operational works for bulk earthworks …

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Agenda – Cairns Shipping Development Project Standing Committee – 23 January 2019 - #5968730

CAIRNS SHIPPING DEVELOPMENT PROJECT STANDING COMMITTEE

23 JANUARY 2019 2

OPERATIONAL WORKS FOR BULK EARTHWORKS (EXCAVATION AND FILL EXCEEDING 50M3) ASSOCIATED WITH THE CONSTRUCTION AND REMOVAL OF THE BUND WALL FOR THE NORTHERN SANDS DREDGE MATERIAL PLACEMENT AREA FOR THE CAIRNS SHIPPING DEVELOPMENT PROJECT – 589R & 563R CAPTAIN COOK HIGHWAY BARRON AND ADJACENT BARRON RIVER ESPLANADE – DIVISION 8 Sarah M Cook | 8/10/782 | #5959110 PROPOSAL: OPERATIONAL WORKS FOR BULK

EARTHWORKS (EXCAVATION AND FILL EXCEEDING 50M3) ASSOCIATED WITH THE CONSTRUCTION AND REMOVAL OF THE BUND WALL FOR THE NORTHERN SANDS DREDGE MATERIAL PLACEMENT AREA FOR THE CAIRNS SHIPPING DEVELOPMENT PROJECT

LANDOWNER: NORTHERN SANDS PTY LTD & THE STATE OF

QUEENSLAND APPLICANT: FAR NORTH QUEENSLAND PORTS

CORPORATION LIMITED T/A PORTS NORTH C/- BMT PO BOX 203 SPRING HILL QLD 4004 LOCATION OF SITE: 589R & 563R CAPTAIN COOK HIGHWAY,

BARRON & ADJACENT BARRON RIVER ESPLANADE

PROPERTY: LOT 2 ON RP712954 AND LOT 5 ON SP245573

AND ADJACENT ESPLANADE ZONE: RURAL LOCAL PLAN: NA PLANNING SCHEME: CAIRNSPLAN 2016 V1.2

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REFERRAL AGENCIES: STATE ASSESSMENT AND REFERRAL AGENCY

NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 28 FEBRUARY 2019 APPLICATION DATE: 21/11/2018 DIVISION: 8 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS LOCALITY PLAN

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RECOMMENDATION That Council approves the development application for Operational works for Bulk Earthworks (excavation and fill exceeding 50m3) associated with the construction and removal of the bund wall for the Northern Sands Dredge Material Placement Area for the Cairns Shipping Development Project over land described as Lot 2 on RP712954 and Lot 5 on SP245573 and adjacent Esplanade, located at 589R & 563R Captain Cook Highway, Barron, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means the drawings and documents identified below: Drawing or Document Reference Date Northern Sands Dredge Material Placement Area General Arrangement

3527-SK21C July 2018

Bund construction Locality Plan and Drawing Index 3527-C101 Rev. A November 2018 Standard Notes 3527-C102 Rev. A November 2018 General Arrangement 3527-C103 Rev. A November 2018 Bund Control Line Setout Plan 3527-C104 Rev. A November 2018 Bund Control Line Setout Coordinate Table

3527-C105 Rev. A November 2018

Bund Treatment Plan 3527-C106 Rev. A November 2018 Bund – Type Sections Sheet 1 of 3 3527-C107 Rev. A November 2018 Bund – Type Sections Sheet 2 of 3 3527-C108 Rev. A November 2018 Bund – Type Sections Sheet 3 of 3 3527-C109 Rev. A November 2018 Bund Longitudinal Section Sheet 1 of 2 3527-C110 Rev. B December 2018 Bund Longitudinal Section Sheet 2 of 2 3527-C111 Rev. B December 2018 Bund Cross Sections (28 Sheets) (Sheet 1 of 28 – Sheet 28 of 28)


Miscellaneous Details 3527-C113 Rev. B December 2018 Dredging & settlement Bund Alterations, for Dredging / Settlement Period

3527-C201 Rev. B December 2018

Bund removal Bund Removal and Site Rehabilitation 3527-C301 Rev. A November 2018 Erosion and Sediment Control Erosion & Sediment Control Plan, Bund Construction


Erosion & Sediment Control Details, Sheet 1 of 2


Erosion & Sediment Control Details, Sheet 2 of 2


Erosion & Sediment Control Plan, Bund Removal


Reports Golders Geotechnical Report TBA TBA BMT File note Council Ref

#5945725 3 December 2018

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Assessment Manager Conditions 1. In accordance with the provisions of Section 85 of the Planning Act 2016, this

development permit, granted under the provisions of the Planning Act 2016, shall lapse at the end of four years after the approval starts to have effect, if the approved development does not substantially start within that period.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with: a. The specifications, facts and circumstances as set out in the application

submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval. Timing: at all times 3. Approved drawing(s) and document(s) must not be amended except in

accordance with the conditions of this approval or an associated approval. Any amendments must be to the satisfaction of the General Manager of Planning and Environment

Timing: at all times 4. Where there is an inconsistency between any approved drawing(s) and/or

document(s) and the conditions contained within this approval, the conditions prevail to the extent of the inconsistency.

