PROPOSEDPLANNING

PERMITGRANTED UNDER DIVISION 5 OF PART 4 OF THE PLANNING AND

ENVIRONMENT ACT 1987

Permit No.: CP09/002

Planning Scheme: Mornington Peninsula Planning Scheme

Responsible Authority: Mornington Peninsula Shire Council

ADDRESS OF THE LAND:1, 1A, 2, 3 and 4 Lumeah Road Somerville, in particular being:

North of Lumeah Road (2 - 4 Lumeah Rd):Lot 4 PS 336335, Volume 10233 Folio 652Lot 5 LP 53675, Volume 08659 Folio 591

South of Lumeah Road (1A - 3 Lumeah Rd):Lot 1 PS 424206Q Volume 10432 Folio 102Crown Allotment 31B Parish of Tyabb Volume 10372 Folio 487

East of Lumeah Road (1 Lumeah Rd):Part of Crown Allotment 29B, Parish of Tyabb Volume 01212 Folio 531

Draft Permit – Page 1 of 32

THE PERMIT ALLOWS: The use and development of the land for the following purposes all in accordance with the plans endorsed under this permit:

a pleasure boat facility comprising:- a marina with an inland harbor, channel

and tide control lock containing 180 wet berths and 18 holding berths

- dry stack storage of 4 tiers for 400 boats- outdoor and covered boat storage.- a lift bridge

marine service industry (five sheds with a gross floor area of approx. 500 square metres each with associated vehicle parking and direct access by travel lift to the harbour);

bulk earthworks;

tourist accommodation (up to comprising180 units in residential buildings of up to four storeys) to be used only to accommodate persons away from their normal place of residence, , with no person residing longer than 3 months in any 12 month period and associated communal facilities (all operated as a single entity);

a conference centre for a maximum of 240 patrons

food and drink premises with a total maximum of 120 seats.

dwellings (up to 14) used only for the accommodation of staff employed in other uses approved under this permit.

associated removal of vegetation; and,

any ancillary works.

Draft Permit – Page 2 of 32

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

Plans required before start of approved development and uses

[1] Before the development approved by this permit starts, amended plans and reports to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans and reports will be endorsed and will form part of the permit. Unless otherwise required ?Tthe plans must be generally in accordance with the details submitted with the application and drawn to scale with appropriate dimensions. Three copies must be provided. The plans must include the following:

Layout plan

a) A detailed layout plan of all buildings and works on the land and adjoining road reserve including:

Changes to the site layout to provide for a viable habitat link and appropriate buffer to the adjoining RAMSAR wetland ( Crown Land boundary) and for an approximately 4 metre wide horse riding trail/walking trail connection between the designated track network in the adjoining Coastal Crown Land Reserve use and the existing trail at North Road unformed Road reserve.

A boundary feature survey showing the actual alignment of the common boundary fence between the entire Yaringa Boat Harbour land and the adjoining Coastal Crown Land Reserve.

A fence along that part of the property boundary that adjoins unleased Crown land.

The inland harbour basin including all revetment walls.

The wet berths including permanent berths and holding berths.

The lock.

The bascule bridge

Indoor and outdoor car parking and loading areas including the dimensions of all spaces and access lanes.

Areas of open space including;

- Any outdoor furniture; and

- Designation of an open space area that would have the potential to be made available as a land contribution or developed as a financial contribution for public open space within the Special Use Zone Schedule 9 should a future application be made for subdivision.

A road design to accommodate an 8.89.4 metre long service vehicle with:

- Access to all internal roads but not necessarily basements.

- Access around the inland harbour basin in the case of an emergency, including over the bascule bridge.

Draft Permit – Page 3 of 32

- Access to all waste collection areas.

- A turning area at the easternmost end of Lumeah Road.

Provision for bicycle parking.

Areas associated with each building for the storage and collection of garbage and recyclable waste.

Areas required for utility installations

External lighting

Details of access including any necessary security measures, such as fences and gates.

Pedestrian paths including:

- A path between the marine service industry precinct and the existing marina located on Crown land.

- A pedestrian circuit, separated as far as practicable from vehicular traffic, around the inland harbour basin and tidal lock channel including access over the bascule bridge.

- A public access path between the visitor car park located to the west of building 11 that is along the perimeter of the inland harbour basin and to the north of Building 11 and then extends to the restaurant on the Crown land and then to a vantage point at the eastern end of the Crown land.

Any improvements including any relocation plans for the kiosk, upgrading of paths, street furniture or the like on Crown Allotment 29B

Any buildings and works to be demolished.

Cross section and elevation plans

b) Detailed cross section and elevation plans of all buildings and works on the land including:

Detailed cross sections from west to east and north to south of the inland harbour basin including the existing abutting ground levels.

Detailed cross sections from west to east and north to south of the proposed industry service area to the south of Lumeah Road.

The tidal control lock

The bascule bridge

Each building including the internal layout and height above natural ground level relative to Australian Height Datum; and

Details of all proposed:

Pontoons, mooring poles and the like

Advertising signs.

Draft Permit – Page 4 of 32

External lighting.

Fences and gates

Pedestrian paths

Any fixed outdoor furniture

Schedule of construction materials and finishes

c) A schedule of construction materials, external finishes, and any colour treatments of all buildings and works.

Coastal Acid Sulfate Soils (CASS) report

d) A site specific Coastal Acid Sulfate Soil identification, risk assessment and management report prepared by an independent and suitably qualified soil scientist or other qualified professional with experience in CASS identification and risk assessment. This report must contain:

A. Further assessment in accordance with the recommendations of the report by Golder Associates dated 22 May 2015 and titled “Peer Review Coastal Acid Sulfate Soils for Planning Scheme Amendment C161 and combined permit application CP09/002-Yaringa Report Number: 147613093-001-R-Rev1A.

A: A preliminary hazard assessment for CASS which addresses all areas of the site which are proposed for development and which includes:

A desktop assessment and, if necessary, a field assessment which reviews available information about the site to determine whether a high risk activity is proposed in a CASS risk area;

This assessment should determine whether a high risk is proposed in a CASS risk area activity (refer definitions in the Victorian Best Practice Guidelines for Assessing and Managing CASS 2010);

An assessment of geomorphic indicators as outlined in the Best Practice Guidelines for CASS; and

An assessment of soil and water field indicators as outlined in the Best Practice Guidelines for CASS.

