queensland natural resources and water s d...phillip hawes link water projects-toowoomba pipeline...

Author: Amalia Dan Our reference: 2008/008332 Your reference: 521897 Unit: Vegetation Management Unit Phone: 07 5480 5333

20 January 2009

Phillip Hawes Link Water Projects- Toowoomba Pipeline Level 4 - 348 Edward Street Brisbane Qld 4000

[email protected]

Dear Mr Hawes

Queensland Government Natural Resources and Water

Application to clear native vegetation- Toowoomba Pipeline- Decision Notice

The Department of Natural Resources and Water acting in the role of assessment manager has completed the assessment of the above application against the Regional Vegetation Management Code- Southeast Queensland.

Please find enclosed the Decision Notice for the application including a statement on the right to appeal the decision under the Integrated Planning Act 1997. Please note that this Decision Notice will be available for public scrutiny and purchase from the Department as per the requirements of the Integrated Planning Act, section 5.7.4. Additional copies of the Decision Notice and Development Permit Plan may be purchased at any Department of Natural Resources and Water Customer Service Centre.

Please note that the area of vegetation approved to be cleared under the Development Permit may be different to the area applied for. Any clearing of native vegetation under a Development Permit is only authorised to the extent that it complies with the Decision Notice and any associated conditions.

Please refer to Appendix 1 for the list of lot/plan numbers and segment/parcel numbers that are the subject of this application.

If you wish to discuss this matter further, please contact Michael Watson on telephone number 07 5480 5333 quoting the above reference number.

Yours sincerely

~¥Jl Amalia Dan Administration Officer

NRW Gympie 27 O'Connell Street LMB 383 Gympie Old 4570 Telephone 07 5480 5333 Facsimile 07 5480 5301 Website www.nrm.qld.gov.au

ABN 83 705 537 586

RTI Document No. 1

RTI R

ELEA

SE -

DSDIP

Department of Natural Resources and Water (NRW) Vegetation clearing application decision notice- approval Given under Section 3.5.15 of the Integrated Planning Act 1997 (Qid)

1. Application details 1.1 Applicant's name

Toowoomba Pipeline Alliance

1.2 Property description Multiple lots and road reserves-see ScheduleD

1.3 Land tenure Multiple tenures-road reserve, freehold, unallocated state land and reserve

1.4 Development type Operational work that is the clearing of native vegetation for the purpose of clearing required for a significant project under the State Development and Public Works Organisation Act 1971, section 26- Section 22A (2) (a) of the Vegetation Management Act 1999 (Qld)

1.5 Date received 15 September 2008

1.6 Date properly made 16 January 2009

1.7 References Decision- 2008/008332 RecFind- GYV/001482 Trackjob- IM0109GYM0001

2. Decision information 2.1 Decision made

The application is approved in full subject to the conditions in section 2.4.

2.2 Type of development approval granted Development permit

2.3 Development Permit Plan A development permit plan, which has the reference "DPP2008/008332" is attached to, and forms part of, this development permit.

The development permit plan illustrates the geographic location and extent of land to which this development permit applies. The development permit plan consists of seven sheets and must be printed on A3 paper.

The development permit plan must be read in conjunction with the conditions in section 2.4.

Page I of 18

RTI Document No. 2

RTI R

ELEA

SE -

DSDIP

NRW- Decision notice 2008/008332

2.4 Assessment manager conditions This approval is subject to the following assessment manager conditions:

2.4.1 A vegetation offset that meets the requirements of the Policy for Vegetation Management 0./ftets, 28 September 2007 must be secured within 12 months of the date of this decision notice in accordance with that identified in the Letter of Obligation associated with this project, dated 23 December 2008, provided by The Department of Infrastructure and Planning.

2.4.2 This permit authorises the clearing of native vegetation within the areas shown as "Permit A- Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332".

2.4.3 This permit does not authorise any clearing of native vegetation that is not shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332".

2.4.4 Clearing under this development permit is only approved if it occurs prior to 20 January 2014 and no approval will exist after that date to clear native vegetation within the area shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332".

2.4.5 The permittee shall ensure that any and all employees, contractors, subcontractors, agents or any other person engaged or employed to carry out the clearing of any vegetation under this permit comply at all times with the requirements of this permit and do not clear any vegetation that is not approved to be cleared under this permit.

2.4.6 Where contractors, employees, subcontractors, agents or any other person, that is not the applicant or the permittee, are to be engaged or employed to carry out the clearing of any vegetation under this permit, the permittee is to provide them with a copy of this permit, including the attached development permit plan that has the reference "DPP 2008/008332" and ensure that they are aware of what clearing is authorised by this permit.