Timing: at all times Timing of Effect 5. The conditions of the development permit must be effected as specified in

these conditions of approval. Extent of development approved 6. This development permit provides for the following extent works only:

a. Construction of the Northern Sands Dredge Material Placement Area bund walls and associated earthworks (excavation & fill);

b. Drainage works associated with bund wall construction;

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c. Decommissioning and removal of the Northern Sands Dredge Material Placement Area bund walls.

All other works are required to be covered by separate development permits

for operational works. Timing: at all times Associated approvals 7. This development permit must be read in conjunction with:

a. The development permit for Material Change of Use for Concurrence ERA 16(1)(D) Dredging more than 1,000,000T and undefined use (Dredging & Dredge Material Placement;

b. Environmental Authority EA0001463; and c. Environmental Authority EA0001462. Timing: at all times Bund wall construction 8. All earthworks are to be carried out under the supervision of a suitably

qualified and experienced geotechnical engineer and in accordance with the approved drawings, plans and documents.

Timing: at all times 9. If the placement of dredged material does not occur within the same dry

season as the construction of the Northern Sands Dredge Material Placement Area bund walls, the spillway is to be constructed and installed, inclusive of protective works as identified on the approved drawing(s) 3527-C201, 3527-C301 and 3527-C302. The spillway must be installed prior to 1 December in the calendar year that the bund construction occurs.

Timing: as specified within the condition 10. Once dredge material placement has occurred, the spillway is to be

constructed and installed, inclusive of protection works as identified on the approved drawing(s) 3527-C201, 3527-C301 and 3527-C302. The spillway must be installed prior to 1 December in the same calendar year that the placement occurs (e.g. if placement of dredged material occurs between May and September1 during 2019, the spillway must be installed prior to 1 December 2019).

Timing: as specified within the condition 1 As required by the development permit for Material Change of Use for Concurrence ERA16(1)(d) dredging more than 1,000,000t and undefined use (dredging related infrastructure and dredge material placement).

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Spillway 10a. A minimum of ten (10) business days prior to the pre-start meeting

(installation of spillway) in accordance with Condition 30, provide of the following:

a. The anticipated levels and velocities of incoming Barron River flows, at

the approach to both the spillway and any overtopping points of the bund wall under a range of design flood events including the 20% AEP event, the 10% AEP event, the 5% AEP event, the 2% AEP event and the 1% AEP event;

b. the detail and basis of design of all scour protection works at the spillway

(including the associated internal bund batter face) and any points in the bund wall (including the associated internal bund batter face);

c. the anticipated water levels internal to the bund wall in connection with

those flood events which overtop the spillway or bund wall for the range of events identified within Condition 10a. (a).

d. Confirmation that the spillway design is sufficient to ensure that, in the

event of a level difference between external Barron River flood event water levels and the internal water levels, the resultant velocities from overtopping of the spillway or bund wall, will not result in erosion that would adversely affect the integrity of of the Northern Sands Dredge Material Placement Area bund wall, and will not result in the resuspension of the placed dredge material.

e. If necessary, to mitigate any erosion of the spillway or bund walls, or to

manage any water level difference, that will occur for the range of events identified within Condition 10a. (a), then plans must be provided detailing the proposed amendments.

The above requirements must be prepared by a suitably qualified and experienced RPEQ and provided to the satisfaction of the General Manager of Planning and Environment.

Stockpiling and transportation of fill material 11. A maximum of 1,000m3 of fill material associated with the construction of the

Northern Sands Dredge Material Placement Area bund walls may be stockpiled on site at any time. Fill material stockpiled in association with the construction of the Northern Sands Dredge Material Placement Area bund walls must not be stockpiled after the completion of the construction of the Northern Sands Dredge Material Placement Area bund walls.

Timing: as specified within the condition 12. If additional material is to be imported to the site to complete the construction

of the Northern Sands Dredge Material Placement Area bund walls, the General Manager of Planning and Environment must be notified of the

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volumes to be imported a minimum of five (5) business days prior to the intended importation an any necessary approvals must be obtained prior to importation and placement, as the case may be.

Timing: as specified within the condition Geotechnical supervision and certification 13. Level 1 supervision and testing of the earthworks, compaction and material

quality associated with the Northern Sands Dredge Material Placement Area bund walls must be undertaken by a suitably qualified and experienced geotechnical engineer engaged by the applicant / owner and nominated to the General Manager of Planning and Environment in accordance with Condition 15.

Timing: at all times during the construction of the Northern Sands Dredge

Material Placement Area bund walls. 14. As nominated on the approved drawing 3527-C13, the on-site geotechnical

role referenced to in Condition 13 will include assessment of the existing stockpiled material in the existing bunds located at the Northern Sands Dredge Material Placement Area to confirm its suitability for reuse within the Northern Sands Dredge Material Placement Area bund walls. The suitably qualified and experienced geotechnical engineer must carry out the assessment prior to commencement of construction of the Northern Sands Dredge Material Placement Area.