B: A detailed soil site assessment for CASS which addresses all areas of the site which are proposed for development and which includes:

Based on A above, details of the nature and size of the area to be assessed (including offsite areas) and details of the proposed works;

Maps of the site that show site features, including environmentally sensitive areas, sampling locations and areas that may contain CASS;

Geological logs of soil sampling points and lithological information of the site and surrounding stratigraphy (if available) that may be related to any potential CASS impact;

The development of a detailed soil site assessment and sampling program with sample locations chosen to ensure adequate coverage of all relevant areas of the proposed site as described in the Best Practice Guidelines for CASS;

Draft Permit – Page 5 of 32

Field PH testing to determine the location and extent of PASS and AASS horizons.

C: Surface and groundwater assessment programs to determine the presence and extent of drainage systems and the potential impact on these systems through the disturbance of CASS.

These programs should include the systematic sampling of:

Surface water - investigations as described in the Best Practice Guidelines for CASS;

Groundwater - assessment program as described in the Best Practice Guidelines for CASS.

D: CASS Hazard Assessment to determine the level of hazard associated with the prospective disturbance of CASS.

This hazard assessment should include:

A statement of the hazard represented by the proposed activity supported by analytical soil, water and field testing results;

Consideration of the management of CASS hazards as outlined in the Best Practice Guidelines for CASS.

E: AB. CASS Management Plan which includes the following:

A site overview as outlined in the Best Practice Guidelines for CASS;

A description of the occurrence of CASS at the site with maps and figures as outlined in the Best Practice Guidelines for CASS;

A description of the proposal which includes detailed descriptions of:

o Any dewatering and drainage works, including receiving waterways;o Soil excavation works over the whole development site;o Delineation of any clay and peat lenses and horizons that may affect

dewatering or excavation of soil;o Details of any planned temporary aboveground storage of CASS, if

proposed;o Details of reuse/disposal options for excavated CASS.

A CASS management strategy (as prescribed by the Best Practice Guidelines for CASS) which provides:

o Details of strategies for preventing oxidation of metal sulfides, including avoiding the disturbance of CASS by redesigning the layout of excavations to limit oxidation;

o Details of planned treatment strategies for CASS and any stormwater and acidic leachate that might be generated, including neutralisation of CASS with the use of lime or reburial of PASS (including details of locations for reburial if this is the preferred approach) ;

o Details of watertable management strategies for onsite and offsite before, during and post disturbance;

o Details of containment strategies for contaminated stormwater and acidic leachate associated with the oxidation of CASS to ensure that

Draft Permit – Page 6 of 32

untreated water does not enter the environment both in the short and long term;

o Details of the timing of environmental management activities to ensure integration with the different components of the project;

o Set performance criteria for all stages of the project, including during and post construction, to monitor the effectiveness of CASS management strategies;

o A monitoring program as described in the Best Practice Guidelines for CASS;

o Contingency procedures in the form of a contingency plan as described in the Best Practice Guidelines for CASS

C. A review of the CASS Management Plan by a third party being a suitably qualified professional who has experience in the development and implementation of Coastal Acid Sulfate Soil Management Plans that verifies the CASS Management Plan adequately addresses the potential CASS risks.

Drainage management plan

e) A Drainage Management Plan prepared by a suitably qualified engineer, generally in accordance with the plans prepared by Sholto Consulting Pty Ltd and accompanying the application. The plan must contain information regarding the location of drainage infrastructure and connections and optimise opportunities for environmentally sustainable outcomes. It must also include:

Details of any proposed bunding and drainage to prevent stormwater or surface water discharging from the marine service industry precinct area to adjoining environments.

Proposed steps to ensure that all wastewater, including wash-down water and contaminated surface water, is discharged to reticulated sewerage.

Construction plans

f) Detailed construction plans showing the following matters:

Road upgrades in Lumeah Road and Whitneys Road between its intersection with Lumeah Road and its intersection with Tyabb-Tooradin Road/Bungower Road including:

- Any relocation of services required.

- Any necessary removal of vegetation

- The existing roads being modified to improve the vertical alignment to comply with standards appropriate to a minimum 10060 k.p.h. speed limit.

- The intersection of Lumeah Road and Whitneys Road being provided with traffic management measures to ensure safe traffic movements.

Draft Permit – Page 7 of 32

- The roads being widened to 118.0 metres (to allow for 3.54m lanes and 2600mm wide shoulders), with a prime and two coat seal (alternatively 40mm of asphalt wearing course) being provided over the full length and width, sealed shoulders and grassed swale drains.

- The full width of Lumeah Road being surfaced with 40mm asphalt adjacent to all driveways to the development and to the caravan park.

- The construction of a turning area at the eastern end of Lumeah Road to safely turn an 9.48.8 metre service vehicle within the road reserve, surfaced with 40mm depth of asphalt.

all to the satisfaction of the Responsible Authority.

Details of the proposed design of all roads, access lanes and parking areas.

Sealed road pavements being provided within the site

Drainage of road pavements being provided within the site

Construction details of proposed paths and bicycle paths

Street lighting being provided within the site and at the eastern end of Lumeah Road.

The method of construction of the inland harbour basin and channel.

The method and timing of the carrying out of the associated earthworks.

Areas to be used for storage of excavated material, both temporary areas and permanent areas within the site including cross sections and details of natural ground level and finished height levels relative to Australian Height Datum.

Details of measures to prevent the emission of dust, including dust suppression from soil stockpiles.

The location and details of all fill batters, retaining walls and sheet piling walls within the inland harbour.

The location and details of all fill batters and/or retaining walls in other parts of the site.

Details of required preparation of the existing ground surface and the placement and compaction of fill in accordance with a geotechnical investigation report prepared by a suitably qualified and experienced geotechnical consultant.

Details of surface treatment and other measures to prevent sand and silt run-off from the site.

Details of drainage treatments to allow the passage of any overland drainage flows west of the development site.

Details of drainage treatments within the site in accordance with Water Sensitive Urban Design principles.

Any new service required including sewer and water mains, gas and telecommunications assets to be installed within any external road reserve to the site.

Draft Permit – Page 8 of 32

The location of temporary fencing to protect native fauna and all vegetation to be retained all in accordance with Section 6.2 of the Environmental Management Plan, Yaringa Boat Harbour, Western Port , Victoria (Ecology and Heritage Partners Pty Ltd – April 2013)

Details of the kitchen and dry store in building 11 in accordance with National Food Safety Standards and AS4674:2004, and suitable exhaust ventilation must be installed in accordance with AS1668:1998

Evidence of lawful off-site spoil disposal

g) Evidence of any required permission or approval for the offsite disposal of excavated material in a lawful manner.

A Traffic Management Plan

h) A Traffic Management Plan which minimises the risk of traffic hazards in or around the site and which indicates the following:

Proposed heavy haulage routes to and from the land

The anticipated movement and expected frequency of construction vehicles to and from the site and proposed traffic management measures on external roads

Details of the delivery and unloading points

Inland Harbour Water circulation system report

i) A water circulation system plan for the inland harbour prepared by a qualified engineer.