2.4.7 Where possible, the clearing width within the area shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332" must be minimised to the extent necessary for construction and maintenance.

2.4.8 Clearing of vegetation must be progressively staged.

Page 2 of 18

RTI Document No. 3

RTI R

ELEA

SE -

DSDIP

NR W- Decision notice 2008/008332

2.4.9 Clearing and management of native vegetation within the are shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332", must be in accordance with section 5.5 of the Environmental Management Plan, Construction- Linkwater Projects- 2 October 2008- 08165-QM-TPL-GE-0003.

2.4.1 0 All measures to mitigate soil erosion and sediment movement resulting from the clearing of native vegetation within the are shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332", must be in accordance with Section 5.1 of the Environmental Management Plan, Construction- Linkwater Projects- 2 October 2008- 08165-QM-TPL-GE-0003.

2.4.11 Sediment and erosion control measures must be in place and working effectively prior to, during, and after the approved clearing has taken place.

2.4.12 All measures to manage weed species within the are shown as "Permit A - Area Approved to be Cleared" on the attached development permit plan that has the reference "DPP 2008/008332", must be in accordance with Section 5.6 of the Environmental Management Plan, Construction- Linkwater Projects- 2 October 2008- 08165-QM-TPL-GE-0003.

2.4.13 Only designated access tracks must be used when entering and exiting areas shown as "Permit A- Area approved to be cleared" on the attached development permit plan that has the reference "DPP 2008/008332".

2.4.14 Areas shown as "Permit A- Area approved to be cleared" on the attached development permit plan that has the reference "DPP 2008/008332" must be rehabilitated in accordance with that specified in Section 3.3.8 of the Environmental Assessment Report, Linkwater Projects, Toowoomba Pipeline- November 2008- 08165-HSEDOC-EN-0001.

2.4.15 Any revegetation must occur at densities and with species consistent with existing vegetation.

2.5 Date of decision 20 January 2009

2.6 Reasons

Page 3 ofl8

RTI Document No. 4

RTI R

ELEA

SE -

DSDIP


A statement of reasons that details the reasons for the application of conditions to this development approval is provided-see Schedule AStatement of reasons.

2.7 Definitions Underlined terms have been defined-see Schedule B- Glossary.

3. Additional Information 3.1 Other legislation

This development permit does not authorise the clearing of any vegetation that would constitute a contravention of other laws, including, but not limited to, the:

• Coastal Protection and Management Act 1995 • Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander

Cultural Heritage Act 2003 • Environmental Protection Act 1994, which regulates environmentally

relevant activities • Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), regarding the protection of listed threatened species and ecological communities

• Fisheries Act 1994, regarding the management of marine plants including mangroves

• Local laws established by local government under the Local Government Act 1993

• Nature Conservation Act 1992, regarding the management of protected plants and animals

• Queensland Heritage Act 1992, which regulates the management of heritage sites

• Soil Conservation Act 1986 • Water Act 2000 regarding the removal of vegetation from the bed and

banks of a watercourse.

It is recommended that you check with relevant authorities including the local government before undertaking any clearing to ensure compliance with other laws.

3.2 State owned commercial timber It is recommended that you contact NRW- Forest Products if you intend to clear on State owned land, in regard to the salvage of any State owned commercial timber. Contact details for NR W - F ores! Products are:

• Mr Dennis Rolfe NRW Forest Products POBox 1339 Gympie Qld 4570 Telephone- 07 5482 0846

Pagc4ofl8

RTI Document No. 5

RTI R

ELEA

SE -

DSDIP


3.3 Aboriginal cultural heritage advice Under Section 23 of the Aboriginal Cultural Heritage Act 2003 (Qld), a person who carries out an activity must take all reasonable and practicable measures to ensure that the activity does not harm Aboriginal cultural heritage (the 'cultural heritage duty of care'). Maximum penalties for breaching the cultural heritage duty of care are $750 000 for a corporation and $75 000 for an individual.

Applicants will comply with the cultural heritage duty of care in relation to Aboriginal cultural heritage if they are acting in compliance with the cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003 (Qld), available on the NRW website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003 (Qld).

Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the NRW Cultural Heritage Coordination Unit. Application forms to undertake a free search of this database and register may be obtained by contacting the Cultural Heritage Coordination Unit on 07 3238 3838 or on the NRW website at <www.nrw.qld.gov.aulcultural_heritage>.