Timing: as specified within the condition 15. Prior to the Pre-start meeting associated with the bund wall construction

(Condition 28) the suitably qualified and experienced geotechnical engineer must be nominated to the General Manager of Planning and Environment. The nomination must include details of the person’s qualifications and experience.

Timing: as specified within the condition 16. Certification that the material and test results for the Northern Sands Dredge

Material Placement Area bund walls are consistent with the approved plans must be provided to the General Manager of Planning & Environment prior to the Hold point inspection / Works acceptance meeting required within Condition 29.

Timing: as specified within the condition 17. Should the existing stockpiled material, including the material within the

existing bunds located at the Northern Sands Dredge Material Placement Area be found to be unsuitable for the use in the construction of the required bund wall as determined by the suitably qualified and experienced geotechnical engineer, the applicant/owner must submit an alternative bund design and supporting documentation prior to the commencement of bund construction,

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to the satisfaction of the General Manager of Planning and Environment. Timing: as specified within the condition Stormwater 18. Appropriate site drainage for the ongoing uses associated with Northern

Sands site and outside the Northern Sands Dredge Material Placement Area must be provided in accordance with the approved drawing(s) and document(s). The site drainage must be monitored by a suitably qualified and experienced professional during the project, including the assessment of the finalised delivery and discharge pipeline routes within the site. If any refinements are required, the applicant/owner must submit alternative drawing(s) and supporting documentation to the satisfaction of the General Manager of Planning and Environment.

Timing: as specified within the condition Erosion and Sediment Control 19. Erosion and sediment control measures are to be implemented in accordance

with the approved drawing(s) and document(s). Timing: at all times 20. Prior to the pre-start meeting (bund wall construction), the applicant / owner

must confirm that the construction erosion and sediment control plan is consistent with the proposed construction methodology and program. If necessary, the applicant / owner must submit amended plans detailing the amended erosion and sediment control measures to the satisfaction of the General Manager of Planning and Environment.

Timing: as stated within the condition As constructed plans 21. Prior to the hold point inspection / works acceptance meeting, submit as

constructed drawings for the Northern Sands Dredge Material Placement Area bund walls and associated drainage works:

a. Prepared and certified by a registered surveyor; and

b. Reviewed and certified as constructed generally in accordance with the approved drawing(s) and document(s) by a suitably qualified and experienced Registered Professional Engineer of Queensland.

Timing: as specified within the condition

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Bund wall removal 22. The Northern Sands Dredge Material Placement Area Bund Walls must be

removed (and decommissioned) within 3 years of the completion of the construction of the bund walls.

Timing: as specified within the condition 23. The removal and decommissioning of the Northern Sands Dredge Material

Placement area must be undertaken in accordance with the approved drawing(s) and document(s) 3527-C201 Rev B.

Timing: at all times 24. The removal and decommissioning of the Northern Sands Dredge Material

Placement Area bund walls must not result in stockpiling of any bund wall material on the site.

Timing: at all times Note: It is anticipated that the material associated with the Northern Sands

Dredge Material Placement Area bund walls will be graded into the lake. 25. Within 1 month following completion of the decommissioning and removal of

the Northern Sands Dredge Material Placement Area Bund Walls, the applicant / owner must submit a survey plan prepared by a registered surveyor to Council to satisfaction of the General Manager of Planning and Environment, to confirm:

a. That the removal and decommissioning of the bund walls has

returned the ground level to 3.5m AHD or the otherwise approved existing surface level or below, or an otherwise approved ground level;

b. That the land associated with the Northern Sands Dredge Material

Placement Area site is free draining; and c. That the associated disturbed footprint drains towards the lake and

are not causing any ponding. Timing: as specified within the condition General 26. Any breach of a condition of this approval must be reported to the General

Manager of Planning and Environment as soon as practicable but within 24 hours of the applicant / owner becoming aware of the breach. Records must be kept including full details of any breach and any subsequent actions undertaken.

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Timing: at all times 27. Retain a copy of this development permit and approved drawing(s) and

document(s) on site at all times. Any contractors undertaking approved works must be directly provided with a copy of these documents and instructed as to the need to comply with them.

Timing: at all times Pre-start meeting (Bund wall construction) 28. Arrange and attend a pre-start meeting and inspection prior to the

commencement of works associated with the construction of the Northern Sands Dredge Material Placement Area Bund Walls and associated drainage works. The meeting must take place a minimum of five (5) business days prior to the intended commencement of works.

