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08/0252 - Referral Agency Response - DPI&F [As Published] · 142008.252

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                                                                                    Queensland


                                                                                      Department of
                                                                                      Primary Industries and Fisheries

Our reference: DEC 140/956 P7
Your reference: 2008/252


16 June 2008

Mr Neil Blarney
Senior Planning Officer
Sunshine Coast Regional Council (Noosa Council)
Locked Bag 72
Sunshine Coast Mail Centre, QId 4560

Dear Mr Blarney

Concurrence agency response - application for disturbance of marine plants
associated with the installation of a pontoon - adjacent to I Serenity Close,
Noosa Heads described as Lot 603 on SP188270

I refer to a development application received by the Department of Primary Industries
and Fisheries (DPI&F) on 26 May 2008 from CBD Settlers Cove Pty Ltd c/- The Jetty
Specialist. The application is for marine plant disturbance associated with a proposal
to install a fixed catwalk, hinged catwalk and pontoon within the Noosa River
adjacent to Lot 603 on plan SP188270, 1 Serenity Close, Noosa Heads.

DPI&F, acting as a concurrence agency under the Integrated Planning Act 1997, has
assessed this application. The attached concurrence agency response and
conditions provide the Departmental response.

If you require any further information regarding this matter please do not hesitate to
contact Richard Marsh on telephone 07 3817 9554.

Yours sincerely



Dan ayer
Manager
Planning and Assessment (South)
Fisheries and Aquaculture Industry Development

Attlenc

CC        Mr Greg Bowness, District Officer, QId Boating and Fisheries Patrol, PO Box 20,
          Tewantin QId 4565
          Mrs Tricia Hooper, Applications Officer, The Jetty Specialist, 2 Industrial Avenue,
          Caloundra QId 4551


                                                                                    Southern Fisheries Centre
Profitable primary                                                                  13 Beach Road Deception Bay
industries for Queensland                                                           PO Box 76 Deception Bay
                                                                                    Queensland 4508 Australia
                                                                                    Call Centre 13 25 23
Maximise the economic                                                               Website www.dpi.gld.gov.au
potential of Queensland
                                                                                    ABN 78 342 684 030
primary industries on a
sustainable basis
Full text of the other 7 pages

Page 2

                                                                                                    Queensland
                                                                                                    Government

                                                                                                      Department of
                                                                                                      Primary Industries and Fisheries

        DEPARTMENT OF PRIMARY INDUSTRIES AND FISHERIES
                         CONDITIONS
     Applicant(s)/Address:             CBD Settlers Cove Pty Ltd of C/- The Jetty Specialist, 2 Industrial
                                       Avenue, CALOUNDRA, QLD 4551

     Purpose:                          Operational works that is the removal, destruction or damage of marine
                                       plants
     DPI&F Reference:                  2008DBO183
     File Number:                      DEC/140/956 (P7)


Department of Primary Industries and Fisheries has assessed the above development application
against the purpose of the Fisheries Act 1994.

It has been determined that the approval should be a Development Permit to which the following
conditions apply:

 1      Works authorised under this approval is limited by the following:
        Proposal Details:             Disturbance of marine plants (mangrove ferns and rushes) within an approximate
                                      area of 10.35 square metres for the installation of a 4.5 metre long by 2.3 metre wide
                                      fixed catwalk, 14.0 metre long by 1.8 metre wide hinged catwalk and 8.0 metre long
                                      by 3.5 metre wide pontoon.

        Location:                     Within the Noosa River adjacent to the Lot 603 SP188270 as shown on submitted
                                      plan No. JSP-CP-492 issue-H, dated 23 May 2008.