4. Appeal rights 4.1 Refusal on grounds of code assessment

Under the Vegetation Management Act 1999 (Qld) (VMA), an applicant may appeal the refusal or partial refusal of a Vegetation Clearing application on the grounds that the application did not meet the performance requirements of the relevant assessment code. This appeal may only be made to the Planning and Environment Court.

However, no appeal may be made to the Planning and Environment Court unless the applicant has first made representations about the matter to the assessment manager, in accordance with the provisions of section 22C (3) of theVMA.

Representations are made by writing to the assessment manager stating the grounds for seeking a review of the original decision. These representations must be received during the applicant's appeal period.

For Vegetation Clearing applications, the appeal period is 20 business days after the applicant is given a decision notice. This appeal period can also be suspended for up to 20 days to allow more time to make the representations. To suspend the appeal period, the applicant must give the assessment manager a written notice before the appeal period expires.

Applicants who may wish to appeal a decision to the Planning and Environment Court should obtain the guide to making appeals from NR W.

Page 5 of 18

RTI Document No. 6

RTI R

ELEA

SE -

DSDIP

NR W -Decision notice 2008/008332

The applicable provisions of the Integrated Planning Act 1997 (Qld) and the VMA are attached to this permit-see Schedule C- Applicable appeal provisions.

5. Delegated officer signature

Mr Michael Watson A/Senior Vegetation Management Officer - VMl Sonth East Region, NRW

20 January 2009

Schedule A- Statement of reasons Schedule B- Glossary Schedule C- Applicable appeal provisions

Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5

ScheduleD- Land impacted by this development approval Development Permit Plan- "DPP 20081008332"

Page 6 of 18

RTI Document No. 7

RTI R

ELEA

SE -

DSDIP


Schedule A- Statement of reasons This statement of reasons details the reasons for the application of conditions to the development approval.

The application has been assessed against PartS of the Regional Vegetation Management Code for Southeast Queensland Bioregion- 20 November 2006 (Code).

The Code- Performance requirement (PR) S.1 Evidence and fmdings

• The applicant has proposed route for the Toowoomba Pipeline Project (TPP). This incorporates a pipeline from Wivenhoe Dam to Cressbrook Dam.

• The TPP was declared as a Significant Project, consistent with Section 26 of the State Development and Public Work Organisation Act 1971 (SDPWOA) on 21 November 2008 by the Coordinator-General, Mr Collin David Jensen. This is identified in the Queensland Government Gazette, Vol 349 -No 82.

• The clearing applied for in this application is associated with and necessary for the implementation of TPP as a Significant Project.

• Subsequently, the clearing proposal is considered a relevant purpose under section 22A(2)(a) of the Vegetation Management Act 1999 (VMA) as satisfies the Performance Requirement.

The Code- Performance requirement (PR) S.3 Evidence and findings

• Land resource data indicates that clearing of assessable vegetation will occur in and within the distances specified in the acceptable solution of the relevant stream orders of various watercourses.

• The assessable vegetation proposed to be cleared associated with watercourses is as follows:

Remnant endangered regional ecosystem (RE) 12.3.3 Remnant of concern RE 12.11.8 Remnant of concern RE 12.9-10.7 Remnant not of concern RE I 2.11.11 Remnant not of concern RE 12.11.6 Remnant not of concern RE 12.3.7 Remnant not of concern RE 12.9-10.2 Non-renmant (12.3.7 on the pre-clear map)

- Non-renmant (12.3.3 on the pre-clear map) Non-remnant (12.1 1.8 on the pre-clear map)

- Non-remnant (12.9-10.2 on the pre-clear map) Non-remnant (12.11.6 on the pre-clear map)

• The applicant has proposed measures and techniques for mitigating soil erosion that will result from the clearing of assessable vegetation. These measures include a Soil and Water Management Plan for the project, from which more specific Erosion and Sediment Control Plans will be based.

• The applicant has also proposed active revegetation and rehabilitation of the areas to be cleared, where possible.

• The applicant has also proposed an offset in accordance with the current offset policy for the proposed clearing of assessable vegetation associated with

Page 7 of 18

RTI Document No. 8

RTI R

ELEA

SE -

DSDIP

NRW ~Decision notice 2008/008332

watercourses. This will allow the current extent of assessable vegetation associated with watercourses to be maintained.

• Due to the application of reasonable and relevant conditions, the application achieves the PR.