The purpose of the pre-start meeting and inspection is to address the items

in FNQROC CP1.09 and the following project specific items, to the satisfaction of the General Manager of Planning and Environment:

a. Review of relevant conditions of approval and discussion of any issues

that are considered important and relevant to the attending parties;

b. Confirm Construction Issued plans are the latest approved drawing(s) and document(s) and address the relevant conditions of approval;

c. Confirmation of the suitably qualified and experienced geotechnical

engineer responsible for the works;

d. Confirmation of the construction requirements within the Standard Notes on drawing 3527-C102;

e. Identification of Staging, Contractor’s work methodology, implications

for site access corridors etc.;

f. Review of Inspection and Test Plan confirming Hold / Witness points for the Superintendent and for Council’s Inspector;

g. Clarification of the Contractor’s site access requirements for Council,

Superintendent and other external visitors, including but not limited to site safety inductions, site safety plans, notifications;

h. Confirming that the Contractor’s Erosion and Sediment Control Plan is

approved by the Consulting Engineer and discussion of critical areas of the site;

i. Inspection of the identified environmentally significant areas and trees

for preservation;

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j. Identification of areas within the Northern Sands site that are outside the

works scope and to be left undisturbed. Note: At the pre-start meeting, Council will confirm the construction

requirements specified within the earthworks notes on the approved drawings.

Timing: as specified within the condition Hold point inspection / Works acceptance meeting (Bund wall construction) 29. Arrange and attend a hold point meeting and inspection post completion of

works associated with the construction of the Northern Sands Dredge Material Placement Area bund walls and prior to the commencement of Dredge Material Placement within the Northern Sands Dredge Material Placement Area. The meeting must take place within a minimum of five (5) business days prior to the intended commencement of Dredge Material Placement.

The purpose of the hold point meeting and inspection is to address the

following, to the satisfaction of the General Manager of Planning and Environment:

a. Confirm works have been undertaken in accordance with the

requirements of this approval and any associated approvals prior to the commencement of dredge material placement;

b. Review of the acceptance documentation including survey, materials

quality records and geotechnical compliance statement. Timing: as specified within the condition Pre-start meeting (installation of spillway) 30. Arrange and attend a pre-start meeting and inspection prior to the

commencement of works associated with the installation of the spillway into the Northern Sands Dredge Material Placement Area bund walls. The meeting must take place a minimum of five (5) business days prior to the intended commencement of works.



a. Review of relevant conditions of approval including State Agency

conditions;

b. Confirm Construction Issued plans are the latest approved drawing(s) and document(s), including any amendments required in accordance with Condition 10a;

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c. Confirmation of the construction requirements with the Standard Notes on drawing 3527-C102 and the BMT File Note;

d. Confirmation of construction footprint within the Barron River

Esplanade; e. Confirmation of spoil location for material being removed; f. Identification of site access corridors;

g. Review of Inspection and Test Plan confirming Hold / Witness points for the Superintendent and for Council’s Inspector;

h. Clarification of the Contractor’s site access requirements for Council,

Superintendent and other external visitors, including but not limited to site safety inductions, site safety plans and notifications;

i. Confirming that the contractors Erosion and Sediment Control Plan for

this stage of the works is approved by the Consulting Engineer and discussion of measures for this element of work;

j. Inspection of the identified environmentally significant areas and trees

for preservation. Timing: as specified within the condition Hold point inspection / Works acceptance meeting (spillway installation) 31. Arrange and attend a hold point meeting and inspection post completion of

works associated with the installation of the spillway into the Northern Sands Dredge Material Placement Area bund walls. The meeting must take place within a maximum of five (5) business days post the installation of the spillway into the Northern Sands Dredge Material Placement Area bund walls.

The purpose of the hold point meeting and inspection is to address the

following, to the satisfaction of the General Manager of Planning and Environment:

a. Confirm works have been undertaken in accordance with the

requirements of this approval and any associated approvals;

b. Review of the acceptance documentation including survey, materials quality records and geotechnical compliance statement.


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Pre-start meeting (removal of spillway) 32. Arrange and attend a pre-start meeting and inspection prior to the

commencement of works associated with the removal of the spillway associated with the Northern Sands Dredge Material Placement Area bund walls. The meeting must take place a minimum of five (5) business days prior to the intended commencement of works.




conditions. b. Confirm Construction Issued plans are the latest approved plans;

c. Confirmation of the construction requirements within the Standard Notes on drawing 3527-C102.

d. Identification of site access corridors;

e. Review of Inspection and Test Plan confirming Hold / Witness points for the Superintendent and for Council’s Inspector;

f. Clarification of the Contractor’s site access requirements for Council,


g. Confirming that the Contractor's Erosion and Sediment Control Plan for


h. Inspection of the identified environmentally significant areas and trees

for preservation. Timing: as specified within the condition Pre-start meeting (bund wall decommissioning and removal) 33. Arrange and attend a pre-start meeting and inspection prior to the

commencement of works associated with the decommissioning and removal of the Northern Sands Dredge Material Placement Area bund walls. The meeting take place a minimum of five (5) business days prior to the intended commencement of works.

