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Part 8 Overlays

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Part 8 Overlays Part 8 Overlays 8.1 Preliminary (1) Overlays identify areas in the planning scheme that reflect state and local level interests and that have one or more of the following characteristics: (a) there is a strong sensitivity to the effects of development (b) there is a constraint on land use or development (c) there are valuable resources (d) there are particular opportunities for development. (2) Overlays are mapped and included in Schedule 2 (mapping). (3) The changed category of development or assessment, if applicable, for development affected by an overlay is in Part 5 Tables of Assessment. (4) Assessment benchmarks for an overlay may be contained in one or more of the following: (a) a map for an overlay (b) a code for an overlay (c) a zone code (d) a local plan code (e) a development code (5) Where development is proposed on premises partly affected by an overlay, the assessment benchmarks for the overlay only relate to the part of the premises affected by the overlay. 8.2 Overlay codes The overlay codes for the planning scheme are: (a) Acid Sulfate Soils Overlay Code (b) Biodiversity, Waterways and Wetlands Overlay Code (c) Bushfire Hazard Overlay Code (d) Coastal Protection and Scenic Amenity Overlay Code (e) Extractive Resources Overlay Code (f) Flood Hazard Overlay Code (g) Heritage Overlay Code (h) Landslide Hazard Overlay Code (i) Regional Infrastructure Overlay Code 8.2.1 Acid Sulfate Soils Overlay Code 8.2.1.1 Application (1) This code applies to assessable development: (a) subject to the Acid Sulfate Soils Overlay shown on the overlay maps contained within Schedule 2 (Mapping); and (b) identified as requiring assessment against the Acid Sulfate Soils overlay code by the tables of assessment in Part 5 (Tables of assessment). (2) All provisions in this code are assessment benchmarks for applicable assessable development. Editor's Note—the Acid Sulfate Soils Overlay Maps in Schedule 2 (Mapping) identify the following areas potentially subject to acid sulfate soils:­ (a) Area 1 (Above 5 metres to 20 metres AHD); and (b) Area 2 (5 metres AHD or below). NOOSA PLAN 2020 ­ AMENDED AT 25 SEPTEMBER 2020 Page 1 of 44 Editor’s Note—Planning scheme policy for Assessment of Natural Hazards provides advice and guidance for achieving certain outcomes of this code, including guidance for the preparation of an ASS investigation report and management plan. 8.2.1.2 Purpose and overall outcome (1) The purpose of the Acid Sulfate Soils overlay code is to ensure that the generation or release of acid and metal contaminants from acid sulfate soils (ASS) does not have adverse effects on the natural environment, built environment, infrastructure or human health. (2) The overall outcome of the Acid Sulfate Soils overlay code is that development ensures that the release of acid and associated metal contaminants into the environment is avoided by either: (a) not disturbing ASS when excavating or otherwise removing soil or sediment, extracting groundwater or filling land; or (b) treating and, if required, undertaking ongoing management of any disturbed ASS and drainage waters. Table 8.2.1.3 ­ Criteria for assessable development Performance outcomes Acceptable outcomes Avoidance and management of ASS PO1 AO1.1 Development: The disturbance of ASS is avoided by: (a) does not disturb ASS; or (a) undertaking an ASS investigation and soil analysis National Acid Sulfate Soils Guidance (b) is managed to avoid or minimise the release of acid and according to the ; metal contaminants, where disturbance of ASS is (b) not excavating or otherwise removing soil or sediment unavoidable. containing ASS; (c) not permanently or temporarily extracting groundwater that results in the aeration of previously saturated ASS; and (d) not undertaking filling on land at or below 5 metres AHD that results in:­ (i) actual ASS being moved below the water table; or (ii) previously saturated ASS being aerated. Editor's note—National Sampling and Identification Methods Guidelines is a reference to: (a) National Acid Sulfate Soils Guidance: National acid sulfate soils sampling and identification methods manual, Department of Agriculture and Water Resources, Canberra (Sullivan et al, 2018); and (b) National Acid Sulfate Soils Guidance: National Acid Sulfate Soils Identification and Laboratory Methods Manual, Department of Agriculture and Water Resources, Canberra; and (c) the Australian Standard 4969. OR AO1.2 The disturbance of ASS avoids the release of acid and metal contaminants by:­ (a) undertaking an ASS investigation conforming to the National Acid Sulfate Soils Guidance; (b) neutralising existing acidity and preventing the generation of acid and metal contaminants using