The Code- Performance requirement (PR) 5.4 Evidence and findings

• The proposed clearing is greater than 2 hectares. • The proposed clearing is to occur where the width of remnant vegetation is less

than I 00 metres. • The applicant has proposed measures and techniques for ensuring that the

proposed clearing of assessable vegetation is mitigated to that which is necessary and potential rehabilitation of affected sites occurs.

• The applicant has also proposed that the clearing of assessable vegetation and location of the pipeline is limited to a predominantly cleared.

• The RE mapping and imagery has identified that if limited to that proposed and partly revegetated, the particular remnant vegetation both cleared and retained as a result of the proposed clearing , will be of sufficient size and configured in a way to: - Maintain particular ecosystem functioning - Remain in the landscape in spite of any threatening process

• Where vegetation is currently viably connected to properties and adjacent properties affected by the application, the RE mapping and imagery has identified that if limited to that proposed and partly revegetated, the areas of remnant vegetation both cleared and retained as a result of the proposed clearing, will be located on the lots that are subject to the application.


The Code - Performance requirement (PR) 5.5 Evidence and findings

• Slope and contour mapping indicates that the topography of the application area contains slopes between 3% and 50%.

• Queensland combined soils mapping on VIN has indicated that clearing of assessable vegetation will occur within areas composed of:

Chromosols (Unstable soil in Table 12 of the code) Kandosols (Stable soil in Table 12 of the code) Sodosols (Unstable soil in Table 12 of the code) Rudosols (Stable soil in Table 12 of the code)

• The applicant has proposed measures and techniques for mitigating soil erosion that will result from the clearing of assessable vegetation. These measures, identified in a management plan, prescribe both general and the intent to develop more site specific erosion and sediment control measures.

• The applicant has proposed revegetation, mulching and minimised (where possible) vegetation clearing.


Pagc8of18

RTI Document No. 9

RTI R

ELEA

SE -

DSDIP

NR W - Decision notice 2008/008332

The Code- Performance requirement (PR) 5.7 Evidence and findings

• The RE mapping has identified that clearing is proposed within remnant endangeredRE 12.3.3 and remnant of concern REs 12.11.8 and 12.9-10.7.

• Remnant endangeredRE 12.3.3, renrnant of concern RE 12.11.8 and remnant of concern 12.9-10.7 are not identified in Table I of the code.

• Clearing of endangeredRE 12.3.3 will not exceed 0.5 Ha and clearing of remnant of concern RE 12.9-10.7 will not exceed 0.5 Ha, however clearing within renrnant of concern RE 12.11.8 will exceed 0.5 Ha. Clearing of remnant of concern RE 12.11.8 does not meet the acceptable solution.

• The applicant has also proposed active revegetation and rehabilitation of the areas to be cleared, where possible.

• The applicant has also proposed an offset in accordance with the current offset policy for the proposed clearing of assessable vegetation composed of remnant of concern RE. This will allow the current extent of of concern REs proposed to be cleared, to be maintained.


The Code - Performance requirement (PR) 5.8 Evidence and fmdings

• The essential habitat map has identified that the clearing proposed within assessable vegetation is partly also identified as essential habitat.

• This mapped essential habitat is identified on the mapping and the essential habitat factors database as being for the following: - 29186 (Phascolarctos cinereus - Koala)

890 (Petrogale penicillata- Rock Wallaby) • Essential habitat Factors have been confirmed as being present within the areas

proposed to be cleared, for each species. • The applicant has also proposed active revegetation and rehabilitation of the

areas to be cleared, where possible. • The applicant has also proposed an offset in accordance with the current offset

policy for the proposed clearing of assessable vegetation that is essential habitat. This will allow the current extent of essential habitat to be maintained.


Reasons Conditions have been applied to the development approval in order to ensure that the application is consistent with the Code, specifically PR S.l, PR S.3, PR S.4, PR S.5, PR S.7 and PR S.8.

Page 9 of IS

RTI Document No. 10

RTI R

ELEA

SE -

DSDIP


Schedule B- Glossary

Assessable vegetation Is vegetation in which clearing is assessable development under Schedule 8, Part 1, Table 4 items lA-1 G of the Integrated Planning Act 1997

Clearing For vegetation, means:

• remove, cut down, ringbark, push over, poison, or destroy in any way including by burning, flooding or drainage

• does not include lopping branches from a tree or shrub in a manner that does not result in the death of the tree or shrub.

Endangered regional ecosystem Means a regional ecosystem that is prescribed under a regulation and has either

( a) less than 10% of its pre-clearing extent remaining; or (b) 10% to 30% of its pre-clearing extent remaining and the remnant vegetation

remaining is less than 1 OOOOha.