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The purpose of the pre-start meeting and inspection is to address the items in FNQROC CP1.09 and the following project specific items, to the satisfaction of the General Manager of Planning and Environment:


conditions; b. Confirm Construction Issued plans are the latest approved plans;

c. Confirmation of the construction requirements within the Standard Notes on drawing 3527-C102;

d. Confirmation of construction footprint within the Barron River

Esplanade;

e. Confirmation of methodology for removal of bunds and spoil placement; f. Identification of site access corridors;

g. Review of Inspection and Test Plan confirming Hold / Witness points for the Superintendent and for Council’s Inspector;

h. Clarification of the Contractor’s site access requirements for Council,


i. Confirming that the Contractor's Erosion and Sediment Control Plan for


j. Inspection of the identified environmentally significant areas and trees

for preservation;

k. Confirmation of post construction survey and acceptance requirements. Timing: as specified within the condition Post decommissioning inspection and removal inspection / works acceptance

meeting (bund walls) 34. Arrange and attend a post completion of works meeting and inspection to

confirm that all works have been undertaken in accordance with the requirements of this approval to the satisfaction of the General Manager of Planning and Environment


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STATED CONDITIONS FOR DEVELOPMENT PERMIT FOR MATTERS REGULATED UNDER THE FISHERIES ACT 1994 The entity with the jurisdiction for these conditions is the Department of Agriculture and Fisheries. PART A – General Conditions

Condition number

Condition Timing

1 Provide written notice to [email protected], when the development authorised under this approval: will start, and when it has been completed.

(a) At least 5 business days but no greater than 20 business days prior to the commencement of the works (b) Within 15 business days of the completion of the fisheries development works.

2 This fisheries development (as defined by the Fisheries Act 1994) constitutes a place that is required to be open for inspection by an inspector at all times, pursuant to section 145 of the Fisheries Act 1994.

At all times

3 Land profiles that are temporarily disturbed by the development works (other than those within the permanent development footprint), must be promptly restored to pre-work profiles.

Upon completion of the works the subject of this approval

4 Enter into an agreed delivery arrangement to deliver an environmental offset in accordance with the Environmental Offsets Act 2014 to counterbalance any significant residual impact on matters of state environmental significance (marine plants, declared Fish Habitat Areas and waterways providing for fish passage).

Prior to commencing any works that impact on the prescribed environmental matters marine plants, declared Fish Habitat Areas and waterways providing for fish passage.

5 The development must not adversely impact on community access to fisheries resources and fish habitats including recreational and indigenous fishing access. The installation and removal of the temporary dredged material delivery pipe must take reasonable measures to minimise the disruption to community access to fisheries resources.

At all times

6 The development must not adversely impact on commercial fishing access and

At all times

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PART B – Development permit for Operational Works for removal, destruction or damage of a marine plant

Condition number

Condition Timing

1 Development authorised under this approval is limited as follows: Operational works that is the removal,

destruction or damage of marine plants being limited to: – dredging works within the ‘proposed

upgraded channel and swing basins’ as detailed in Revised Draft EIS Channel, General Arrangement, Ports North, 08/05/2017, 921-004, Rev B;

– the placement of a temporary dredge material delivery pipeline within Thomatis/Richters Creeks;

– the placement of dredge spoil within an existing approved designated spoil disposal site at the Tingira Street DMPA.

At all times

2 Works involving the removal, destruction or damage of marine plants must be undertaken in accordance with the Accepted Development Requirements for operational work that is the removal, destruction or damage of marine plants or under a development approval (assessable development).

At all times

3 Development works must avoid, or where this cannot be reasonably achieved minimise/mitigate impacts to marine plants.

For the duration of the works the subject of this approval

4 Spoil is not to be disposed of on tidal lands or within waterways, other than in an existing approved designated spoil disposal site, and is managed to prevent acid soil development.

At all times

5 a) Marine plants that are temporarily removed, damaged or destroyed by this development must be restored to pre- disturbance condition, or if this is not likely to be achieved; b) Enter into an agreed delivery arrangement to deliver an environmental offset in accordance with the Environmental Offsets Act 2014 to

(a) Within 5 years of removal, damage or destruction; (b) Prior to commencing any works that impact on the prescribed environmental matters marine plants, declared Fish

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

SARA 1812-8725 SRA 9 January 2019 5968611 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

2. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 3. Additional works approval may need to be sought for public utility service

works not under Council control. 4. For information relating to the Planning Act 2016 log on to

www.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

DEFINITIONS

Term Definition Associated approval Means any approval, permit or authority, either issued

before or after the issue of this approval that is for development or an activity related to the Cairns Shipping Development Project. An associated approval includes, but is not necessarily limited to: - Environmental Authority EA0001463; - Environmental Authority EA0001462; - Material Change of use for Concurrence ERA

16(1)(d) dredging more than 1,000,000t and undefined use (dredging related infrastructure and dredge material placement).

Associated environmental authority

An associated environmental authority is: - Environmental Authority EA0001463; or - Environmental Authority EA0001462.