        Address:                      1 Serenity Close, Noosa Heads, OLD 4567



 2      Written notice of the date of commencement of fisheries development works must be provided
        to the District Officer, Queensland Boating and Fisheries Patrol, PO Box 20, Tewantin Qld
        4565, Fax. No. 07 5449 7276 and the Manager, Planning and Assessment (South) Fisheries
        and Aquaculture Industry Development, Department of Primary Industries and Fisheries, PO
        Box 76, Deception Bay Qld 4508, Fax. No. 07 3817 9522, at least five (5) business days but no
        greater than twenty (20) business days prior to the commencement of fisheries development
        works.
 3      A written report which details the completed fisheries development works must be provided
        within fifteen (15) days of the completion of the works, to the District Officer, Queensland
        Boating and Fisheries Patrol, PO Box 20, Tewantin QLD 4557, Fax No. 07 5449 7276 and the
        Manager, Planning and Assessment (South) Fisheries and Aquaculture Industry Development,
        Department of Primary Industries and Fisheries, PO Box 76, Deception Bay QLD 4508, Fax
        No. 07 3817 9522




Profitable primary
industries for Queensland
                                                                                                         Delegate of the
                                                                                                         Chief Executive
Maximise the economic
potential of Queensland
primary industries on a                                                                                  Date
sustainable basis
Department of Primary Industries and Fisheries                                                                          Page 1 of 2

Page 3

4     At least two (2) signs must be displayed around the development works site, including one at
      the main entrance to the property and one facing the river, in positions where the signs are
      clearly visible to the public, for at least five (5) business days prior to the commencement,
      during and for 5 business days after all fisheries development works. Signs are to be removed
      5 business days after the completion of the works. Each sign must state: "Operational works
      that is the removal, destruction or damage of marine plants authorised under Development
      Approval Conditions" and quoting 2008DB0183, Queensland Boating and Fisheries Patrol tel
      07 5449 7555.
5      The boundaries of the approved fisheries development works area must be adequately marked
       (e.g. with corner pegs) to allow for ease of identification.
6      Marine plants authorised for removal and/or other material used in the development (e.g.
       debris, construction material, soil, etc.) are to be removed from the intertidal zone, unless the
       material is to be used in a restoration project accepted by chief executive of the Department of
       Primary Industries and Fisheries.
7      For the purposes of section 145 (c) (ii) of the Fisheries Act 1994 the place where works will
       take place is a place required to be open for inspection.


Basis for inclusion of conditions:

          The Department of Primary Industries and Fisheries must assess the development
          application against the purposes of the Fisheries Act 1994. This application can only comply
          with those purposes, including promoting ecological sustainable development, if compliance
          with the abovementioned conditions is achieved.




                                                                                      Delegate of the
                                                                                      Chief Executive


                                                                                      Date.

Department of Primary Industries and Fisheries                                                   Page 2 of 2

Page 4

                                                                                Queensland
                                                                                Government

                                                                                  Department of
                                                                                  Primary Industries and Fisheries

                        CONCURRENCE AGENCY RESPONSE
   This response is issued by the Department of Primary Industries and Fisheries
   pursuant to sections 3.3.16 and 3.3.18 of the Integrated Planning Act 1997.

   Development Application details:

      Applicant's name:                  CBD Settlers Cove Pty Ltd.

      Applicant's address:               c/- The Jetty Specialist
                                         2 Industrial Avenue
                                         Caloundra Qld 4551.
       Proposed development:             Operational work that is the removal, destruction or
                                         damage of a marine plants.
       Description of the land:          Lot on Plan:          Lot 603 on SP188270

                                         Street address:       1 Serenity Close
                                                               Noosa Heads 4567

       DPI&F reference number:           2008DBO183
       File number:                      DEC140/956 (P7)


   1. Response to development application
   The Department of Primary Industries and Fisheries, acting as a concurrence agency
   under the Integrated Planning Act 1997, has assessed the above development
   application against the purposes of the Fisheries Act 1994. It has been determined
   that the approval should be a development permit to which conditions must apply.