Essential habitat Is the area of vegetation shown on the essential habitat map that contains either:

a) at least three of the essential habitat factors including any mandatory essential habitat factors, if any essential habitat factors are listed as mandatory in the essential habitat database; or

b) the species at any stage of its/their life cycle.

Essential habitat factors Are the biological and or non-biological habitat requirements of a species listed as endangered, vulnerable, rare or near threatened under the Nature Conservation (Wildlife) Regulation 1994, at any stage of its lifecycle, including, but not limited to any of the following-vegetation including regional ecosystems or plant assemblages, landforms, soils, hydrology, and pollinators. Essential habitat factors are described in the essential habitat database prepared by the chief executive of the agency which administers the Nature Conservation Act 1992 and certified for use for the purpose of this Code by the Chief Executive of the Department of Natural Resources and Water.

Essential habitat map Is a map prepared by the chief executive of the agency that administers the Nature Conservation Act 199 2 and certified for use for the purpose of the Code by the Chief Executive of the Department ofNatural Resources and Water as a map of remnant vegetation that shows areas of habitat for species listed as endangered, vulnerable, rare or near threatened under the Nature Conservation (Wildlife) Regulation 1994. The essential habitat map is shown as an overlay on the regional ecosystem maps.

Not of concern regional ecosystem Means a regional ecosystem that is prescribed under a regulation and has more than 30% of its pre-clearing extent remaining and the remnant vegetation remaining is more than 1 OOOOha.

Page 10 of 18

RTI Document No. 11

RTI R

ELEA

SE -

DSDIP


Of concern regional ecosystem Means a regional ecosystem that is prescribed under a regulation and has either

( a) I 0% to 30% of its pre-clearing extent remaining; or (b) more than 30% of its pre-clearing extent remaining and the remnant vegetation

remaining is less than lOOOOha.

Permittee Permittee is considered to be the applicant as identified in section 1.1.

Vegetation Is a native tree or plant other than grass, non-woody herbage, or mangrove.

Regional ecosystem Means a vegetation community in a bioregion that is consistently associated with a particular combination of geology, landform and soil.

Remnant endangered regional ecosystem Means the part of an endangered regional ecosystem mapped as a remnant endangered regional ecosystem on the map.

Remnant not of concern regional ecosystem Means the part of a not of concern regional ecosystem mapped as a remnant not of concern regional ecosystem on the map.

Remnant of concern regional ecosystem Means the pa1t of an of concern regional ecosystem mapped as a remnant of concern regional ecosystem on the map.

Stream order Is a numerical ordering classification of each watercourse segment according to its position within a catchment, as shown in Figure 3. Stream orders are determined using the most recent-

a) 1:25 000 Queensland Department of Natural Resources and Water topographic map showing creeks, streams, rivers or watercourses in the local government areas of Brisbane, Caboolture, Caloundra, Gold Coast, Logan, Maroochy, N oosa, Pine Rivers, Redcliffe and Redland, excluding Key Resource Areas; or

b) 1: 100 000 Geoscience Australia topographic map showing creeks, streams, rivers or watercourses in all other local government areas or Key Resource Areas; or

c) 1:250 000 Geoscience Australia topographic map showing creeks, streams, rivers or watercourses in all other local government areas or Key Resource Areas where there is no I: 100 000 Geoscience Australia topographic map available.

Watercourse Is the area of land between the high banks of a natural channel-whether artificially improved or not-in which water flows permanently or intermittently, and that is represented as-

Page II ofl8

RTI Document No. 12

RTI R

ELEA

SE -

DSDIP

NR W -Decision notice 2008/008332

a) a creek, stream, river or watercourse on the most recent I :25 000 Queensland Department of Natural Resources and Water topographic map in the local government areas of Brisbane, Caboolture, Caloundra, Gold Coast, Logan, Maroochy, Noosa, Pine Rivers, Redcliffe and Redland, excluding Key Resource Areas; or

b) a creek, stream, river or watercourse on the most recent I: I 00 000 Geoscience Australia topographic map in all other local government areas or in Key Resource Areas; or

c) a creek, stream, river or watercourse on the most recent 1:250 000 Geoscience Australia topographic map in all other local government areas or in Key Resource Areas where there is no 1:100 000 Geoscience Australia topographic map available.