Completion When referring to the completion of the construction or removal / decommissioning of work means Council’s acceptance of works “on maintenance” and the commencement of the defects liability period under the FNQROC Development Manual

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Completion of the project

Is defined as the placed materials achieving a final settlement density consistent with the targeted bulk density (Condition 32 & 33 of the Associated approval for Material Change of use) and the cessation of surface water discharges associated with the project.

FNQROC Development Manual

http://www.fnqroc.qld.gov.au/regional-programs/regional-development-manual/version-7-2017

General Manager of Planning and Environment

The General Manager of Planning and Environment at Cairns Regional Council. [email protected] 07 4044 3526

Northern Sands Dredge Material Placement Area (NSDMPA)

Includes all areas on Lot 2 on RP712954 and Lot 5 on SP245573 necessary to effect dredge material placement, including but not limited to the void, bunds, pipelines, planned infrastructure and access. The Northern Sands Dredge Material Placement Area has been identified on the attached Plan.

Project Operational Works for Bulk Earthworks (excavation and fill exceeding 50m3) associated with the construction and removal of the bund wall for the Northern Sands Dredge Material Placement Area for the Cairns Shipping Development Project – 589R & 563R Captain Cook Highway BARRON and adjacent Barron River Esplanade

Site Lot 2 on RP712954 and Lot 5 on SP245573 and adjacent Barron River Esplanade

ACRONYMS & ABBREVIATIONS Acronym Definition AEP Annual exceedance probability AHD Australian Height Datum AS Australian Standard ASS Acid sulfate soils ASSMP Acid sulfate soils management plan BoM Bureau of Meteorology CCA Consequence category assessment CGER Coordinator-General’s evaluation report CSDP Cairns shipping development project DES Department of Environment and Science DMP Dredge management plan DMPA Dredge material placement area EA Environmental Authority EIS Environmental impact statement

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ERA Environmentally relevant activity ESC Erosion and Sediment Control FHA Fish habitat area FNQROC Far North Queensland Regional Organisation of Councils FRA Flood risk assessment GBR Great Barrier Reef HAT Highest astronomical tide LAT Lowest astronomical tide m Metres m 2 Square metres m 3 Cubic metres M Million MCU Material Change of Use MNES Matters of National Environmental Significance MSES Matters of State Environmental Significance MSQ Maritime Safety Queensland NSDMPA Northern Sands dredge material placement area OPW Operational Works PASS Potential acid sulfate soils RDEIS Revised draft environmental impact statement RPEQ Registered Practicing Engineer Queensland SARA State Assessment and Referral Agency SBMP Site based management plan SMESCP Stormwater Management and Erosion and Sediment Control

Plan SPP State Planning Policy SWMBA Site water materials balance assessment TOR Terms of Reference TAG Technical Advisory Group TSHD Trailers suction hopper dredge

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GLOSSARY Term Definition Bund wall A constructed retaining wall around the Northern Sand

Dredge Material Placement Area void (also known as Lake Narelle) to contain the dredged material and / or the covering water.

Draft EIS proposal

The initial project proposal presented in the draft EIS

Delivery pipeline

The dredge material delivery pipeline that will deliver bulked up dredged material to the Northern Sands Dredge Material Placement Area from the Dredge material pump out facility.

Discharge pipeline

The tailwater discharge pipeline that will remove water that collects on top of the placed dredge material from the Northern Sands Dredge Material Placement Area to the Barron River. The discharge pipeline runs between the site and the Barron River within the Captain Cook Highway State Controlled Road Corridor.

Dredge material

Sediment to be removed via dredging and placed at the a DMPA

Dredge material pump out facility

The temporary dredge mooring and pump out facility approximately 3km offshore from the mouth of Richters Creek / Yorkeys Knob Beach / Holloways Beach to facilitate the dredged material being pumped out of the trailer suction hopper dredged into the delivery pipeline to deliver the dredged material (soft clays) to the Northern Sands Dredge Material Placement Area.

EIS Documentation

Refers to the draft EIS and revised draft EIS document collectively, including any supplementary material.

Ex-situ The measurement of the dredged material outside of the environment from which it is being removed and measures the material in a disturbed stated.

Freeboard The vertical distance between the top of the water / material and the top of the bund wall.

In-situ The measurement of the dredged material within the environment from which it is being removed and measures the material in an undisturbed state.

Lay down areas

Construction material laydown and assembly areas located along the dredge delivery pipeline

Settlement The process under which dredge material placed within the Northern Sands Dredge Material Placement Area will undergo, following the completion of placement.

Tailwater Excess surface water within the Northern Sands Dredge Material Placement Area.

The proponent Far North Queensland Ports Corporation, trading as Ports North (also referred to as the applicant and Ports North).

Trailer suction hopper dredge

A self-propelled sea-going dredger equipped with a hopper. Dredging is undertaken via a drag head which is connected to a suction pipe to fill the hopper.