strategies documented in the Soil Management Guidelines; and (c) preventing the release of surface or groundwater flows containing acid and metal contaminants into the NOOSA PLAN 2020 ­ AMENDED AT 25 SEPTEMBER 2020 Page 2 of 44 Performance outcomes Acceptable outcomes environment. AND Editor's note—Soil Management Guidelines is a reference to the 'Soil Management Guidelines. Queensland Acid Sulfate Soils Technical Manual'. Dear SE, Moore NG, Dobos SK, Watling KM and Ahern CR. Department of Natural Resources and Mines (2002). AO1.3 Where potential or actual ASS is identified, they are managed in accordance with an ASS management plan. 8.2.2 Biodiversity, Waterways and Wetlands Overlay Code 8.2.2.1 Application (1) This code applies to assessable development: (a) subject to the Biodiversity, Waterways and Wetlands Overlay shown on the overlay maps contained within Schedule 2 (Mapping); (b) subject to the protected vegetation overlay area; and (c) identified as requiring assessment against the Biodiversity, Waterways and Wetlands overlay code by the tables of assessment in Part 5 (Tables of assessment). (2) All provisions in this code are assessment benchmarks for applicable assessable development. 8.2.2.2 Purpose and overall outcomes (1) The purpose of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity and ecological linkages across Noosa Shire. (2) The overall outcomes sought for the Biodiversity, Waterways and Wetlands overlay code are: (a) The natural resources and ecosystem values of Noosa Shire are protected and enhanced including ecologically important areas and land and environmental values of scenic, aesthetic, cultural, educational, recreational, scientific, economic and social value. (b) Development is designed, sited, constructed and operated in a way that avoids adverse impacts on ecologically important areas, ecological systems and processes. (c) Development design and layout provides for ecological connectivity across the landscape through the protection, rehabilitation and enhancement of native vegetation and ecological linkages. (d) Ecological linkages and riparian vegetation are conserved, managed, enhanced and rehabilitated to protect and improve biodiversity, ecosystem health, landscape stability and resilience. (e) Development design and layout provides for the protection and establishment of appropriate buffers to waterways, wetlands, native vegetation and significant fauna habitat. (f) The terrestrial and aquatic native flora and fauna and their habitats are protected and enhanced. (g) Development and its associated landscaping provides for the rehabilitation of ecologically important areas, degraded ecosystems and habitats to achieve a functional and healthy ecosystem state that requires minimal human intervention. (h) Development is designed, sited, constructed and operated to avoid or minimise adverse impacts on koalas and their habitat and to provide for connectivity and safety for the long term viability of the koala population. (i) In urban areas, biodiversity values are protected and enhanced to assist with ecosystem health, flora and fauna, urban amenity and quality of life. Editor's Note—Ecologically important areas include Areas of Biodiversity Significance, Riparian Buffer Areas, wetland areas and other values as defined in Schedule 1 Definitions. Wetland areas are also identified on the Queensland Wetland Program mapping. NOOSA PLAN 2020 ­ AMENDED AT 25 SEPTEMBER 2020 Page 3 of 44 Editor's Note—The Planning Act 2016 and Planning Regulation 2017 allow for native forest timber production authorised under the Forestry Act 1959 and the Vegetation Management Act 1999 to generally be conducted without being subject to the provisions of a planning scheme. Table 8.2.2.3 ­ Criteria for assessable development Performance outcomes Acceptable outcomes Ecologically important areas PO1 AO1.1 Development is sited and designed to protect the physical and Ecologically important areas are conserved or improved to ensure ecological integrity and biodiversity of ecologically important areas their ongoing contribution to the natural resources and biological through protection of: diversity of Noosa Shire. (a) existing habitat areas and ecological linkages; and AND (b) existing riparian vegetation, waterways and wetland habitat values. AO1.2 Buildings, structures and associated works are located within existing cleared areas or areas of lowest ecological value. AND AO1.3 Where constructing a dwelling house or community residence, buildings and associated structures are not located on land identified as an area of biodiversity significance on a Biodiversity, Waterways and Wetlands Overlay Map. or Clearing vegetation (other than for a driveway access) does not extend beyond— (a) 30 metres of a habitable
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