Page 12 of 18

RTI Document No. 13

RTI R

ELEA

SE -

DSDIP


Schedule C- Applicable appeal provisions

Integmted Planning Act 1997

Chapter 3, Part 5, Division 4-Representations about conditions and other matters

3.5.17 Changing conditions and other matters during the applicant's appeal period

(1) This section applies if the applicant makes representations to the assessment manager about a matter stated in the decision notice, other than a refusal or a matter about which a concurrence agency told the assessment manager under section 3.3.18(1).

(2) If the assessment manager agrees with any of the representations, the assessment manager must give a new decision notice (the "negotiated decision notice") to-

( a) the applicant; and (b) each principal submitter; and (c) each referral agency; and (d) if the assessment manager is not the local government and the

development is in a local government area-the local government. (3) Only 1 negotiated decision notice may be given. (4) The negotiated decision notice-

( a) must be given within 5 business days after the day the assessment manager agrees with the representations; and

(b) must be in the same form as the decision notice previously given; and (c) must state the nature of the changes; and (d) replaces the decision notice previously given.

(5) If the assessment manager does not agree with any of the representations, the assessment manager must, within 5 business days after the day the assessment manager decides not to agree with any of the representations, give a written notice to the applicant stating the decision about the representations.

(6) Before the assessment manager agrees to a change under this section, the assessment manager must reconsider the matters considered when the original decision was made, to the extent the matters are relevant.

3.5.18 Applicant may suspend applicant's appeal period (1) If the applicant needs more time to make the written representations, the

applicant may, by written notice given to the assessment manager, suspend the applicant's appeal period.

(2) The applicant may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the

day written notice was given to the assessment manager, the balance of the applicant's appeal period restarts.

(4) If the written representations are made within 20 business days after the day written notice was given to the assessment manager-

( a) if the applicant gives the assessment manager a notice withdrawing the notice under subsection (1)-the balance of the applicant's appeal

Page 13 of 18

RTI Document No. 14

RTI R

ELEA

SE -

DSDIP


period restarts the day after the assessment manager receives the notice of withdrawal; or

(b) if the assessment manager gives the applicant a notice under section 3.5.17(5)-the balance of the applicant's appeal period restarts the day after the applicant receives the notice; or

(c) if the assessment manager gives the applicant a negotiated decision notice-the applicant's appeal period starts again the day after the applicant receives the negotiated decision notice.

Chapter 4, Part 1, Division 8, -Appeals to court relating to development applications

4.1.27 Appeals by applicants

(1) An applicant for a development application may appeal to the court against any of the following-

(a) the refusal, or the refusal in part, of a development application;

(b) a matter stated in a development approval, including any condition applying to the

development, and the identification of a code under section 3.1.6;

(c) the decision to give a preliminary approval when a development permit was applied

for;

(d) the length of a period mentioned in section 3.5.21;

(e) a deemed refusal.

(2) an appeal under subsection (!)(a) to (d) must be started within 20 business days (the applicant's appeal period) after the day the decision notice or negotiated decision notice is given to the applicant.

(3) An appeal under subsection (I)( e) may be started at any time after the last day a decision on the matter should have been made.

4.1.39

(1)

(2)

(3)

(4)

Chapter 4, Part 1, Division 10- Making an appeal to court

How appeals to the court are started

An appeal is started by lodging written notice of appeal with the registrar of the court.

The notice of appeal must state the grounds of a the appeal.

The person starting the appeal must also comply with the rules of the court applying to the appeal.

However, the court may hear and decide an appeal even if the person has not complied with subsection (3).

4.1.42 Notice of appeals to other parties

(1) An appellant under division 9 must, within I 0 business days after the day the appeal is started give written notice of the appeal to -

(a) If the appellant is a person to whom a notice mentioned in section 4.1.31 has been given

Page 14ofl8

RTI Document No. 15

RTI R

ELEA

SE -

DSDIP


the entity that gave the notice; or

(b) If the appellant is a person to whom an enforcement notice is given - the entity that

gave the notice and if the entity is not the local government, the local government; or

(c) if the applicant is a person dissatisfied with a decision about compensation - the

local government that decided the claim; or

(d) If the applicant is a person dissatisfied with a decision about acquiring designated land

- the designator; or

(e) if the appellant is a party to a proceeding decided by a tribunal- the other party to the

proceeding

Vegetation Management Act 1999

Part 2, Division 6-Modif.ying effect of Planning Act

22C Modifying Planning Act effect of appeal rights on Vegetation Clearing applications (assessment manager)

(1) This section applies for a Vegetation Clearing application that is for a relevant purpose under section 22A if the chief executive is the assessment manager for the application.

