table of contents disclosure dnrm 2009act rti€¦ · date of ministerial delegate approval as set...

eLVAS Print File View (Generated on 24 Jan 2018 at 15:10:04)(The print File View contains all items as at the time the File View print was generated))

File Type: Case File File Reference: CF2017/002411 Service Centre: Cairns

Other Ref: Case 2017/002411 (Owners Consent) (Case Closed)

Table of ContentsDate Item Type Computer File Name / Description Case Id Int id

19/07/2017 Client Interaction 000001 Written__Outwards__Case___Email 2017/002411 1506506

19/07/2017 Document 000002 2017_002411_Email_to_GHD___signed_consent_docs 2017/002411 1506506

12/07/2017 Submission 000003 Submission___Owners_consent 2017/002411

12/07/2017 Client Interaction 000004 Written__Inwards__Case___Email 2017/002411 1504135

12/07/2017 Document 000005 Submission___Owners_consent 2017/002411

12/07/2017 Document 000006 Draft_Owners_Consent_letter 2017/002411

12/07/2017 Document 000007 Views_Response___EHP___No_objections 2017/002411 1504135




14/06/2017 Document 000011 Post_Lodgement_Advice_of_AO 2017/002411 1494766

14/06/2017 Document 000012 Views_Request_EHP_2_of_2 2017/002411 1494762

14/06/2017 Document 000013 Views_Request__EHP_1_of_2 2017/002411 1494761



13/06/2017 Document 000016 Email_Acknowledgment 2017/002411 1494366

12/06/2017 Document 000017 Application___support_docs 2017/002411 1494335

12/06/2017 Document 000018 Application___IDAS_forms___supporting_docs 2017/002411 1494335

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Date Item Type Computer File Name / Description Case Id Int id

10/06/2017 Document Confid 000019 Application___Amended_Part_B_page_4 2017/002411




25/05/2017 Document 000023 SmartMap_for_24_RP800895___26_RP804231 2017/002411

25/05/2017 Document 000024 Current_Title_21482030__26_RP804231_ 2017/002411

25/05/2017 Document 000025 Current_Title_21442055__24_RP800895_ 2017/002411

25/05/2017 Document 000026 Acknowleging_DNRM_email_25_5_17 2017/002411 1488974

25/05/2017 Document 000027 Email___Request_for_IDAS_forms 2017/002411 1488828

25/05/2017 Document 000028 Application___Email_attaching_amended_Part_A 2017/002411 1488828

25/05/2017 Document 000029 Application___Amended_Part_A 2017/002411 1488828

25/05/2017 Document 000030 Plan___RP804231 2017/002411

25/05/2017 Document 000031 Plan___RP800895 2017/002411

24/05/2017 Document 000032 Application___Email_Cover_Letter 2017/002411 1488805

24/05/2017 Document 000033 Application___Owners_Consent_Parts___B 2017/002411 1488805

17/03/2017 Document 000034 SPL_1216_035975_Pre_lodgement_advice 2017/002411 1470171

17/01/2017 Document 000035 SPL_1216_035975___DNRM_Technical_Agency_Advice 2017/002411 1451198

12/01/2017 Document 000036 Email___SLAM_response_to_RE_SPL_1216_035975_Road_a

10/01/2017 Document 000037 Email___SPL_1216_035975___DNRM_SLAM_Concerns 1449159

22/12/2016 Document 000038 Request_for_technical_advice___Rd_ajd_L26_RP804231 2017/002411 1447247

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eLVAS Client Interaction ReportFor Interaction id: 1506506

Contact Details

Business unit: State Land Asset ManagementBusiness context: Written (Outwards) CaseInteraction method: EmailInteraction date: 19-Jul-2017 4:36 PMEntered by: Holder, Deanna DawnReference:

Contact with: GHD Pty Ltd, Cairns

Documents

Document Type Title Received/SentOutgoing email 2017-002411 Email to GHD - signed

consent docs19-Jul-2017

Interaction Record History

Service Centre: Innisfail

Associated to Case: 2017/002411

Revision No.: 0Updated by: Holder, Deanna DawnDate: 19-Jul-2017Details:

Assignment History

Interaction: 1506506 Page: 1 of 1 Printed: 24-Jan-2018

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1

ORELLANA Jose

From: HOLDER DeannaSent: Wednesday, 19 July 2017 4:31 PMTo: '[email protected]'Cc: GEISLER GraemeSubject: Application for owner's consent - Cairns Regional CouncilAttachments: SKM_C36817071916310.pdf

TrackingTracking: Recipient Delivery

'[email protected]'

GEISLER Graeme Delivered: 19/07/2017 4:31 PM

Kylie, Please find attached signed owner’s consent documents to accompany the development application for operational tidal works. Regards Deanna Holder Senior Land Officer, State Land Asset Management Service Delivery - North Region

NEW Telephone: 07 4016 1903 Qnet:31903 Facsimile: 07 4016 1940

Email: [email protected] Department of Natural Resources and Mines 88 Rankin Street, Innisfail Q 4860 P O Box 5318, Townsville Q 4810 From 1 October 2013, please forward all new applications to change tenure or for use of State land administered under the Land Act to the central point of lodgement. The central point of lodgement email address is [email protected] For more information please refer to the information sheet Lodgement of applications for State land dealings under the Land Act.

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Release

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sch4p3( 3) Prejudice the protection of an individuals right to privacy

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eLVAS Submission ReportFor Case id: 2017/002411

Submission Details

Type: SubmissionTitle: Submission - Owners consentCreated: 12-Jul-2017Submitted: 12-Jul-2017 Submitted By: Geisler, Graeme

Actioning Officer's Recommendation:In accordance with Schedule 2 (Powers Delegated # public business of the state) of the Land Act (Ministerial)delegations, it is recommended to advise Kylie Cauchi of GHD that owner#s consent is given for the purposesof Section 51(2) of the Land Planning Act 2016 advising that the consent expires at a date six months from thedate of Ministerial delegate approval as set out in the attached draft approval letter.

Graeme Geisler 12 July 2017Administration OfficerHughenden

Optional Recommendation Document:Submission - Owners consent

Documents

Component Document Type Title Received/Sent

Incoming email Request for technicaladvice - Rd ajdL26/RP804231

22-Dec-2016

Incoming email Email -SPL-1216-035975 -DNRM SLAMConcerns

10-Jan-2017

Internal Document/Report Email - SLAMresponse to RESPL-1216-035975Road a

12-Jan-2017

Incoming email SPL-1216-035975 -DNRM TechnicalAgency Advice

17-Jan-2017

Incoming email SPL-1216-035975Pre-lodgement advice

17-Mar-2017

Application Application - OwnersConsent Parts & B

24-May-2017

Application Application - EmailCover Letter

24-May-2017

Maps/Plans/Sketches Plan - RP800895 25-May-2017Maps/Plans/Sketches Plan - RP804231 25-May-2017Internal Document/Report Current Title

21442055 (2425-May-2017

Case: 2017/002411 Page: 1 of 3 Printed: 24-Jan-2018

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RP800895)Internal Document/Report Current Title

21482030 (26RP804231)

25-May-2017

Internal Document/Report SmartMap for 24RP800895 & 26RP804231

25-May-2017

Application Application -Amended Part A

25-May-2017

Application Application - Emailattaching amendedPart A

25-May-2017

Outgoing email Email - Request forIDAS forms

25-May-2017

Incoming email Acknowleging DNRMemail 25/5/17

25-May-2017

Application Application -Amended Part B page4

10-Jun-2017

Application Application - IDASforms + supportingdocs

12-Jun-2017

Incoming email Application - supportdocs

12-Jun-2017

Outgoing email EmailAcknowledgment

13-Jun-2017

Outgoing email Views Request EHP1 of 2

14-Jun-2017

Outgoing email Views Request EHP 2of 2

14-Jun-2017

Post-lodgement PostLodgement/Advice ofAO

14-Jun-2017

Incoming email Views Response -EHP - No objections

12-Jul-2017

Internal Document/Report(Draft)

Draft Owners Consentletter

12-Jul-2017

Case issues

No case issues

Case notes

No case notes

Applications

Application Id Application Type Status Primary

1 Owner's Consent Approved by MD Y

Decision: Approved by MD Decision Date: 19-Jul-2017Case: 2017/002411 Page: 2 of 3 Printed: 24-Jan-2018

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Basis for Decision:

Public Business of the State

Additional Comments:Following consideration of the attached submission and in accordance with Schedule 2 (Powers Delegated #public business of the state) of the Land Act (Ministerial) delegations, it is approved to advise Kylie Cauchi ofGHD that owner#s consent is given for the purposes of Section 51(2) of the Land Planning Act 2016 advisingthat the consent expires at a date six months from the date of Ministerial delegate approval as set out in theattached SLO signed approval letter.