   2. Conditions
   Conditions imposed by the Department of Primary Industries and Fisheries are listed
   in the 'DPI&F conditions' attached.




 a Profitable primary
'in industries for Queensland
                                                                                  Delegate of the
                                                                                 Chief Executive
   Maximise the economic
   potential of Queensland                                             Date: ...i..4: ..I Gx' /...f.
   primary industries on a                                                                 Page 1 of 2
   sustainable basis

Page 5

3. Approved plans
The approved plans for this development approval are listed in the following table
  Project             Project             Title          Plan No.                      Dated
Consultants
Cardno (Qld)        Proposed          Site Plan &       JSP-CP-492                23/05/08
Pty Ltd             Pontoon &         Layout            Issue H
                    Catwalk for
                    Settlers Cove
                    Development


4. Relevant period:
No recommendation is offered in relation to the relevant period for this development
approval.

5. Additional advice to the proponent
Native Title
Native Title notification, if relevant, is the responsibility of the assessment manager.

Cultural Heritage
Under the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity
must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage (the "cultural heritage duty of care"). An assessment
of your proposed activity against the duty of care guidelines will help you determine
whether or to what extent Aboriginal cultural heritage may be harmed by your activity.
If following an assessment of the duty of care guidelines you believe cultural heritage
may be harmed by your proposed activity, you should contact the Cultural Heritage
Coordination Unit for further advice on (07) 3238 3838. Further information on
cultural heritage and a copy of the duty of care guidelines and cultural heritage
search forms can be obtained from www.nrm.gld.gov.au.

Acid Sulfate Soil
Any soil disturbance resulting from development works should be managed to
prevent acid sulfate soil development as outlined in the current version of the Qld
Acid Sulfate Soils Technical Manual Soil Management Guidelines. To obtain a copy
of this document or for further information on acid sulfate soils, please contact
Queensland Acid Sulfate Soils Investigation Team (QASSIT) on 3896 9819 or access
the website www.nrm.gld.gov.au .




                                                                                   Delegate of the
                                                                                   Chief Executive

                                                                     Date; .....F:l....^-.   ^.1{.........
                                                                                                Page 2 of 2

Page 6

                                                                                                    EXISTING TREES & VEGETATION
                                                                                                    TO REMAIN UNDISTURBED


                                                                                                                             SETOUT POINf 1
                                                                                                                         BOUNDARY POINT) 24
                                                                                                                                  SP188, 7




                                                          THE MARINA SPECIALIST                                                                                                            C ENN :   NOOSAA COUNCIL               ME:     SITE PLAN & LAYOUT
                                                  TRADNG AS   ACN 010633119   2 INDUSTRIAL AVE                                Carc;no                            ACN: 051 074 992              T          ,            /
                                                                                                                                                                                           ^^ ^I j 'b'S a- (^ ' e vc1 opvv^GYI
6 2/10 0' PROPERTY DETAILS UPDATED         G                                                                                    Cardno (Old) Pf1 Ltd
5                                                  THE                        CALOLNORA                                                                      Ph (07) 3369 9822
   7/4 /O7 ENGINEER CHANGED TO CARDNO      F
                                                                              QLD. AUSTRALIA 4551
                                                                                                                                                                                                 NlnngA                  I
4 19 5 05 BOUNDARIES CHANGED TO ORIGINAL   E                                                            Level 1, 5 Gardner Close, Milton 4064                Fox (07) 3369 9722                                                  SCALE:          DATE            DRAWING NO:
3   6 03   BOUNDARIES AMENDED              D                                                            P.O. Box 388, Toowonq 4066.                          Email: [email protected]   PROJECT: PROPOSED PONTOON & CATWALK S SHOWN © A
2 13/ 03 PONTOON MOVED, SITE ALTERED       C                                  PHONE (07)5492 5925                                                                                                                                                    20/8/01      JSP-CP-492
                                                                              FAX (07) 5492 6699                                                  R.P.E.Q.             DATE                                                                      DIMENSIONS      ISSUE
                                                                                                                                                                                                  FOR SETTLERS COVE DEVELOPMENT DRAWN BY:
 0 DATE                 AMENDMENT          ISSU                                                     J                                            11667                 (-//• 07                                                   M ARROWSMITH     MILLIMETERS

Page 7

Mr Neil Blarney
Senior Planning Officer
Sunshine Coast Regional Council (Noosa Council)
Locked Bag 72
Sunshine Coast Mail Centre Qld 4560

Page 8

Department of Primary Industries and Fisheries


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