Landscaping plan

j) A Landscape Plan prepared by a suitably qualified and experienced Landscape Architect that shows:

All areas set aside for landscaping/revegetation including their functions, with special attention to minimising the impact of the development on adjoining properties and on the adjoining Crown land ( Ramsar Wetland); and on maximising the potential habitat value for the Southern Brown Bandicoot..

Landscaping and planting within all open areas of the site

Areas to be set aside as native vegetation conservation areas.

A survey (including botanical names) of all existing vegetation to be retained and removed, including any vegetation to be removed outside the land for the upgrading of associated infrastructure.

Draft Permit – Page 9 of 32

Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary

A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. All proposed planting must be of species indigenous to the Mornington Peninsula.

Surface treatments including designated parking areas

Any special features such as sculpture; street furniture and the like.

Any irrigation treatments.

Maintenance and management requirements.

Measures which ensure sight distance for vehicles and pedestrians will not be unduly restricted by fencing or landscaping works at the exits from the land or at building exits and entrances.

Native vegetation retention plan

k) A plan identifying all native vegetation to be retained and describing the measures to be used to protect the identified vegetation during construction.

Native vegetation offset plan

[l)] A native vegetation offset plan, in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and the Native vegetation gain scoring manual, except that an offset of suitable habitat for the Southern Brown Bandicoot in accordance with the Environmental Offset Policy of the Environment Protection and Biodiversity Conservation Act 1999 and the Mornington Peninsula Localised Planning Statement must be located within the Mornington Peninsula municipality,and preferably in the local area, to the satisfaction of the Responsible Authority.

Fire management and emergency access plan

[m)] A fire management plan prepared by a suitably qualified person to the satisfaction of the Country Fire Authority that meets the relevant Australian Standards described in condition 33 34 and shows all of the following matters:

Operable hydrants.

Method of fire hydrant identification.

Water reticulation.

Emergency vehicle access in a circuit generally around the inland harbour basin and across the bascule bridge and to each building with all internal roads

Draft Permit – Page 10 of 32

having a pavement width of at least 6 metres or passing bays at least every 200 metres that are at least 20 metres long with a trafficable width of 6 metres.

Provisions for emergency vehicle access in the event that access across the lock waterway is obstructed or unusable.

Disability Access Plan

l)[n)] A Disability Access Plan prepared by an accredited access consultant in accordance with Australian Standard AS1428 and in consultation with the Mornington Peninsula Shire Council’s Disability Consultative Committee that includes all of the following:

Disabled access to toilets and change rooms for berth holders and visitors.

Disabled parking close to entrances.

Disabled access along the pedestrian path at the perimeter of the inland harbour basin.

Disabled access from the entrance of each accommodation building fronting the inland harbour basin to the pedestrian path along the perimeter of the inland harbour basin.

Disabled access to at least one bedroom and at least one bathroom in each accommodation unit and dwelling.

Provision for disabled persons to embark and disembark from boats.

Facilities access plan

m)[o)] A facilities access plan that shows:

The communal facilities associated with the development north of Lumeah Road including toilets, showers, swimming pools, footpaths and car parking areas.

The facilities on Crown Allotment 29B that are to be available to the public.

Provision for access to the boat harbour for boaters who require temporary safe haven.

Any conditions, restrictions or procedures for access that must be met by different users.

Accommodation management plan

[p)] An accommodation management plan, in accordance with condition 7, that ensures that all of the separately keyed accommodation units, whether a serviced apartment, room or the like to, be under the effective control and management or an independent management company that will be responsible for reservations, access, use and management of all accommodation units, subject to the limited entitlement of the owner to use and occupy a unit for up

Draft Permit – Page 11 of 32

to 3 months in any calendar year, (excluding designated staff accommodation);will be centrally managed and that for at least 9 months of each calendar year the accommodation will not be occupied by the owners or long term lessees of the accommodation unit or their family members or associates and will be available to provide for short term holiday rental accommodation for persons away from their normal place of residence.

Staff accommodation management plan

n)[q)] A Staff accommodation management plan in accordance with condition 8 of this permit and that ensures that any dwelling that is to be made available for short term holiday rental accommodation will be managed as if it were subject to and in accordance with the Accommodation Management Plan endorsed under this permit.

Noise management plan

o) A noise management report, including noise modelling and monitoring requirements must be completed by a suitably qualified acoustic engineer (registered with the Association of Australian Acoustic Consultants), to demonstrate that the proposed development includes acoustic measures that will enable compliance with the noise conditions of this permit.

Waste management plan

p)[r)] A Waste Management Plan prepared by a suitably qualified person that specifies all of the following:

Details of the method and frequency of waste collection.

Responsibility for the ongoing management of the waste collection to vest with the landowner, or any Owners Corporation that may be established.

Provision for reasonable and adequate storage and collection of garbage, bottles and other solid wastes in bins or receptacles

All bins and receptacles used for the collection and storage of domestic, industrial and commercial garbage, bottles and other solid wastes being:

- screened from view; and,

- maintained in a clean and tidy condition free from offensive odour

Designated areas to be set aside for bin storage and cleaning

Reasonable measures to be undertaken to ensure that noise from rubbish and recycling collection vehicles will not have a detrimental impact on residents or visitors.

Bin cleaning areas are connected to reticulated sewerage.

Backwash water from the pool to be either treated and recirculated or discharged to sewerage to the satisfaction of the Responsible Authority

Draft Permit – Page 12 of 32

Marine service activity plan

q)[s)] Marine Service Activity Plan for the proposed marine service industry precinct outlining proposed measures to ensure that the precinct will not have a detrimental impact on the amenity of the area or the surrounding environment all to the satisfaction of the Environment Protection Authority.

ESD plan

r)[t)] An Environmentally Sustainable Development Management Plan (ESD Plan) prepared by a suitably qualified person that addresses the following:

Incorporation of energy efficient lighting, heating, hot water and appliances;

Energy management and use;

Water conservation and re-use; and

Demolition and construction waste management

Where appropriate the ESD management plan should:

Identify relevant statutory obligation, strategic or other documented sustainability targets or performance standards

Document the means by which the appropriate target or performance will be achieved.

Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring.

Demonstrate that the design elements, technologies and operational practices that comprise the ESD Plan can be maintained over time.

Staging Plan

s)[u)] In the event that it is proposed to undertake the development in stages, a staging plan, ensuring that each stage is properly serviced and meets the requirements of this permit, must be submitted and approved to the satisfaction of the Responsible Authority. The staging plan may be varied with the written approval of the Responsible Authority.