(2) An appeal about an application for which this section applies may only be made to the Planning and Environment Court under the Planning Act, section 4.1.27.

(3) However, an appeal, other than for a deemed refusal, may not be made unless the applicant has made representations about the matter.

( 4) The representations may also be about a refusal. (5) The Planning Act, section 3.5.17, applies for the representations, including

representations about a refusal.

22D Modifying Planning Act effect of appeal rights on Vegetation Clearing applications (concurrence agency)

(1) This section applies for a Vegetation Clearing application that is for a relevant purpose under section 22A if the chief executive is a concurrence agency for the application.

Before an appeal may be made in relation to the application, the applicant must first make representations under the Planning Act, section 3.5.9 about the matter being appealed.

Page 15ofl8

RTI Document No. 16

RTI R

ELEA

SE -

DSDIP


Schedule D- Land Impacted by this development approval

LOT PLAN SEG NUM PAR NUM TENURE FEAT NAME 7071 5 SUGAR LOAF ROAD 7071 7 SUGAR LOAF ROAD 7073 29 SUGAR LOAF ROAD 7139 21 OUTLOOK DRIVE

4 RP155068 7139 105 FH 6 RP155067 7139 107 FH 62 CA31714 7301 36 FH 43 CA31700 7301 44 FH 117 CA31373 7310 18 FH

7310 21 #2163 ROAD 7340 13 ESK HAMPTON ROAD 7340 125 ROAD 7342 16 BRISBANE VALLEY HIGHWAY 7342 21 BRISBANE VALLEY HIGHWAY 7597 90 SOUTH STREET 7597 233 KELLY COURT

30 RP152430 7616 10 FH 41 CSH403 6736 45 LL

7300 4 #2066 ROAD 7300 22 #2066 ROAD

236 CA31952 7300 33 FH 7403 1 GLEN ESK ROAD SOUTH 7302 16 KIPPER CREEK ROAD 7338 74 ESK HAMPTON ROAD 7342 18 CHAILLE ROAD 7597 40 HOWE STREET 6736 19 #2154 ROAD

41 CSH403 6736 22 LL 7073 32 CRESSBROOK CREEK

129 RP805037 7139 142 FH 7300 12 #2066 ROAD

235 CSH35 7300 13 FH 7301 4 CRESSBROOK CREEK

945 CA31194 7301 5 FH 203 CSH2029 7403 61 RE 12 CA31780 7301 19 FH 62 CA31714 7301 25 FH

7301 33 CRESSBROOK CREEK 7301 38 #2066 ROAD

1 RP20834 7340 11 FH 7340 25 SOUTH STREET 7340 30 ESK HAMPTON ROAD

2 RP20833 7340 121 RY 132 SP122407 7340 158 LL

7342 22 BRISBANE VALLEY HIGHWAY 243 CSH2097 7597 13 RE

7597 182 BRISBANE VALLEY HIGHWAY

Page 16 of 18

RTI Document No. 17

RTI R

ELEA

SE -

DSDIP


7597 234 SOUTH STREET 6736 20 #2154 ROAD

2 RP171758 7073 1 FH 236 CA31952 7300 23 FH

7300 30 #2066 ROAD 7301 2 ROAD 7301 11 #2066 ROAD

43 CA31700 7301 47 FH 7302 20 #2205 ROAD 7310 2 #2158 ROAD 7338 111 RED BANK CREEK 7340 23 SANDY CREEK 7340 38 SOUTH STREET 7342 20 CHAILLE ROAD 7342 62 CHAILLE ROAD 7346 31 PADDY GULLY ROAD 7597 21 CREEK STREET 7597 39 HOWE STREET 7597 47 SOUTH STREET 6736 36 SUGAR LOAF ROAD 7071 3 CRESSBROOK CREEK 7139 20 OUTLOOK DRIVE

38 CSH251 7300 7 FH 7300 29 #2066 ROAD

220 CSH814656 7403 67 RE 945 CA31194 7301 10 FH 946 CSH669 7301 13 FH

7301 45 KIPPER CREEK ROAD 7302 10 KIPPER CREEK ROAD 7310 7 #2162 ROAD

122 CA31377 7310 17 FH 40 RP805037 7338 97 FH

7597 46 MIDDLE STREET 7597 91 SOUTH STREET

41 CSH403 6736 41 LL 6736 44 SUGAR LOAF ROAD

58 CSH2241 7071 1 FH 1 RP155068 7139 109 FH

129 RP805037 7139 143 FH 7300 31 #2066 ROAD

66 CA311002 7301 17 FH 7301 34 #2018 ROAD 7301 40 #2157 ROAD 7302 8 #2018 ROAD 7302 13 KIPPER CREEK ROAD

127 CA31414 7310 9 FH 7338 75 CORMACK STREET 7338 110 ESK HAMPTON ROAD 7340 24 LATTERS LANE 7342 32 BRISBANE VALLEY HIGHWAY