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EXECUTIVE SUMMARY Council is in receipt of a development application seeking a development permit for Operational works for bulk earthworks for the construction of earthen bunds on Lot 2 on RP7129954 and Lot 5 on SP245573 and the adjoining Barron River Esplanade. The bunds are associated with the Northern Sands Dredge Material Placement Area (“NSDMPA”) to facilitate the land based disposal of dredged material (marine soft clays) associated with the Cairns Shipping Development Project (“the CSDP”). The CSDP is proposed by the Far North Queensland Ports Corporation (“Ports North”) and provides for capital dredging and land based disposal of dredge material to allow for the deepening and widening of the Trinity Inlet shipping channel, modifications to the swing basin arrangements (including the relocation of the main swing basis to a new Smith’s Creek swing basin), and upgrades to the wharves to enable ships up to 300m in length to berth at the Port of Cairns. The CSDP has the potential to facilitate the growth of cruise, navy and large cargo visits to the Port of Cairns and has a significant economic benefit for the region. The CSDP is a long running project and has been the subject of an Environmental Impact Statement assessment under the State Development and Public Works Organisation Act 1971. The Cairns Regional Council has been involved in the review of the Environmental Impact Statement and has provided input into the Coordinator-General’s evaluation report on the final environmental impact statement (the “CGER”). The current Operational works application is a subsequent approval to the Coordinator General’s evaluation report on the final environmental impact statement for the Cairns Shipping Development Project and is one of a number of applications associated with the CSDP. The current Operational works application is also an associated approval to the Material Change of Use application for Concurrence ERA 16(1)(d) dredging and undefined use (dredging related infrastructure and dredge material placement). Council has undertaken a rigorous assessment of this application and engaged experts to assist and conduct an independent review and provide detailed advice. Throughout the EIS and Operational Works assessment process, the proposal has demonstrated it can be achieved in the manner proposed and will mitigate environmental impacts and flood risks. Based on the thorough assessment undertaken by Council officers, experts and State Agencies, the application is recommended for Approval subject to conditions.

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TOWN PLANNING CONSIDERATIONS Background The associated Material Change of Use application for Concurrent ERA 16(1)(d) and undefined use (dredging related infrastructure and dredge material placement) (“the MCU”) establishes the approval for the use of the site for the land based disposal of dredged material (marine soft clays) associated with the CSDP. The MCU application establishes the overall approval for the development to occur on the Northern Sands site. The purpose of this application is to provide for a detailed approval for the construction of the bund walls around Lake Narelle to facilitate the land based placement of dredged material (marine soft clays) within the NSDMPA. Further detailed application/s for Operational works will be required to address other elements of the CSDP. The site is located adjacent to the Barron River and within the Barron River delta and is subject to inundation under a range of flood events. The flood impacts associated with the construction of the bund wall have been considered and assessed in the associated Material Change of Use application. The CGER provided for bunds with a height of RL 5.5m AHD, however the current application is seeking approval for bunds of a lesser height (generally RL 4.5m AHD) than those contemplated within the CGER. This is due to revised design of the dredge volume which has allowed for a reduction in the total volume requirements for the placement of soft marine clays at the NSDMPA and consequentially a reduction in the necessary bund height. Proposal This Operational works application is seeking a development permit for the construction of earthen bunds surrounding the Lake Narelle void on the existing Northern Sands sand extraction quarry site. The bunds are proposed to be retained temporarily, approximately 2–3 years, to assist with containing the dredged material and providing for requisite water cover and freeboard above the dredged material. The void within the NSDMPA has been created as the result of sand extraction activities associated with the Northern Sands Quarry. The years of sand extraction operations have progressively resulted in the creation of Lake Narelle, which occupies approximately 38 hectares of the site. The existing ground levels on the Northern Sands site and around Land Narelle are generally about RL3.5m AHD, except for where an approved levee exists (adjacent the southern boundary of Lot 5 on SP245573), this levee was approved in association with a previous approval over the Northern Sands site and is approved for maximum height of RL 5.0m AHD. However, the actual height of this levee exceeds RL 5.0m AHD. This non-compliance will be addressed by construction of the NSDMPA, which will reduce the height of this levee, though the construction of the bunds back to RL 5.0m AHD.