Declaration:I have considered the relevant legislation, policies and work instructions and have made my decision

Holder, Deanna DawnSenior Land OfficerDepartment of Environment and Resource ManagementIn accordance with Land Act (1994)

No Actions

Additional commentsNone

Case: 2017/002411 Page: 3 of 3 Printed: 24-Jan-2018

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Contact Details

Business unit: State Land Asset ManagementBusiness context: Written (Inwards) CaseInteraction method: EmailInteraction date: 12-Jul-2017 1:07 PMEntered by: Geisler, GraemeReference:

Contact with: Department of Environment and He, EHP- PALM Views

Documents

Document Type Title Received/SentIncoming email Views Response - EHP - No objections 12-Jul-2017


Service Centre: Hughenden


Revision No.: 0Updated by: Geisler, GraemeDate: 12-Jul-2017Details:

Assignment History


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eLVAS case ID: 2017/002411 Lodgement Date: 12 June 2017 File Reference: Application details

Lodger's Name: Kylie Cauchi, GHD Applicants Name: Douglas Shire Council

Application Land: (from application form Part A)

Unallocated State Land (USL) of the Mossman and Mossman South Rivers adjacent to Lot 26 on Registered Plan 804231 and Lot 24 on Registered Plan 800895 and the Road Reserve of Junction Road, Mossman

Property Information – ATS Search details NOTE - this section does not need to be completed if application over unallocated State land that is tidal land/land below HWM

Tenure Details: Lot/Plan Title Ref: County: Parish: Area: Holders name: Purpose: Encumbrances: (namely secondary interests, caveats, writs)

Adjoining property Information (If required) NOTE - this section may not need to be completed if application is NOT over a road or tidal land/land below HWM

Lease No:

Lot/Plan

Lot 26 on Registered Plan 804231 Lot 24 on Registered Plan 800895

Title Ref: 21482030 21442055

County: Parish: Area: Holders name: Purpose: Encumbrances: (namely secondary interests, caveats, writs)

Refer to title searches

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Existing Cases and Previous Consent

Check eLVAS, case files, and tenure files for previous consents Has an application for (the previously required) evidence of resource entitlement/owners consent been previously made? Was the application refused? If yes, has circumstances changed? Has previous consent been given for (the previously required) evidence of resource entitlement/owners consent?

Yes No

Provide Details here: Has the 6 months since the (the previously required) evidence of resource entitlement/owners consent was provided lapsed? Are there any previous or current case/s over the area, including that may affect an application for owners consent e.g. an application for transfer?

Yes No

Provide Details here: Is tenure required? If no tenure is required, will the applicant be the person to occupy the land. Does the current application relate to an area already subject to a tenure or secondary interest e.g. trustee lease, sublease, easement under the Land Act 1994 and the purpose and conditions and terms of that tenure or secondary interest support the proposed use of the development application?

Yes No

Provide Details here: Is the applicant the holder of an appropriate tenure or a secondary interest that would support the proposed development in the state land e.g. lessee or sublessee of a Land Act 1994 lease, trustee of a reserve or deed of grant in trust, grantee of an easement?

Yes No

Provide Details here: Has an application for appropriate tenure been made? Has an offer been made and accepted?

