Owner's Consent for Tidal Works on State Land Below the High Water Mark

Application form Planning Act 2016

Owner’s consent for tidal works on State land below the high water mark

A development application for tidal works, including prescribed tidal work that is at least partly on land below the high water mark is required to be supported by the land owner’s consent 1 under s. 51 of the Planning Act 2016. This form is to be used when owner’s consent is required from the Department of Environment and Heritage Protection (EHP) for private marine development adjoining privately owned land.

For more information about when owner’s consent is required for a development application, refer to the Department of State Development Infrastructure and Planning website’s fact sheet ‘Development assessment—owner’s consent’ http://www.statedevelopment.qld.gov.au/resources/factsheet/planning/da-owners-consent.pdf.

1. Applicant details

NAME OF APPLICANT (MUST BE LAND OWNER) CONTACT PERSON

APPLICANT’S POSTAL ADDRESS POSTCODE

TELEPHONE (BUSINESS HOURS) MOBILE FACSIMILE

EMAIL ADDRESS

2. Location of proposed works

STREET ADDRESS

LOT PLAN

NAME OF WATERWAY IN WHICH WORKS ARE PROPOSED

LOCAL GOVERNMENT AREA

1 Owner’s consent is evidence that the owner of the land that is the subject of a development application has consented to the making of the application. The Department of Environment and Heritage Protection can provide owner’s consent for State owned land under tidal water on behalf of the Department of Natural Resources and Mines.

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3. Description of the proposed work Type(s) of structure(s) proposed: Jetty Pontoon Boardwalk Boat ramp Deck Mooring pile structure

Is the proposed work for a marine access purpose only? YES NO

2 Is the proposed work for a private purpose only? YES NO

Is the proposed work located outside of a canal? YES NO

Is the proposed work partly or wholly within a Strategic YES NO Port Land tidal area?

Is the proposed work partly or wholly within a marine YES - Go to Appendix 1 NO park3?

Mark the code for the works identified in Appendix 1and 1 Proceed to the next step and note that a proceed as instructed Marine Park Permit is also required for construction of the proposed structure.

2 Application is refused – do not proceed

3 Seek a Marine Park permit and ONLY proceed when a permit has been obtained.

Marine Park permit number:

Is the proposed work partly or wholly within a declared YES NO Fish Habitat Area?

4. Dimensions of the proposed work4

Distance (in metres) of mooring structure from high water mark if not m connected to land

Length of the proposed works (from the high water mark to the seaward end) m

5 Width of the proposed structure m

2 Private purpose means a purpose related only to (a) use of a boat used only for recreation and/or (b) use of land, if the use is only for residential purposes (defined in the Coastal Protection and Management Act 1995). 3 Refer to Appendix 1 - Owner’s consent for proposed work that is partly or wholly within a marine park. 4 Please specify distances and width in meters. Stating ‘refer to attached plans’ is not sufficient. 5 Width refers to the dimension of the structure parallel to the waterfront boundary of the lot to which it is connected.

of 7 • ESR2015/1580 • Version 5.02 • Effective: 15 APR 2016 Department of Environment and Heritage Protection Application form Owner’s consent for tidal works on State land below the high water mark 5. Existing tidal works

Are there existing tidal works connected to the land (lot YES NO in part 2)?

6 Are the existing works approved (see note 6 below for YES NO further information)?

Permit number for existing tidal works (if applicable)

6. Declaration Note: If you have not told the truth in this application you may be liable for prosecution under the relevant Acts or Regulations.  I declare that the information provided is true and correct to the best of my knowledge  I have prepared a water allocation area plan in accordance with the EHP Guideline: Preparing a water allocation area for tidal works in natural waterways7.  I understand that all information supplied on or with this application form may be disclosed publicly in accordance with the Right to Information Act 2009 and the Evidence Act 1977.

APPLICANT’S FULL NAME

DATE APPLICANT’S SIGNATURE

7. Applicant checklist Please return your completed application form IMPORTANT Please provide the and supporting information to: following documents: Permit and Licence Management One copy of supporting information Department of Environment and Heritage and drawings certified by a registered Protection professional engineer of Queensland GPO Box 2454 (RPEQ) Brisbane QLD 4001 Enquiries: 13 QGOV (13 74 68) AND Fax: (07) 3330 5875 For tidal water administered by the Email: [email protected] Gold Coast Waterways Authority

6 The procedure for applicants to obtain details of approved tidal works is to contact the relevant local government. EHP has provided local governments with data on previous approvals. However for specific details of previous approvals applicants may need to search EHP’s records, fees apply. Application and payment can be made via the Smart Service Queensland website: https://www.qld.gov.au/dsiti/about-us/business-areas/smart-service-queensland/ 7 The EHP Guideline: Preparing a water allocation area for tidal works in natural waterways can be found on the EHP website: http://www.ehp.qld.gov.au/coastal/development/guidelines.html

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(GCWA) - a copy of the early concurrence advice stating that the water allocation area is suitable for the intended structure7.