Engineering certification

t)[v)] Evidence that the design of the pleasure boat facility shown in the plans required by condition 1 of this permit is in accordance with relevant Australian Standards and is certified as being based on a prior detailed structural design of the development prepared by a structural engineer with appropriate engineering qualifications and a geotechnical investigation by an appropriately qualified geotechnical engineer all with appropriate peer review.

Draft Permit – Page 13 of 32

Potentially Contaminated Land

1[2] Before the construction or carrying out of buildings or works for the purpose of a dwelling, accommodation and associated communal facilities and open space, food and drink premises or conference centre commences on land that has been previously used for boat building or maintenance, including part of Lot 5, LP53675, or has received fill containing potentially contaminated material sourced from land that has been previously used for boat building and maintenance, including part of Lot 5, LP53675:

a) A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

b) An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of that land are suitable for the sensitive use.

Use and development not to be altered

2[3] The use and development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

Prior to occupation

3[4] Before any building on the north side of Lumeah Road, or wet berth approved under this permit is occupied all of the following requirements must be met to the satisfaction of the Responsible Authority:

a) The inland harbour basin, channel and tidal control lock and the permanent disposal of all excavated material from that development must all be completed.

b) The building must be connected to a reticulated sewerage system.

c) The water circulation system for the inland harbour basin must be operating.

d) Landscaping works as shown on the endorsed plans must be completed.

e) Lighting as shown on the endorsed plans must be completed.

f) All areas set aside for roads, the parking of vehicles, access lanes and vehicle crossovers to adjoining roads, as shown on the endorsed plans, must be:

constructed; properly formed to such levels that they can be used in accordance with

the approved plans; surfaced with an all-weather seal coat; drained and maintained; line-marked to indicate each car space and all access lanes; provided with directional signs and other traffic management measures

including signs specifying time limits for parking as appropriate; provided with adequate lighting.

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g) All buildings and works associated with the use must be constructed and carried out in accordance with the endorsed plans of this permit.

Timing of earthworks

4[5] Once started all earthworks associated with the construction of the inland harbour, including the permanent lawful disposal of all excavated material, must be completed within two years all to the satisfaction of the responsible authority.

Satisfactory Continuation/Development

5[6] All use and development, once started, must be continued and maintained in accordance with the conditions of this permit to the satisfaction of the Responsible Authority.

Occupancy of accommodation

[7] The accommodation, other than dwellings, approved under this permit must be made available, for only short term holiday rental accommodation for persons living away from their normal place of residence, with no person residing longer than 3 months in any 12 month periodfor at least 9 months of each year, for occupancy by persons living away from their normal place of residence for the purpose of short term holiday rental accommodation; each such occupancy must be for three months or less in any one calendar year and must be by a person other than the owner or long term lessee of the accommodation, or a member of his or her family.

Occupancy of staff accommodation dwellings

6[8] Except with the further written permission of the Responsible Authority, a dwelling approved under this permit must only be occupied by:

a) a household including at least one person who is directly and predominately employed in a land use lawfully operating outside the dwelling but within the Special Use Zone, Schedule 9 and if such employment ceases, then the occupancy by that household must cease within 12 months of the termination of the employment; or,

[b)] by persons living away from their normal place of residency i.e. for the purpose of short term holiday rental accommodation and each any such occupancy must be for three months or less in any one calendar year ,and must be by a person other than the owner or long term lessee of the accommodation, or a member of his or her family.

Sewerage and water supply agreements

[9] Before the commencement of the development, the owner must enter into an agreement with South East Water for the provision of sewerage. This agreement must include the

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installation of emergency storage facilities in the event of sewer pump failure and provide for sufficient system capacity to enable the connection of all properties adjoining Lumeah Road.

7[10] Prior to the use of the development, the owner must enter into a Trade Waste Agreement with South East Water.

8[11] Before the development starts, the owner must enter into an agreement with either South East Water or Melbourne Water for the provision of a sufficient mains water supply to the site.

Section 173 Agreements

9[12] Before the start of the development, an agreement between the Owner of the private land that is subject to this permit and the Responsible Authority must be entered into under Section 173 of the Planning and Environment Act 1987 providing for (but not necessarily limited to) the following matters:

[a)] The agreement is to come into effect before the start of any development approved under this permit and will expire on completion of construction and maintenance defects liability periods

a) to the satisfaction of the responsible authority.

b) Prior to the start of construction of the inland harbour basin, the owner upgrading, at his own cost, the full extent of Lumeah Road and Whitneys Road between its intersection with Lumeah Road and its intersection with Tyabb-Tooradin Road/ Bungower Road in accordance with the endorsed construction plans under condition 1 of this permit all to the satisfaction of the Responsible Authority.

[c)] The owner, at his own cost, will be responsible to maintain Lumeah Road and Whitneys Road for a period of 5 years from the date Council issues an “on defects liability statement” or until the completion of construction (which includes the removal of the temporary spoil stockpile, whichever is the longer,) to the satisfaction of the Responsible Authority.

c)[d)] Prior to the start of construction a bank guarantee to the value of $200,000 must be lodged with the Responsible Authority to ensure compliance with the conditions of this permit in the event Council was required to expend part or all of the bank guarantee and carry out works. Upon completion of haulage works and any pavement rehabilitation to the satisfaction of the Responsible Authority, the bank guarantee or the unexpended part of it will be returned to the owner.

d)[e)] Prior to the start of construction a bank guarantee for the amount of a sum equivalent to the cost of reinstating the land to its original condition including original levels must be lodged with the Responsible Authority against failure to complete the carrying out and completion of the bascule bridge, inland harbour, tidal control locks, channel and associated water circulation system approved under this permit. The sum must be determined by a suitably qualified quantity surveyor to the satisfaction of the Responsible Authority. The Bank guarantee may be

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progressively reduced by the Responsible Authority as works are carried out to its satisfaction and upon completion of the specified development will be released.

e)[f)] All costs relating to the preparation of the agreement are to be borne by the owner of the land.

10[13] Before the start of the development, an agreement between the Owner of the private land that is subject to this permit and the Responsible Authority must be entered into under Section 173 of the Planning and Environment Act 1987 providing for (but not necessarily limited to) the following matters:

a) The agreement is to come into effect before the start of any development approved under this permit.

b) No occupation of any accommodation before the completion of the inland harbour and tidal lock system and the permanent disposal of spoil and compliance with Condition 4 of this permit.

[c)] Drawing awareness toReinforcing the requirements for occupancy of accommodation units and dwellings in accordance with condition 7 Occupancy of accommodation and condition 8 Occupancy of staff accommodation dwellings andof this permit and the associated endorsed plans under this permit.

c)[d)] Prohibition of a subdivision for any of the following purposes:

Creating a separate lot solely for one or more of the dwellings approved under this permit.