Yes No

Provide Details here: Owner’s consent where tenure is required for the development may not be given unless the department has made an offer and the applicant has accepted that offer. Make sure this application does not conflict with any current or previous applications. If previous consent given to similar proposal that hasn’t past the expiration date of the consent, upload any previous consents to the case file. Additional Comments: Application is for operational works including tidal for reconstruction of embankments on Mossman and Mossman South Rivers and associated works

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Interested parties views Including to refer to Memorandum of Agreement with EHP and DAFF(Fisheries) for tidal works – note that for some tidal works, EHP provides owners consent e.g. for a private residential jetty adjoining private residential land

Do you need to seek interested parties views? Yes No Provide Details here:

Interested party Views Comments: Not required

Department of Agriculture, Fisheries and Forestry Views

Comments:

EHP Comments: No objections

Other allocations or authorities

Are there any other allocations or authorities required under other Acts e.g. a water allocation under the Water Act, sales permit for quarry material under the Forestry Act, a marine park permit that the applicant

needs to be advised of? Yes No Provide Details here: Application indicates that these have been applied for.

Preliminary Checks

Development Application Have we received the whole development application (all parts – DA Form 1 + the other DA forms relevant to the application)? Refer to DA Forms Webpage Yes No If YES - What were the other forms lodged?

Provide Details here: IDAS 1, 11, 23, 27, Report

If NO – contact lodger/applicant to obtain other forms. Forms lodged after contact client Provide Details here:

If the applicant is acting on behalf of a person, has a letter from that person advising the lodger is acting

for and on behalf of? Yes No Provide Details here: (Such letter is required) If the development application relates to a secondary interest eg. sublease, trustee lease etc, have we

received a letter from the lessee, trustee etc that they support the application? Yes No Provide Details here:

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Native Title

Native title will need to have been addressed as part of any issue or offer of tenure. Accordingly SLAM are not required to assess native title when providing owners consent. The assessment managers are responsible for addressing native title for any development assessment. In the limited circumstances when tenure is not needed, SLAM also does not need to address native title – as mentioned, the assessment manager is required to address native title for any development assessment.

Any other comments regarding the development application (i.e. to support providing consent or to refuse the application)

If there is no tenure, including if no tenure is required, is the applicant occupying the land?

Provide Details here: Yes No

A note is required if the applicant is occupying the land – if the necessary tenure or authority is not obtained by the applicant, you will need to ensure the applicant vacates the land and is not occupying the land without authority.

Is this a request for S86(2)(b)(ii) – request to extend period of an existing approval? Yes No Is this a request to change a development application – S52(2) or to change a development approval S79(1)(b)(iii)?

Yes No

If so, owner’s consent is required. You would have proceeded in eLVAS as an addition to the original resource entitlement/owners consent case and have requested that case to be reopened. Please note if the applicant applies for consent to change a development application that was lodged and is being assessed under the Sustainable Planning Act 2009, such consent will be given as continued by section 288 of the Planning Act 2016 (PA) (Please refer to the current Ministerial Delegation) Depending on the proposed extension or change, the request is to proceed similar to an application for owners consent. The request to extend or change needs to be consistent with the tenure or secondary interest, or if no tenure is required, consistent with the initial use. A change must be only minor and generally may not include additional land i.e. the change to the development approval must only apply to the land subject to the original development application to which evidence of resource entitlement/owners consent was initially provided. Provide a description of the proposed development

Application is for operational works including tidal for reconstruction of embankments on Mossman and Mossman South Rivers and associated works

Note: reconfiguration of a lot subject to the Land Act (apart from in some circumstances for a development application involving a deed of grant in trust e.g. for a trust lease over 10 years) is not assessed under the Land Planning Act 2016 i.e. a development application is not required, and the dealing must proceed under the Land Act.

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lease (including a freeholding lease) reserve or deed of grant in trust under the Land Act 1994 where the department acts on behalf of the state as the lessee or trustee of the land

Deed of Grant in trust (including trustee lease, easement) Lease (including sub lease, easement) Reserve (including trustee lease, easement)

a lease under the Land Act 1994 (including a freeholding lease) reserve or deed of grant in trust if the lessee or trustee is not or does not represent the state

Deed of Grant in trust (including trustee lease, easement) Lease (including sub lease, easement) Reserve (including trustee lease, easement)

strategic port land under the Transport Infrastructure Act 1994, other than freehold land

a permit to occupy or licence under the Land Act 1994 Permit to occupy Licence eg Road Licence or Occupational Licence

Note: a development application would not normally be appropriate for a permit to occupy or a licence as these tenures are for low impact activities, and not activities associated with a development application.

land held in fee simple by the state where the department administers the freehold on behalf of the state

unallocated state land under the Land Act 1994 including land below high water mark but excludes some Items including a non tidal boundary watercourse as defined under section 13A of the Land Act

a road (other than a state-controlled road) or stock route)

Other - the application will need to be referred to the relevant Department.

