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DECISION NO. CABINET MINUTE BRISBANE, .¢J / ...5 / 19/tf' Department of Harbours and Marine - Gravel Dredging -----------------------(Submission No. ¥ J??7.5 ) a.m. vjO Coples Received at /-Z -e.' c p.m. :opies Made CIRCULATION DETAILS GOVERNOR Decision _p· .le 1 21 ' ' • I ~I 2 MR. AHERN 22 1-1 • I •.4 3 23 ·6-_) MR _ t::.Ill\11\1 ~ ~( 4 MR. GIBBS 24 /Jn;--t 5 MR. GLASS Of" 25 6 MR. AUSTIN 26 7 MR. LESTER 27 MR. TENN! 8 28 9 MR. HARPER 29 10 t·lR. MUNTZ 30 1 1 31 MR. MCKECHN TE 12 MR. KATTER 32 13 MR. NEAL t 33 14 MR. CLAUSON 34 15 MR. BORBIDG ::: 35 16 MR. RANDELL ! 36 17 MR. COOPER 37 18 MRS. HARVEY 38 19 MR. LITTLEP ~OUD 39 20 Master File 40 Inches 7 cm '1 7 Kodak Color Control Patches Blue Cyan Green Yellow White 3/Color Slack I. :,_. .;I I -· - ) ., .' n 3 i ~ en c: ..... CD ~ Q. N GI .... (") ~ ~ n :::s 0 - ~ ,0 G> n en ca CD 0 ::s ::J ar+ Copy Noo 2 Q C 0 tJ F I D E N T I A L C A B I N E T M I N U T E Brisbane, 23rd May, 1988 Decision Noo 54312 TITLE: Departm~nt of Harbours and Marine Submission No. 48975 - Grave l Dredg ing - Mary Rivero ~ 0 2. 0 CABINET decided:- ~ J m~ • •• That furthe r consideration of tho cont8nts of the lf Submission be deferrGd until the Meeting of Cabin0t to be held on 30th May, 1988. CIRCULATION: Depnrtmcnt of Harbours and Ma rine and copy to Minister, Pre mie r's De partment and copy to Prem ier and Treasurer. Departme nt of Local Government and copy to Ministe r. All other Ministers for perusal and r e turn. 1,f(_/.J.--/ Ce rtif iad True Gopy lil ...,s · il aJ "' c:- .... CD ~ 2- N .... (') ~ ~ n :::J 0 ,0- G> (iJ CD :::J SECURITY CLASSIFICATION "C" Submission No. CONFIDENTIAL Copy No. ..... ·2. \ FOR CABINET DEPARTMENT OF HARBOURS AND MARINE GRAVEL DREDGING - MARY RIVER 1. Mr. Arnold Johnston, 302 The Corso, Yeronga, Brisbane applied to The Marine Board of Queensland pursuant to the Queensland Marine Act for approval to dredge sand and gravel from the Mary River <from the Lamington Bridge to Kent Street) on June 4, 1984. At that time there was very strong local opposition to the proposed dredging subsequent to the dredging application being received. A number of representations was made to the then Minister for Water Resources and Maritime Services, by Mr. Gilbert Alison, M.L.A., Member for Maryborough, objecting to the proposal. / Cabinet decided by Decision No. 47533 dated November 18, 1985 that the applicant <Mr. Johnston) be advised that Section 6 7 of the Harbours Act was considered to be the appropriate provision relating to the control of dredging material from tidal rivers and that the Harbours Corporation (constituted as a corporation sole by the Minister for Mari time Services and Water Resources) would not be prepared to issue a dredging permit for the area in question. 3. An inter-related matter at that time was an application made by Mr. Johnston to the Maryborough City Council for consent to use an area of land on Lots 1 & 2 Ann Street, Maryborough for a sand and gravel plant. The Maryborough City Council refused to consent to the use of the l and for this purpose on the grounds of road usage, flooding (causing the washing of gravel onto the neighbouring cane farms), non-compatibility with adjacent meat works etc. However Mr. Johnston appealed to the Local Government Court and the Court ~ubsequently upheld Mr. Johnston's appeal. 4. Mr. Johnston applied on December 24, 1987 for approval pursuant to the provisions of Section 86 of the Harbours Act to construct wharf structures, berthing dolphins and a rock revetment wall associated with a proposed sand and gravel plant at Lots 1 & 2 Ann Street, Maryborough. 5. No application has been received from Mr. Johnston for a reconsideration of Cabinet's previous decision with respect to the issuing of dredging permit for the area of river from Lamington Bridge to Kent Street or for a permit to dredge sand and gravel from elsewhere on the Mary River but discussions with his Solicitor have indicated that one may be forthcoming. 6. Representations have recently been made to me by Mr. Gilbert Alison, M.L.A., Member for Maryborough, on behalf of local residents expressing concern that Mr. Johnston intends seeking a permit to dredge the Mary River in t he area applied for previously. CD c:- CD ~ a. GI () ~ ~ n :l 0 0- ~ ()' CD Q ~ ::J r+ a- cf. -0 = QJ i rr ::r CD tn 2. 7. Section 86 of the Harbours Act requires that persons wishing to construct works on tidal lands first obtain the Sanction of the Governor in Council and further provides that the Governor in Council may grant approval of the proposed works subject to any restrictions or conditions he deems necessary whether for the preservation of any public right or otherwise. 8. The application submitted by Mr. Johnston for approval pursuant to Section 86 of the Harbours Act complies with all the administrative requirements necessary to be completed prior to forwarding to The Marine Board of Queensland for a recommendation to the Governor in Council. The Chairman of The Marine Board has examined the application and sees no navigational impediment to recommending the application to the Governor in Council. 9 - In view of the continued opposition to dredging in the Mary River in the area downstream of the Granville Bridge and Cabinet's previous decision concerning an application by Mr. Johnston for a permit to extract sand and gravel in the Mary River between the Granville Bridge and Kent Street it may be appropriate to recommend to the Governor in Council that a statement concerning sand and gravel extraction be added to any approval granted to construct the works as detailed on Mr. Johnston's current application. This statement could indicate that the approval given pursuant to the provisions of Section 86 of the Harbours Act does not imply that any further approval will be given to extract sand and gravel in the Mary River under any Act. 10. RECOMMENDATIONS It is recommended that:- ( i ) Cabinet expresses no objection to the application by Mr. Johnston for approval pursuant to the provisions of Section 86 of the Harbours Act to construct works on tidal lands associated with a sand and gravel plant at Lots 1 & 2 Ann Street, Maryborough being recommended to the Governor in Council by The Marine Board. (ii) The recommendation to the Governor in Council include the addition of a condition to the approval granted by him that:- "This approval does not imply that any further approval will be given to the Applicant pursuant to any Act for an application to extract sand and gravel in the Mary River". Don Neal MINISTER FOR WATER RESOURCES AND MARITIME SERVICES De partment of Harbours and Marine, Brisbane......... May 18, 1988. .
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