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The bunds are proposed to be constructed around the existing void and will have a total length of approximately 4,140m and a height of RL 4.5m AHD, except for where the existing approved landform exceeds this height (adjacent the southern boundary of Lot 5 on SP245573). In this area the bunds will be constructed to a height of RL 5.0m AHD. The site is currently being used for sand extraction and a waste disposal facility. The owner of the site intends to continue operating the area outside the NSDMPA for the Northern Sands quarry and waste disposal facility throughout the duration of the CSDP. The co-location and interaction between the existing and proposed uses over the site has been addressed through conditions imposed on the development permit for Material Change of Use and through the Environmental Authority Permits. The NSDMPA is a critical element of the CSDP. The area will be used for the placement of marine soft clays which have been dredged from Trinity Inlet. The placement of the marine soft clays is approved under separate environmental authorities (EA0001462 & EA0001463). The bunds function as a dredge material and water containment structure and also function to minimise the risk of remobilisation of the placed material in the wet season, when potential Barron River flood events could occur. The Operational Works application is seeking approval for: The construction of the bunds; The installation of a spillway within the bund walls following placement of dredged

material and prior to the commencement of the first wet season; The sequential decommissioning of the bunds; Removal of the bunds to either the pre-existing ground levels (generally RL3.5m AHD)

or the otherwise approved ground level; and Drainage works both within the NSDMPA and the balance of the site associated with

the bund wall construction. The bunds are proposed to be created from existing on-site material and the current application anticipates that material will not be required to be imported to the site to facilitate the bund construction. The construction of the bunds necessitates the removal of a small area (approximately 333m²) of marine plants (Hibiscus tiliaceus) within the adjoining Barron River Esplanade. In addition to the referral of the application to SARA and concurrence agency response and conditions, the CGER included stated conditions for Fisheries Act matters which have been included within the conditions package to address this matter. Conditions The following provides commentary on some of the conditions included within the development permit.

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Associated approvals (Condition 7) The current application is one of many subsequent applications associated with the CSDP. A number of these stand-alone approvals relate to the same site and approve different aspects of the development. The associated approvals have been identified within the conditions to ensure that other relevant requirements are considered. Bund wall construction (Conditions 8 – 10) Conditions have been imposed detailing specific requirements for the construction of the bund walls on site, these include requiring the earthworks and construction to be carried out under the supervision of a suitably qualified professional and for components of the construction to be undertaken within certain time periods (e.g. installation of the spillway prior to the commencement of the wet season). Stockpiling and transportation of fill material (Conditions 11 – 12) Whilst the submitted application did not anticipate stockpiling of earthen material in association with the construction of the bunds on-site, practically, the construction of the bund walls from on-site material will require some temporary relocation and stockpiling of material as the bunds are created. A condition has been imposed limiting the amount of stockpiling that may occur to a volume which is unlikely to have adverse impacts on flood storage or conveyance. Additionally, the application detailed that imported fill was not anticipated for the construction of the bund walls. However, a condition has been imposed that provides a mechanism for the consideration of importation of fill to assist in the bund wall construction (e.g. if on-site materials are deemed to be not suitable by the supervising geotechnical engineer). Geotechnical supervision and certification (Conditions 13 – 17) The location of the bunds adjacent to Lake Narelle, the purpose of the bunds, and the intended re-use of existing on-site materials for the construction necessitates supervision, testing and certification throughout construction. The supervision is to be undertaken by a suitably qualified and experienced geotechnical engineer. Stormwater and Erosion and Sediment Control (Conditions 18 – 20) Whilst stormwater and erosion and sediment control has been considered within the assessment of the MCU application and is required to be addressed within a Site Based Management Plan, specific drainage and erosion and sediment control measures have been conditioned in this development permit. These detailed conditions are specifically relevant to the construction of the bund and associated on-site works.

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Bund wall removal (Conditions 22-25) The bund wall associated with the NSDMPA is temporary. Both the GCER and MCU have included conditions that require the bund wall to be removed a maximum of three years after the completion of construction on the bund wall. This is to limit the risk of potential adverse offsite impacts as a result of flood risk. The removal of the bund wall may only be undertaken in a manner that reduces the risk of remobilisation of dredged material in the event of a Barron River flood. Pre-start meetings / hold points / construction monitoring (Conditions 28-34) A series of pre and post construction inspections and monitoring is required to address a range of potential on-site construction issues. Conditions have been imposed to address these matters. Statement of Reasons The following information is provided in accordance with section 63 of the Planning Act 2016. REASONS FOR DECISION The reasons for this decision are: 1. The proposal demonstrates compliance with the assessment benchmarks of

CairnsPlan Planning Scheme 2016 v1.2; 2. The proposal is for the construction of a component of the broader Cairns Shipping

Development Project which has been the subject of a rigorous Environmental Impact Assessment Process under the State Development and Public Works Organisation Act 1971 and a Material Change of Use assessment under the Planning Act 2016.

ASSESSMENT BENCHMARKS The proposed development was assessed against the following assessment benchmarks of CairnsPlan 2016 :

Assessment Benchmarks

Zone Conservation Rural

Overlays

Acid sulfate soils Airport environs Extractive resources Flood and inundation hazards Landscape values Natural areas

Development codes Excavation and filling Infrastructure works

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NON-COMPLIANCE WITH BENCHMARKS The development was assessed against all of the assessment benchmarks listed above and complies with all of these.

HEADWORKS / CONTRIBUTIONS The proposed development does not trigger Infrastructure Charges.

Sarah Cook Senior Strategic Planner Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s) (#5979836) Available on Council Website

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APPENDIX 2: Concurrence Agency conditions & requirements

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