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Note - Any additional information/comments will need to be attached to this submission on a separate document. END DOCUMENT

Endorsement Please select ONE option and delete the rest (see Land Act (Ministerial) Delegations Schedule 2): For owners consent In accordance with Schedule 2 (Powers Delegated – public business of the state) of the Land Act (Ministerial) delegations, it is recommended to advise Kylie Cauchi of GHD that owner’s consent is given for the purposes of Section 51(2) of the Land Planning Act 2016 advising that the consent expires at a date six months from the date of Ministerial delegate approval as set out in the attached draft approval letter. Graeme Geisler 12 July 2017 Administration Officer Hughenden

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Author: Graeme Geisler File number: 2017/002411 Directorate / Unit: State Land Asset Management Phone: (07) 4741 1657 12 July 2017 GHD Pty Ltd PO Box 819 Cairns QLD 4870 By email: [email protected] Dear Kylie Reference is made to the request for owners consent required to accompany the development application for operational works, including tidal on the Unallocated State Land (USL) of the Mossman and Mossman South Rivers adjacent to Lot 26 on Registered Plan 804231 and Lot 24 on Registered Plan 800895 and the Road Reserve of Junction Road, Mossman for reconstruction of embankments on Mossman and Mossman South Rivers and associated works. The department hereby gives owner’s consent to the above development application for operational works, including tidal on the Unallocated State Land (USL) of the Mossman and Mossman South Rivers adjacent to Lot 26 on Registered Plan 804231 and Lot 24 on Registered Plan 800895 and the Road Reserve of Junction Road, Mossman for reconstruction of embankments on Mossman and Mossman South Rivers and associated works. Although owners consent to the development application has been provided and no tenure under the Land Act is required, your client is to undertake works on the land only if and when the development application has been approved by the assessment manager, and in accordance with the conditions of that approval. A copy of this letter is to be attached to your DA Form 1 as the required evidence of owners consent. Your client will also need to comply with all other legislative and regulatory requirements which may also include approvals that are not part of the assessment of the development application under the Planning Act 2016 e.g. a marine park permit if in a marine park. Further, please note that the above consent will expire on 12 January 2018. Should the development application not be lodged with the assessment manager prior to this date, you or your client will be required again to lodge the DA Form 1 and any attachments with this

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Department with a further request for owners consent - any further request will need to be reconsidered by the Department. It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage Act 2003 or the Torres Strait Islander Heritage Act 2003. Finally, owner’s consent is required under the Planning Act 2016 to enable the application to be considered properly made for lodging with the assessment manager and is a completely separate process to assessment of the application under the Planning Act 2016. Accordingly, the State may act at a later date as assessment manager or referral agency in the assessment of the development application - providing owners consent will not influence any role the State may have in this development assessment. If you wish to discuss this matter please contact Graeme Geisler on (07) 4741 1657. All future correspondence relative to this matter is to be referred to the contact Officer at the address below or by email to [email protected]. Any hard copy correspondence received will be electronically scanned and filed. For this reason, it is recommended that any attached plans, sketches or maps be no larger than A3-sized. Please quote reference number 2017/002411 in any future correspondence. Yours sincerely Deanna Holder Senior Land Officer A duly authorised delegate of the Minister under the current Land Act (Ministerial) Delegation

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ORELLANA Jose

From: GARNETT DanSent: Wednesday, 12 July 2017 12:23 PMTo: GEISLER GraemeCc: FLINDERS ReneeSubject: 2017/002411: REQUEST FOR OWNER'S CONSENT – TIDAL WORKS FOR THE

RECONSTRUCTION OF RIVERBANK

Hi Graeme Please see EHP response below. __________________ Agency views – Advice to Department of Natural Resources and Mines. DNRM Ref #: 2017/002411 Reference #: CSAP06799117

Location: Lot 26 RP804231 and Lot 24 RP800895 Mossman. Application: REQUEST FOR OWNER’S CONSENT –TIDAL WORKS FOR THE RECONSTRUCTION OF RIVERBANKApplicant: Douglas Shire Council The Department of Environment and Heritage Protection offers no objection to the issue of owner’s consent at the above location. This advice does not affect functions the Department of Infrastructure, Local Government and Planning may exercise as a concurrence agency. Please do not hesitate to contact Renee Flinders (3330 5025 or [email protected]) of this office, if you wish to discuss any of the issues.