Page 17ofl8

RTI Document No. 18

RTI R

ELEA

SE -

DSDIP


7597 38 SOUTH STREET 7597 147 SOUTH STREET

109 RP805037 7139 144 FH 7300 18 CRESSBROOK CREEK 7301 42 KIPPER CREEK ROAD

93 CA31778 7301 43 FH 93 CA31778 7301 46 FH 1 CA31201 7338 70 FH

7338 76 ESK HAMPTON ROAD 7340 26 ROAD 7342 63 BRISBANE VALLEY HIGHWAY

242 CSH2097 7597 12 RE 6736 40 SUGAR LOAF ROAD 7071 8 SUGAR LOAF ROAD 7139 110 OUTLOOK DRIVE 7300 5 #2066 ROAD 7300 17 #2066 ROAD 7300 35 #2066 ROAD 7403 48 PADDY GULLY ROAD 7301 41 #2157 ROAD 7302 11 #2205 ROAD

18 CA31814 7302 14 FH 18 CA31814 7302 24 FH

131 SP122407 7340 157 LL 7597 148 EAST STREET

17 SP161919 7616 250 RE 6736 21 SUGAR LOAF ROAD

41 CSH403 6736 35 LL 19 CA31827 6736 58 FH

Page 18 of18

RTI Document No. 19

RTI R

ELEA

SE -

DSDIP

ADDITIONAL SHEET

DEVELOPME~J PERMIT PLAN

62 CA311589

INSET J

LEGEND

As

18 CA31814

• Derived Reference Points

D Subject Lot(s) and Roads

Proposed Pipeline Corridor

A21

946 CSH669

528 FTY1041

Permit A - Area Approved to be Cleared - See Decision Notice 2008/008332 for conditions

NOTE: All GPS reference points continue sequentially when labels are missing

Scale 1 :5000 @ A3 paper size

0 50 1 00 150 200 250 300 350 400 450 500 m I 1 I I I I I I I I I I

Projection UTM (MGA94 Zone 56) Datum - GDA94

Note: Plan Scales are at A3 Paper size. This is a colour plan and should only be reproduced in colour.

ROAD

18 CA31814

Note: Derived reference points are provided to assist in the location of the permitted clearing boundaries. Responsibility for locating these boundaries lies solely with the landholder and delegated clearing contractor(s).

Note: This plan must be read in conjunction with Decision Notice 20081008332

,

17 CA31808

805

12 CA31780

7

33 CSH153

A23

271 CA311037

DPP 2008/008332 Sheet 11 of 15 Sheets

RTI Document No. 20

RTI R

ELEA

SE -

DSDIP

INSET D

41 CSH403

19 CA31827

41 CSH403

528 FTY1041

528 FTY104 1

-<; '() ~

39 CSH252

ROAD

LEGEND

• Derived Reference Points

D Subject Lot(s) and Roads

Proposed Pipeline Corridor

INSET E

945 CA31194

946 CSH669

Permit A- Area Approved to be Cleared - See Decision Notice 2008/008332 for conditions

NOTE: All GPS reference points continue sequentially when labels are missing


o 50 100 150 200 250 300 350 400 450 500 m I 1 I I I I I I I I I I


~ />u.t~~~___,.

Nf N 2~!t! ,;:; U RVEYS Pty Ltd Ph , (07) 3354 9700 -.oorthg~"P·~·'" - Leodeffi ;, the ••• ofod"ored '"Ney '"' ~pp;og techoolog;" ""' ' 1 0 0 0 7 4#0 2 9 Sheet 8 ® I

RTI Document No. 21

RTI R

ELEA

SE -

DSDIP

LEGEND


so 100 150 200 250 JJO 3..<;{1 400 450 500 m


ADDITIONAL SH O.ET DEVELOPMENT PERMIT PLAN

C/4111 4

14

17 CAJ1801

Ul CAlfl"':ll7

RTI Document No. 22

RTI RELEASE - D

SDIP

queensland natural resources and water s d...phillip hawes link water projects-toowoomba pipeline...

Documents