 

 

 

 

 

Permitted Location Activity Details

 

 

 

 

 

 

Location (s) Capacity Activity (s)
Estate: Woondum National Park 10 people + 3 staff, max 2 Motor Vehicle Use (Quad/Trike riding)
times per day

 

Conditions of Approval

General Permit Conditions

Agency Interest: General

PGi INSURANCE
(a) For the Term of this Permit, the Principal Holder must take out and maintain the

following insurances -

(i) insurance under the Workers Compensation and Rehabilitation Act
2003 or its equivatent with the consent of the Chief Executive to
cover workers, eligible persons, self employed contractors, directors,
{rustees and partners;_and.

(ii) a public liability insurance policy for not less than $20 million arising
from any one event in respect of the death of, or injury to persons, or

1 Permit includes licences, approvals, permits, aulhorisations, certificates, sanctions or equivalent/similar as required by tegistation.

 

 
  
  
  
  
 

Page 1 of 5 21121013

 

go) Queensland
Government

LAA

Department of Nattonal Parks, Recrealion, Sport and Racing
Ww.nprsr.qgld.gov.all ABN 11322 391 452

 

 

Page 10

PG2

PG3

Commercial Activity Permit
TVP503711615

loss or damage to properly; and
{ii} any other insurances as reasonably required by the Chief Executive.

(b) The Principal Holder must ensure that the insurance policies required under
these ‘Insurance’, clauses are with -
(i) an Appropriate Insurer; or
(li) if the Principal Holder is globally insured, another insurer with the
written approval of the Chief Executive.

(c) The Principal Holder must ensure that the insurance policies that it has
effected to cover the insurable interests pursuant to these ‘Insurance’ clauses
cover all invitees, employees, contractors, agents, members or clients of the
Principal Holder and names the State as an interested party.

(d) Before undertaking any activities on the Relevant Area, the Principal Holder
must have in place all insurances required by these ‘Insurance’ clauses,

(e) In any circumstance where the insurances required under this permit are
cancelled, altered or expire before the expiry date of this permit, the Principal Holder
must cease all activities on the Relevant Area until such time as alternative insurance
policies that comply with the requirements of these 'Insurance' clauses have been obtained.

(f) The Principal Holder must provide copies of certificates of currency for the
insurances required under these ‘Insurance’ clauses if requested by the Chief
Executive, acting reasonably.

(g) If the Principal Holder is an individual or sole trader, then these ‘Insurance’
clauses are satisfied if the Principal Holder maintains-
(i)-personal-accident.insurance.covering.all.madical.treatment,-hospitalisation

and medica! expenses; and
(ii) income protection insurance; and
(ili) death and disability insurance;
equivalent to the coverage and entitlements provided to employees under the
fou” provisions of the Workers Compensation and Rehabilitation Act 2003

(h) Where the Principal Holder -
(i) is a Commonwealth, State or Territory government department, agency or
statutory body; and
(ii) is a self-insurer; and
(il) has provided the Chief Executive with a certificate from an appropriately authorised
officer to that effect.
the Principal Holder is deemed to have complied with these ‘Insurance’ clauses.

If the Principal Holder breaches its obligations under these ‘Insurance’ clauses
the Chief Executive may immediately terminate this permit by written notice to
the Principal Holder. .

INDEMNITY

{a) The Principal Holder -
(i)_indernnifies; and__ - ae —
(ii) releases and discharges

the State (including its Representatives) from and against all actions, proceedings, claims,

 

Page 2 of 5 2L121013 Department of National Parks, Recreation, Sport and Racing

 

Page 11

Commercial Activity Permit
TVP503711615

demands, costs, losses, damages, liability and expenses which may be brought against, or made
upon the State or which the State may pay, sustain, or be put to by reason of, or in consequence
of, or in connection with this permit and the occupation and use of the Relevant Area by the
Principal Holder, except to the extent of any negligent act of the State.

(b) The Principal Holder must notify the Chief Executive in writing of any death, injury, loss or
damage immediately upon the Principal Holder becoming aware of such death, injury, loss or
damage.