Dan Garnett A/Principal Environmental Officer, Coastal and Marine Assessment Industry and Development | Environmental Services and Regulation Department of Environment and Heritage Protection ---------------------------------------------------------------- P 07 3330 5708 Level 8, 400 George St, Brisbane QLD 4000 GPO Box 2454, Brisbane QLD 4001

…make the move

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Contact Details

Business unit: State Land Asset ManagementBusiness context: Written (Outwards) CaseInteraction method: EmailInteraction date: 14-Jun-2017 9:50 AMEntered by: Geisler, GraemeReference:

Contact with: GHD Pty Ltd, Cairns

Documents

Document Type Title Received/SentPost-lodgement Post Lodgement/Advice of AO 14-Jun-2017




Revision No.: 0Updated by: Geisler, GraemeDate: 14-Jun-2017Details:

Assignment History


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Contact Details



Documents

Document Type Title Received/SentOutgoing email Views Request EHP 2 of 2 14-Jun-2017





Assignment History


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Contact Details



Documents

Document Type Title Received/SentOutgoing email Views Request EHP 1 of 2 14-Jun-2017





Assignment History


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ORELLANA Jose

From: GEISLER GraemeSent: Wednesday, 14 June 2017 9:46 AMTo: 'Kylie Cauchi'Subject: RE: Mossman Water Treatment Plant Lodgement for DA

Good Morning Kylie I wish to advise that I have been allocated the following case for Owner’s Consent:

Case Number Description of Land

2017/002411 The Esplanades and USL of Mossman and South Mossman Rivers, the Road Reserve of Junction Road, Mossman. Adjoining Freehold Lots are Lot 26 on RP804231 and Lot 24 on RP800895

I will contact you further as matters progress, however, if you require any information about the processing of this application, please let me know. I have today requested the views of the Department of Environment and Heritage Protection. Under the Memorandum of Understanding between our department’s they have until 12 July to provide those views. Regards

Graeme Geisler Administration Officer State Land Asset Management | North Region Department of Natural Resources and Mines

T 07 4741 1657 E [email protected] Brodie St | Hughenden Qld 4821 PO Box 5318 Townsville Qld 4810

From: Kylie Cauchi [mailto:[email protected]] Sent: Monday, 12 June 2017 10:10 AM To: [email protected]; SLAM Lodgement <[email protected]> Cc: Andrew Small <[email protected]>; [email protected]; Iain Brown <[email protected]>Subject: Mossman Water Treatment Plant Lodgement for DA Dear Sir/Madam Please find attached required documentation as per DILGP prelodgement advices SPL‐1216‐035975 for Mossman Water Treatment Plant Riverbank Stabilisation Works on behalf of Douglas Shire Council as Assessment Manager. SLAM Case Reference 2017/002411 is also quoted for Owners Consent application processing. This project is coordinated by Scott Hahne, Project Engineer, Douglas Shire Council. Regards Kylie Cauchi Senior Environmental Scientist

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GHD T: 61 07 4044 2209 | V: 422 209 | M: | E: [email protected] 1st Floor 85 Spence Street PO Box 819 CAIRNS QLD 4870 Australia | www.ghd.com WATER | ENERGY & RESOURCES | ENVIRONMENT | PROPERTY & BUILDINGS | TRANSPORTATION You don't have to be a hippy to be GREEN. Do you really need to print this email?

_____________________ CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be privileged. If you are not the intended recipient please notify the sender immediately, and please delete it; you should not copy it or use it for any purpose or disclose its contents to any other person. GHD and its affiliates reserve the right to monitor and modify all email communications through their networks. _____________________

sch4p3( 3) Prejudice the protection of an individuals right to privacy

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