NOTE: EHP will retain these copies for reference.

of 7 • ESR2015/1580 • Version 5.02 • Effective: 15 APR 2016 Department of Environment and Heritage Protection Application form Owner’s consent for tidal works on State land below the high water mark Appendix 1 - Owner’s consent for proposed work that is partly or wholly within a marine park

A marine parks permit is required for all work that is proposed to be located partly or wholly within a marine park. It is recommended that you establish whether or not a marine parks permit is required prior to applying for owner’s consent to avoid applying unnecessarily. Follow the steps below to establish how to proceed with the owner’s consent application.

Step 1 Refer to the relevant marine park zoning plan to determine if the owners consent application area is within a State marine park and if so, the relevant zone.

The zoning plans for each marine park can be obtained from the following links:

Moreton Bay Marine Park http://www.npsr.qld.gov.au/parks/moreton-bay/zoning/pdf/map1-zoning.pdf Note. A digital layer containing the zoning and boundary for the Moreton Bay Marine Park is available on http://qldspatial.information.qld.gov.au/catalogue/custom/index.page - search for Moreton Bay Marine Park Zoning 2008.

Great Sandy Marine Park http://www.npsr.qld.gov.au/parks/great-sandy-marine/pdf/great_sandy_zoning.pdf Note. A digital layer containing the zoning and boundary for the Great Sandy Marine Park is not currently available.

Great Barrier Reef Coast Marine Park http://www.gbrmpa.gov.au/zoning-permits-and-plans/zoning/zoning-maps Note. A digital layer containing the zoning and boundary for the Great Barrier Reef Coast Marine Park is available on http://qldspatial.information.qld.gov.au/catalogue/custom/index.page - search for Great Barrier Reef Coast Marine Park Zoning

of 7 • ESR2015/1580 • Version 5.02 • Effective: 15 APR 2016 Department of Environment and Heritage Protection Application form Owner’s consent for tidal works on State land below the high water mark Step 2 Based on the marine park and the marine park zone that the tidal works are proposed within, identify the code in the table below and proceed to Step 3.

Marine Park Great Barrier Reef Moreton Bay Great Sandy Coast Marine park Private deck, Private jetty, pontoon, Private jetty, pontoon, zone Private jetty, boardwalk or boat ramp, deck, boat ramp, deck, pontoon or mooring pile boardwalk or mooring boardwalk or mooring boat ramp structure pile structure pile structure

General use 1* 1* 1* 1* Habitat 2 3 1* 1* protection Estuarine N/A N/A N/A 3 conservation Conservation 2 3 3 3 park Buffer N/A N/A 3 3 Scientific N/A N/A N/A 3 research

Marine 2 3 3 3 National Park

Preservation N/A N/A N/A 3

*Applies to applications for single structure extending from a single lot. If the application is for multiple structures from a single lot then code 3 is to be applied. N/A – This marine park does not include this zone category.

of 7 • ESR2015/1580 • Version 5.02 • Effective: 15 APR 2016 Department of Environment and Heritage Protection Application form Owner’s consent for tidal works on State land below the high water mark Step 3 The action you will need to take for the code applicable to the proposed works is listed below. Refer to this and return to Part 3 of the form.

1 – Proceed with lodging an application for owner’s consent. The installation of the structure will require a permit application for works within the marine park to be submitted to Queensland Parks and Wildlife Service (QPWS) for assessment. Marine parks permit application forms and further information on the application process can be obtained by emailing [email protected]. You can apply for the marine parks permit at the same time as the owner’s consent/development application for tidal works.

2 – It is recommended that you do not proceed with the owner’s consent application as it will be refused on the basis that a marine parks permit cannot be granted. The Marine Park (Moreton Bay) Zoning Plan 2008 legislatively prohibits the construction of a private boat ramp, jetty or pontoon within all zones of the Moreton Bay Marine Park except for General Use zones. Should you require further information regarding the relevant zoning plan provisions email [email protected].

3 – Owner’s consent will not be granted until it can be demonstrated, through provision of a valid marine park permit for the structure, that the proposed structure is compatible with the management of the marine park.

Email [email protected] to obtain marine park permit application forms and further information on the application process. Attach the marine parks permit to the application for owner’s consent for tidal works on State land below the high water mark.

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