(c) If the Principat Holder breaches its obligations under these ‘Indemnity’ clauses the Chief
Executive may give notice to the Principal Holder stating the breach and if the breach is not
remedied in accordance with the timeframe set out in that notice, the Chief Executive may
immediately terminate this permit by written notice to the Principal Holder.

PG4 NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSS
The State and its Representatives will not in any circumstances (including for negligence) be liable
for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity
(including opportunity to enter into or complete arrangements with third parties), loss of data or
goodwill, loss of reputation, or any indirect or consequential loss, whether arising in contract, tort
{including negligence) or otherwise, in connection with this permit.

PG5 NO WARRANTY AND RISK
(a) The Chief Executive does not warrant that the Relevant Area is free from defect or that it is
Sale; fit, stltable or adequate for tie Approved Activities. To the Tull extent permitted by law, all
warranties as to fitness, suitability and adequacy implied by law are expressly negatived.
(b) The Principal Holder uses the Relevant Area entirely at its own risk and must first check the
Relevant Area to ensure that it is suitable for the Approved Activities under this permit before
undertaking any Approved Activities.

PG6 The Principal Holder must notify the permit issuing office, in writing within seven (7) days of:

a) any changes to the nominee/permittee details; or
b) the cessation of operation to which this permit relates,

Agency Interest: Biodiversity

PBI This permit is subject to an annual review from the date of issue and accordingly the Chief
Executive may change the terms of this permit at the time of review with consultation with the
Principat Holder.

Conditions for: Motor Vehicle Use (Quad/Trike riding)

 

~~ Agency Interest: Biodiversity
A1B1 Tours must not be conducted on the following Public Holidays - Christmas Day, Boxing Day,

 

Page 30f5 2421013 Department of National Parks, Recreation, Sport and Racing

 

Page 12

Commercial Activity Permit

 

TVP503711615
Australia Day, Good Friday or Easter Sunday.
A1B2 Tours are nat permitted on any other National Park roads or tracks other than the roads/tracks
approved in this permit.
A1B3 All quad bikes must be conditionally registered and riders must be authorised to operate the bike/s

as per the ‘Conditional registration scheme for off-road trail and quad bikes' specified by the
Department of Transport and Main Roads.

A1B4 Quad bikes must be mechanically governed by an authorised mechanic to a maximum speed of

A1B5 Quad bikes must be bright in colour and have a bright flag attached to an extended pole.

A1B6 All clients must undertake a thorough briefing and a compentency assessment prior to departing
on the tour.

A1B7 The Principat Holder must provide NPRSR (via email: [email protected])
with a hard copy of the information to be presented in the safety and conservation briefing.

A1B8 All riders must wear helmets, footwear and safety gear.

A1B9 Quads must be ridden in a safe manner, ‘Pillion' or ‘Doubling’ of passengers is not permitted.

A1B10 Tours must not be conducted on the National Park roads if 25mm or more of rainfall has fallen

during the 24 hour period prior to the commencement of the activity.

A1B11 in the event of an unforeseen incident of a serious nature, the Principal Holder must contact
Emergency Services on Ph: 000.

 

A1B12 This permit is restricted to-conducting the approved activity of quad bike tours within Woondum [
National Park only.
A1B13 Tours to be conducted during daylight hours only. Tours must not commence before 8:30am on

any day.

Conditions for: Woondum National Park

Agency Interest: Biodiversity

LiBt Tours must remain on Tablelands Road and Hill Road. This permission does not apply to
Tablelands Road Lookout or roads outside the national park area. Permission to use these areas
must be obtained from the relevant land holder for the area.

L1B2 In the event of other incidents of concern occuring whilst conducting approved activities, please
contact the Ranger-In-Charge on Ph: (07) 5482 2096.

 

Page 4 of § 21421013 Department af National Parks, Recreation, Sport and Racing

 

Page 13

Commercial Activity Permit
TVP503711615

Saree

Sue Gregory
Delegate
Department of National Parks, Recreation, Sport and Racing

aly Felwran O15

 

 

 

Page 5 of 5 21121013 Department of National Parks, Recreation, Sport and Racing

 

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