Creating a lot containing a separate accommodation unit without any entitlement to a boat storage area.

Creating a lot for the purpose of accommodation north of Lumeah Road before the completion of a inland harbour and tidal lock system and the permanent disposal of spoil from that construction

[e)] The form and general content of any berth licence to be entered into by any person wishing to occupy a wet berth must include conditions to the satisfaction of the Responsible Authority to prevent occupation and to control emergency procedures, noise, pollution and disposal of sewage, bilge water and solid waste. The terms of the licence must be included in the Operations Environmental Management Plan required under condition 3031.

d)[f)] Public access must be provided in accordance with the facilities access plan required under condition 1(o).

e) Compliance with the approved Operations Environmental Management Plan under this permit.

f)[g)] All costs relating to the preparation of the agreement are to be borne by the owner of the land.

Waterway establishment and use

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[14] Ongoing management of the inland harbour must be in accordance with the approved Operations Environmental Management Plan required under Condition 3031.

11[15] Sewer pump out facilities must be provided for boats moored in the inland harbour basin and be operated and maintained to the satisfaction of the Responsible Authority.

12[16] Pump out facilities must be connected to reticulated sewerage to the satisfaction of the Responsible Authority

13[17] Chemical dispersal agents must not be used to treat spillages of oil or the like except at the express instruction of an authorised officer of the Environment Protection Authority.

Public Access

14[18] The pedestrian paths marked for public access shown on the endorsed plans must be made available for public access at all times to the satisfaction of the Responsible Authority.

Amenity Conditions

15[19] Spray painting and the use of hazardous or harmful chemicals must be only conducted inside a fully ventilated spray booth.

16 The amenity of the area must not be detrimentally affected by the use or development through the:

a) appearance of any building, works or materials;

b) emission of noise, artificial light, vibration, smell, fumes, smoke, dust, wastewater and / or waste products or otherwise; and/or

c) the presence of vermin.

Noise

17[20] Noise levels emanating from the land must not exceed those specified under the relevant provisions of the State Environment Policy N-2 (Control of music and noise from public premises) and Environment Protection Authority Publication 1411, (October 2011) Noise from Industry in Regional Victoria and Environment Protection Authority Publication 1254 (Noise Control Guidelines).

18[21] Air conditioning or other plant or equipment must comply with SEPP N1 – Noise from Commerce, Industry and Trade.

19[22] Except with the written consent of the Responsible Authority, all security alarms or similar devices used on the land must be of a silent type approved by the Standards Association of Australia.

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20[23] Outdoor amplification, whether for club announcements or music, is not permitted outside the following hours, except in the case of an emergency or with the written consent of the Responsible Authority:

a) 9am - 6pm in a period between 1 April and 30 September, inclusive

b) 8am - 9pm in a period between 1 October and 31 March, inclusive

Lighting

21[24] Exterior lighting must be designed, baffled and located to effectively illuminate all pathways, car parks and building entrances and exits in a manner that achieves the following all to the satisfaction of the Responsible Authority:

a) Provision of a safe pedestrian environment at night

b) Minimises the emission of direct light onto adjoining land,

c) Avoids the emission of direct light into the windows of habitable rooms, and

d) Avoids adverse visual prominence in the broader landscape

Erosion Prevention

22[25] All surface drainage during construction on the site must be controlled to prevent soil erosion and siltation to the satisfaction of the Responsible Authority.

23[26] All stockpiles of loose material must be sited and treated so as to prevent nuisance from dust or erosion to the satisfaction of the Responsible Authority.

Landscaping maintenance and stabilisation

24[27] All trees and shrubs planted in accordance with the approved landscape plan must be maintained in good order and condition and any dead or diseased trees and shrubs must be replaced as soon as practicable.

25[28] Disturbed surfaces of the land resulting from buildings and works authorised by this permit or required by the approved landscape plan, must be stabilised to the satisfaction of the Responsible Authority and revegetated as appropriate.

Construction Environmental Management Plans

26[29] At least 30 days before the start of the construction of any buildings or works, a Construction Environmental Management Plan (CEMP) must be submitted to and approved by the Responsible Authority, in consultation with the Secretary of the Department of Environment, Land, Water and Planning. The CEMP must address the whole of the development and may not be submitted in stages. When approved, this plan will be endorsed and will then form part of the permit. The CEMP may be amended with the written consent of the Responsible Authority.

The plan must be generally in accordance with the Environmental Management Plan (Ecology and Heritage Partners, April 2013), and must provide for:

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i. minimising any adverse impacts on the environment

ii. optimising opportunities for environmentally sustainable outcomes

iii. Water quality protection measures in accordance with State Environment Protection Policy (SEPP) – Waters of Victoria - Schedule F6,

iv. DEPI’s fact sheet Aquatic Pests: Treat ‘em mean – keep your boat clean, located at http://www.dse.vic.gov.au/coasts-and-marine/marine/marine-pests/managing-the-impacts-of-marine-pests; and,

v. the relevant Australian Standards, including AS/NZS ISO 14001:2004 Environmental management systems – Requirements with guidance for use;

vi. Construction and post construction activities must be conducted in accordance with the following EPA best practice guidelines:

- EPA Publication No. 480 (as amended): Environmental Guidelines for Major Construction Sites: and

- EPA Publication No. 275 (as amended): Construction Techniques for Sediment Pollution Control.

and such that it addresses the general matters specified in the table below as well as the specific requirements that follow on.

Matters to be generally addressed in CEMPConstruction methodologyProject risk identification and assessmentEnvironmental objectives and measurable performance targetsAction plans to meet targetsLegal and other requirementsRoles and responsibilitiesStaff training and induction processesCommunicationsManagement of incidents and complaintsNon-conformance, corrective and preventative actionsEmergency preparedness and responseDocument and record keepingAuditsReview and updating

a) Detailed outline of harbour operations during the construction period, including all of the following:

i. Evidence of consultation with other users of the Yaringa harbour including persons who lease existing berths or who store boats on the land, Parks Victoria and the Secretary of the Department of Environment, Land, Water and Planning.

ii. Reasonable and safe access during the construction period for all existing harbour users including persons who have historically stored their boats on the land.

This part of the CEMP must be prepared to the satisfaction of Parks Victoria, as well as to the satisfaction of the Responsible Authority

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b) Construction traffic management including all of the following:

i. Measures to minimise damage to local roads caused by construction vehicles, including:

A pavement assessment of any Council controlled road pavement where haulage traffic is proposed from the site. This must include:

- A visual assessment including digital photographs / video recording over the road length to identify the extent and severity of wheel rutting, surface cracking, other surface defects and any edge defects, condition of kerbs, roundabouts and traffic calming devices.

- Deflection testing over any Council controlled road pavement where haulage traffic is proposed.

- Establishing pavement thicknesses, material components and subgrade in situ strengths along the total length in accordance with VicRoads Technical Bulletin No. 40 and AS 1726 Geotechnical Site Investigations.

A report prepared by a suitably qualified and experienced geotechnical consultant including the modelling of effects on any Council controlled road pavement where haulage traffic is proposed from the site and recommendations for preventative treatments to pavements prior to haulage traffic and any rehabilitation of the pavements after the completion of works in order to maintain an equivalent pavement condition.

ii. Site access by vehicles and plant

iii. Hours of access and egress to the site by heavy vehicles as shown below:

Monday to Friday, inclusive

Saturdays

7:00 am to 5:00 pm

7:00am to 1:00pm

iv. Methods to separate construction traffic from parking of vehicles for other purposes.

v. Areas set aside as construction zones.

vi. Reinstatement of roads to their former standard including any relining of roads for their intended purpose, including the following requirements:

If, during the cartage of excavated material, any areas of pavement over which haulage has occurred requires rehabilitation, whether pothole patching or pavement reconstruction, the owner of the private land under this permit must undertake such works immediately to the satisfaction of the Responsible Authority in order to maintain an equivalent pavement condition to that which existed prior to works commencing.

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On completion of all haulage of excavated material and deliveries to the site or at such time where the haulage of material is to be discontinued for an extended length of time, a further pavement assessment of the haulage route over Council road pavements must be carried out generally in accordance with the first assessment and a report prepared outlining the recommendations for pavement rehabilitation to maintain an equivalent or superior pavement expected life and condition. This report is to be submitted to the Responsible Authority within one month of the haulage ceasing for assessment and approval of pavement rehabilitation.

Once the report under the immediately preceding condition is approved by the Responsible Authority the owner of the private land under this permit must undertake all pavement rehabilitation works of Council road pavements to the satisfaction of the Responsible Authority within 3 months of the date of the report being approved.

vii. Parking of vehicles of site operatives and visitors.

viii. Loading and unloading areas.

ix. Details of signage and other communications (including the name and contact numbers) advising of persons to be contacted for public enquiries.

x. Measures to minimise any adverse impact on surrounding property owners.

xi. Arrangements to ensure that no debris is deposited on any road while vehicles are travelling to and from the site; and

xii. The maximum number of trucks leaving or entering the site per day.

xiii. Notification of all occupiers of properties abutting or affected by the heavy haulage transport route by the land owner.

c) Construction storage including a plan delineating the areas to be used for the storage of construction materials, vehicles and equipment.

d) Construction site safety and security management including site access details and details of signs, fences and any other measures to secure the construction site including the storage of any hazardous materials, construction materials and equipment.

e) Mitigation measures to manage any potential pollution event.

f) A construction timetable including:

i. A proposed commencement and completion date.

ii. The following hours of operation:

Monday to Friday, inclusive

7:00 a.m. to 7:00 p.m.

Saturday 7:00 a.m. to 1:00 p.m.Sunday No operation

iii. Measures to avoid disruption to public use of the area in December

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and January.

g) Flora and Fauna Management including:

i. An assessment of potential impact/s on marine species as a result of the proposed works.

ii. Details of how construction activities will be managed to minimise and if practicable avoid impact on native vegetation and marine biota including the introduction of pest species.

iii. Assessment of the risk of marine pest introduction from increased vessel activity and measures to ensure that any vessel and / or associated equipment will be appropriately cleaned to prevent the spread of marine pests during construction in accordance with the National System for the Prevention and Management of Marine Pest Incursions and its supporting arrangements.

iv. Measures to protect fauna and native vegetation from construction activities and site access including a requirement for the logging of the implementation of those measures and any incidents impacting upon flora and fauna. The log must be available for inspection by the responsible authority upon demand.

v. Pest animal management to include rabbit, cat, dog and fox management.

h) Noise mitigation measures including:

i. Hours of operation of all machinery including transportation of any fill from the site

ii. Details of methods to minimise construction noise at the site location;

iii. During the construction phase, noise emissions associated with construction, traffic and operation of construction equipment shall meet the provisions of Section 2 of the Environment Protection Authority Publication 1254 (October 2008) Noise Control Guidelines, which recommends limits and controls for construction noise;

i) Waste management including:

vii. Measures to ensure the contractors will be made aware of their responsibility for waste management;

j) Water quality protection measures in accordance with State Environment Protection Policy (SEPP) – Waters of Victoria – Schedule F6 having regard to:

i. EPA Publication No. 275 (as amended) Construction Techniques for Sediment Pollution Control (May 1991)

ii. EPA Publication No. 981 Reducing Stormwater Pollution from Construction Sites (May 2005);

iii. Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended; and

iv. EPA Publication No. 480 (as amended): Environmental Guidelines for Major Construction Sites.

The approved CEMP must be implemented to the satisfaction of the Responsible Authority prior to and during construction of the works.

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Operations Environmental Management Plans

27[30] Prior to the occupation of any buildings or works, an Operations Environmental Management Plan (OEMP) must be submitted to and approved to the satisfaction of the Responsible Authority. When approved, this plan will be endorsed and will then form part of the permit. The OEMP may be amended with the written consent of the Responsible Authority.

The plan must be generally in accordance with:

- the Environmental Management Plan (Ecology and Heritage Partners, April 2013);

- the Environment Protection Authority’s Cleaner Marinas: EPA guidelines for protecting Victoria’s marinas, October 1998;

- the State Environment Protection Policy (SEPP) – Waters of Victoria – Schedule F6 (Table 2);

- the Code of Practice for In-Water Hull Cleaning and Maintenance (ANZECC 2000) and,

- the relevant Australian Standards, including AS/NZS ISO 14001:2004 Environmental management systems – Requirements with guidance for use;

and such that it addresses the general matters specified in the table below and includes, as a minimum, all of the specific requirements that follow on.

Matters to be generally addressed in OEMPProject risk identification and assessmentEnvironmental objectives and measurable performance targetsAction plans to meet targetsLegal and other requirementsRoles and responsibilitiesStaff training and induction processesCommunicationManagement of incidents and complaintsNon-conformance, corrective and preventative actionsEmergency preparedness and responseRecord keepingAuditsReview and updating

a) Provisions to ensure that the future operations of all parts of the land including the marina, marine service industry, boat storage, boat launching and retrieval, tidal lock system, and waterways, are operated in a manner to minimise any adverse impacts on the environment and optimise opportunities for environmentally sustainable outcomes

b) Marine pest management including:

i. An assessment of the increased risk of marine pest introduction from increased vessel activity and measures to minimise and mitigate the risk in accordance with the National System for the Prevention and Management of Marine Pest Incursions. Reference to DEPI’s fact sheet Aquatic Pests: Treat ‘em mean – keep your boat clean, located at http://www.dse.vic.gov.au/coasts-and-marine/marine/marine-pests/managing-the-impacts-of-marine-pests

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c) Water quality monitoring

A water quality monitoring plan, prepared in consultation with the Environment Protection Authority and to the satisfaction of the Responsible Authority, which includes all of the following:

i. Collection of baseline water quality data in accordance with AS/NZS5667.9 – ‘Water Quality Sampling – Guidance on sampling from marine waters’

ii. Identification of potential sources of water pollution / contamination

iii. A monitoring program which includes indicators appropriate for identification of contamination arising from the operation of the safe boat harbour. This program must assess the water quality against the water quality objectives outlined in Environment Protection Authority Publication 794 – Water Quality Objectives for Marine and Estuarine Waters – Ecosystem Protection and the Australia New Zealand Environment and Conservation Council (ANZECC) Australian Water Quality Guidelines for Fresh and Marine Waters. All water analysis shall be conducted by a public analyst accredited by the National Association of Testing Agencies (NATA). The following parameters shall be included in the monitoring program:

a) Temperature

b) Dissolved oxygen

c) Dissolved Inorganic Nitrogen

d) Total Nitrogen

e) Dissolved Inorganic Phosphorus

f) Total Phosphorus

g) Suspended solids

h) Turbidity

i) Heavy metals

j) E coli

iv. A requirement that water quality data should be collected by a suitably qualified person, at 6 monthly intervals and after storm events

v. A requirement that reporting on water quality, prepared by a suitably qualified person, be submitted to the Responsible Authority within two months of collection.

d) Water Quality Management

i. Details of measures to ensure compliance with State Environment Protection Policy (Waters of Victoria) – Schedule F6 (Table 2), including:

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The owner of the land containing the inland harbour basin must implement remedial measures such as pumping or aeration if any of the quality parameters exceed predetermined agreed levels to the satisfaction of the Responsible Authority.

The owner of the land containing the inland harbour basin must ensure equipment to deal with spillage of oil or the like in the waterway is kept within the Harbour Precinct and that a person who is trained and competent in the use of the equipment is available at all times.

ii. The Owner must keep a copy of all water quality testing, sampling and analysis results including maintenance results of any pumping system that is available for public inspection during office hours. All results must also be provided to the Responsible Authority upon request or at least once every 12 months.

iii. If any water quality monitoring result indicates that any applicable declared State Environment Protection Policy objective or the objectives of EPA Publication 791.1 have not been met, the owner of the land containing the inland harbour basin must advise the Environment Protection Authority within 24 hours including a copy of that result, a statement explaining the reason the objective has not been met and any proposed measures for correction.

e) Noise management, including provision of a noise management plan, which includes:

an acoustic assessment by a suitably qualified acoustic engineer, outlining steps that will be taken to ensure that the construction and use of the development will comply with State Environment Protection Policy N1 – Noise from Industry, Commerce and Trade and State Environment Protection Policy (Control of Music Noise from Public Premises) No N-2 including noise abatement measures to protect the amenity of dwellings and accommodation units from potential noise impacts from the industry, function centre and food and drink premises approved under this permit as well as from any existing or future port-related industry on other land in the area.

Provision for noise monitoring including measurement of background noise levels at eight or more points, or as recommended by an acoustic engineer to establish noise emissions affecting residents of the dwellings and tourist accommodation within 12 months of the start of the approved use and then at least once every three years.

f) Re-fuelling and hazardous materials management including all of the following:

i. Measures to manage the installation and operation of any refuelling facility.

ii. Measures to manage the storage and handling of any petrol or oil .

iii. Measures to manage the storage and handling of any other hazardous materials.

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iv. An emergency /incident response plan, including potential spills of fuel, oil, or hazardous substances and how these will be managed

g) Waste and waste water management including:

i. Measures to prevent the transportation of sediment, deposition of oil and grease from roads and other surfaces, vehicles and machinery, spills of chemicals or fuels, residues generated from machinery and waste material including heavy metals and organic compounds from boat or machinery maintenance.

ii. Measures to ensure that waste management, including boat cleaning and maintenance procedures comply with the ‘Cleaner Marina Code, October 1998 (EPA);

iii. Measures to ensure maintenance and repair of vessels in the harbour is to comply with the provisions of the Code of Practice for In-Water Hull Cleaning and Maintenance (ANZECC 2000);

iv. Measures to ensure that there is no discharge or disposal of sewage to Western Port;

iv. Measures to manage any disruptions in the electricity supply or other problems in the provision of reticulated sewage.

v. Measures to manage any spills of wastewater.

vi. Measures to ensure that all users of the harbour are aware of their responsibilities with regard to wastewater disposal and the sewage pump out facility.

h) Management of accommodation precincts including vehicle and boat washing.

i) Management of marine service industry precinct.

j) Stormwater management (including water sensitive design) and litter control;

k) Landscaping maintenance and protection.

k) Flora and Fauna Management including:

i. Measures to protect fauna and native vegetation including a requirement for the logging of the implementation of those measures and any incidents impacting upon flora and fauna. The log must be available for inspection by the responsible authority upon demand.

ii. Pest animal management to include rabbit, cat, dog and fox management.

l) Water conservation.

m) Energy conservation.

n) Boat management procedures including refueling, sewerage pump out, bilge water management, fish waste management and boat washing and repairs.

28[31] The approved OEMP must be implemented to the satisfaction of the Responsible Authority.

Review of Operational Environmental Management Plan

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29[32] The OEMP must be reviewed within 12 months from the start of the approved use and then at least once every three years or other time period specified in an amended OEMP endorsed under this permit all to the satisfaction of the Responsible Authority in consultation with the Secretary of the Department of Environment, Land, Water and Planning and the Environment Protection Authority. The review must:

a) Evaluate the performance of the approved use against the OEMP;

b) Identify any new environmental policy or standard since the OEMP was last reviewed and, if the approved use does not comply, propose an amendment of the OEMP in response;

c) Include a report by a qualified person describing the performance of the water quality monitoring program to the satisfaction of the Responsible Authority in consultation with the Environment Protection Authority.

d) Include a report by a qualified acoustic engineer describing the performance of the noise management plan to the satisfaction of the Responsible Authority.

e) Be submitted to the Responsible Authority for approval within three months of its due date.

Within three months of a review, an amendment of the OEMP to implement any findings of the review must be submitted to and approved by the Responsible Authority in consultation with the Secretary of the Department of Environment, Land, Water and Planning. When approved, the OEMP, as amended, will be endorsed and will then form part of this permit.

Country Fire Authority (CFA) Conditions

30[33] All fire protection (including the provision of a hydrant booster assembly) must meet the requirements of Section 6 Services – Fire Protection Australian Standard 3962 (2001) – Guidelines for design of marinas and Australian Standard 2419.1 (2005) – Fire Hydrant Installations , Australian Standard 2441 – Fire Hose Reels, Australian Standard 2444 – Portable fire extinguishers and blankets and Australian Standard 1851 – Maintenance of fire protection systems and equipment.

31[34] The bushfire mitigation measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the Responsible Authority and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

32[35] Water is available for fire fighting purposes in locations and amount to enable firefighters to safely and efficiently carry out an initial attack on a fire should it occur. Specifically:

a) Where reticulated water is available, operable hydrants are provided.

b) Hydrants are suitably identified so that fire fighters can locate them at all hours.

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c) Hydrants are located in postions that will enable fire fighters to access water safely, effectively and efficiently.

d) Access to enable a fire truck to gain access to location in the close vicinity of risks and to deliver water to the fire and to facilitate the safe passage of a laden fire truck in all seasons.

e) Grades of roads must facilitate the safe passage of a fire truck.

f) Provision is made for fire trucks to turn at the end of dead end roads

g) It should be noted that CFA will require access around the whole site, including the south east area of the proposed dock.

33[36] As part of the site is within the Bushfire Management Overlay, a Bushfire Management Statement will need to be developed to CFA satisfaction and will need to address the requirements of Victoria Planning Provision 44.06.

34[37] For those parts outside the Bushfire Management Overlay, a statement will need to be developed to CFA satisfaction addressing Victoria Planning Provision 13.05-1 especially in consideration to fire hazards in wildfire risk environments to avoid intensifying the risk of wildfire through inappropriately located or designated uses or developments.

Native Vegetation management

35[38] Before works start, the permit holder must advise all persons undertaking the vegetation removal/works on site of all relevant conditions of this permit.

36[39] In order to offset the removal of six (6) hectares of native vegetation approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual:

i) 0.312 general biodiversity equivalence units within Port Phillip And Westernport CMA or the Mornington Peninsula Shire municipality with a minimum strategic biodiversity score of 0.734

ii) 3.499 specific biodiversity equivalence units suitable habitat for King Quail, Coturnix chinensis victoriae determined by the habitat importance map for that species.

iii) 5.938 specific biodiversity equivalence units suitable habitat for Orange-bellied Parrot, Neophema chrysogaster determined by the habitat importance map for that species.

iv) 5.457 specific biodiversity equivalence units suitable habitat for Marsh Saltbush, Atriplex paludosa subsp. paludosa determined by the habitat importance map for that species

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v) 5.119 specific biodiversity equivalence units suitable habitat for Leafy Twig-sedge, Cladium procerum determined by the habitat importance map for that species.

vi) 5.296 specific biodiversity equivalence units suitable habitat for Salt Lawrencia, Lawrencia spicata determined by the habitat importance map for that species.

vii) 5.790 specific biodiversity equivalence units suitable habitat for Purple Blown-grass, Lachnagrostis punicea subsp. filifolia determined by the habitat importance map for that species.

37[40] Before any native vegetation is removed, evidence that an offset has been secured in accordance with the requirements under conditions 1 and 40 of this permit must be provided to the satisfaction of the Responsible Authority. Offset evidence can be either:

a) a security agreement, to the required standard, for the offset site or sites, including a 10 year offset management plan; or 

b) a credit register extract from the Native Vegetation Credit Register.

38[41] Where an offset is provided under a security agreement, every year, for ten years, after the Responsible Authority has approved the offset management plan, the applicant must provide notification to the Responsible Authority of the management actions undertaken towards the implementation of the offset management plan. An offset site condition statement, including photographs must be included in this notification.

Dredging

39[42] No dredging may be undertaken except in accordance with relevant approvals.

Compliance with endorsed plans

40[43] The use and development as shown on the endorsed plans under this permit must be undertaken to the satisfaction of the Responsible Authority.

Permit Expiry

41[44] This permit will expire if:

a) the development is not started within four years of the date of this permit.

b) the development is not completed within eight years of the date of this permit.

c) any use hereby permitted is not commenced within eight years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

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IMPORTANT INFORMATION ABOUT THIS PERMIT

WHAT HAS BEEN DECIDED?

The Responsible Authority has issued a permit. The permit was granted by the Minister administering the Planning and Environment Act 1987 under section 96I of that Act.

WHEN DOES THE PERMIT BEGIN?The permit operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation.

WHEN DOES A PERMIT EXPIRE?

1. A permit for the development of land expires if -* the development or any stage of it does not start within the time specified in

the permit; or* the development requires the certification of a plan of subdivision or

consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of a permit, unless the permit contains a different provision; or

* the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988.

2. A permit for the use of land expires if -* the use does not start within the time specified in the permit, or if no time is

specified, within two years after the issue of the permit; or* the use is discontinued for a period of two years.

3. A permit for the development and use of land expires if -* the development or any stage of it does not start within the time specified in

the permit; or* the development or any stage of it is not completed within the time specified in

the permit, or, if no time is specified, within two years after the issue of the permit; or

the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development: or

the use is discontinued for a period of two years.4. If a permit for the use of land or the development and use of land or relating to any of

the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987, or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988, unless the permit contains a different provision-* the use or development of any stage is to be taken to have started when the

plan is certified; and* the permit expires if the plan is not certified within two years of the issue of

the permit.5. The expiry of a permit does not affect the validity of anything done under that permit

before the expiry.

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WHAT ABOUT APPEALS?

* Any person affected may apply for a review of - a decision of the Responsible Authority refusing to extend the time within which

any development or use is to be started or any development completed; or. a decision of the Responsible Authority refusing tot extend the time within which a

plan under the Subdivision Act 1988 is to be certified, in the case of a permit relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987; or.

the failure of the Responsible Authority to extend the time within one month after the request for extension is made.

* An application for review is lodged with the Victorian Civil and Administrative Tribunal.

* An application for review must be made on an Application for Review form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.

* An application for review must state the grounds upon which it is based.* An application for review must also be served on the Responsible Authority.* Details about applications for review and the fees payable can be obtained from

Victorian Civil and Administrative Tribunal._______________________________

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