DECISION NOTICE APPROVAL

PLANNING ACT 2016, SECTION 63

I refer to your application and advise that on 30 January 2020 Council decided to approve the application in full subject to conditions. Details of the decision are as follows:

1. APPLICATION DETAILS

Application Number: MCU024.1-2019

Properly Made Date: 02 October 2019

Decision Date: 30 January 2020

Planning Scheme: Central Highlands Regional Council Planning Scheme 2016

(Amendment No. 3)

2. APPLICANT DETAILS

Name: Cleanaway Solid Waste Pty Ltd C/- Wolter Consulting Group Pty Ltd

Postal Address: Box 436 NEW FARM QLD 4005

Email Address: mdargusch@wolterconsulting.com.au

3. PROPERTY DETAILS

Street Address: 16 & 18 Cotton View Road EMERALD

Real Property Description: Lot 22 on RP884512 & Lot 23 on SP147342

Local Government Area: Central Highlands Regional Council

4. DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use: Waste Transfer Facility (High Impact Industry (storage of regulated waste) & Medium Impact Industry (storage of general waste)).

Our Ref: MCU024.1-2019

Assessment Manager: Jen Marsh

Telephone: 1300 242 686

Fax: 1300 242 687

Email: tplanning@chrc.qld.gov.au

Address: PO Box 21, Emerald QLD 4720

5. CURRENCY PERIOD FOR THE APPROVAL

This approval lapses if the first change of use does not happen within six (6) years ending on 30 January 2026.

6. STATEMENT OF REASONS

Description of development The approved development is for Material Change of Use: Waste Transfer Facility (High Impact Industry (storage of regulated waste) & Medium Impact Industry (storage of general waste))

Assessment benchmarks The following are the benchmarks applying for to this development under Central Highlands Regional Council Planning (Amendment No. 3) 2016:

• Industry zone code

• Industry uses code

• Landscaping code

• Transport, parking & access code

• Works, services and infrastructure (development design) code

• Airport environs overlay code

• Flood hazard overlay code

• Agriculture overlay code

• Regional infrastructure overlay

Reason for decision The development application is approved and the reasons for the decision are based on the following:

(i) The development is in keeping with the existing and intended scale and character of the streetscape and surrounding area.

(ii) The landscaping onsite is consistent with the surrounding streetscape.

(iii) The development provides for on-site parking, access, circulation and servicing areas that are safe, convenient and meet the reasonable requirements of the development.

(iv) The development is designed and constructed in a way that maintains public health and safety.

(v) The development will not have any effect on the operational efficiency and safety of the Emerald airport.

(vi) The development will not result in a material increase in the extent or severity of flood.

(vii) The development does not cause any conflict with rural land.

(viii) The development is compatible with, and does not adversely affect he viability, integrity, operation and maintenance of existing or planned infrastructure.

7. INFRASTRUCTURE

Where conditions relate to the provision of infrastructure, these are non-trunk infrastructure conditions unless specifically nominated as a “necessary infrastructure condition” for provision of trunk infrastructure as defined under section 127 of the Planning Act 2016.

8. ASSESSMENT MANAGER CONDITIONS

This approval is subject to the conditions below:

1. PARAMETERS OF APPROVAL

a) Compliance with Conditions

The applicant is responsible for ensuring compliance with this development approval and the

conditions of the approval by an employee, agent, contractor or invitee of the applicant.

Timing: At all times.

b) Works – Applicant’s Expense

The cost of all works associated with the development and construction of the development including services, facilities and/or public utility alterations required are met at no cost to the Council or relevant utility provider, unless otherwise stated in a development condition.

Timing: At all times.

c) Works – Applicant’s Responsibility

The applicant is required to have repaired any damage to existing infrastructure (e.g. kerb and channel, footpath or roadway) that may have occurred during any works carried out associated with the development. To the extent the damage is deemed to create a hazard to the community, it must be repaired immediately.

Timing: At all times.

d) Works – Design & Standard

Unless otherwise stated, all works must be designed, constructed and maintained in accordance with the relevant Council policies, guidelines and standards.

Timing: At all times.

e) WORKS – SPECIFICATION & CONSTRUCTION

All engineering drawings/specifications, design and construction works must comply with the requirements of the relevant Australian Standards and must be approved, supervised and certified by a Registered Professional Engineer of Queensland (RPEQ). Timing: At all times.

All development conditions contained in this development approval about infrastructure under Chapter 4 of the Planning Act 2016 (the Act), should be read as being non-trunk infrastructure conditioned under section 145 of the Act, unless otherwise stated.

Timing: At all times.

2. APPROVED PLANS & DOCUMENTS

a) Approved Plans & Documents

Undertake the approved development generally in accordance with the approved plans and documents including any amendments where made in red on the approved plan(s) or document(s):

Timing: At all times.

b) Approved Plans – Floor & Elevation

Submit to and have approved in writing by Council a Floor Plan and Elevation Plans for the

proposed demountable amenities building.

Once approved, the amended plans will also form the approved plans.

Timing: Prior to lodgement of a development application for development approval for Building

Work.

c) Conditions of Approval & Approved Plans

Where there is a conflict between the conditions of this approval and the details shown on the approved plans and documents, the conditions of approval take precedence.

Timing: At all times.

d) Decision Notice & Approved Plans to be Retained On-Site

A copy of this decision notice and stamped approved plans/drawings must be retained on site. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing: At all times.

3. AMENITY – BUILDING WORKS

a) Amenity Building Works

Ensure all new buildings and structures associated with the development are constructed from materials and/or painted or similarly treated with paint or pigment of a low reflective level that does not cause excessive glare.

Timing: Prior to commencement of use and at all times thereafter.

b) Setbacks

The demountable amenities building is to be set back 6.0m from the front boundary.

Timing: Prior to commencement of use and at all times thereafter.

Title Plan No. Date Prepared by

Cleanaway Depot, Emerald Feature Survey (Site Plan)

3CH-0608-001

25/08/2019

3 Chain Surveying

4. AMALGAMATION OF ALLOTMENTS

c) Amalgamation of Allotments Lot 22 on RP884512 and Lot 23 on SP147342 are to be amalgamated. Timing: Prior to the commencement of use.

5. WASTE STORAGE a) Waste Storage Area

Store all waste within a waste storage area (for example, general waste, recyclable waste, pallets, empty drums etc). The waste storage area must be:

i. Designed to not cause nuisance to neighbouring properties; ii. Screened from any road frontage or adjoining property; iii. Of a sufficient size to accommodate commercial type bins that will be serviced by a commercial

contractor plus clearance around the bins for manoeuvring and cleaning; iv. Provided with a suitable hosecock and hoses at the waste storage area, and washdown must

be drained to the sewer and fitted with an approved stormwater diversion valve arrangement in accordance with the provisions of a Trade Waste Permit and the Plumbing and Drainage Act 2002. bunded off so as not to be carried away by flood waters in a significant flood event.

v. Bunded off so waste is not carried away by flood waters during a significant flood event.

Timing: At all times.

b) Waste Storage

Any regulated waste stored and / or processed at that site and all associated processes, equipment and structures for the activity are designed and carried out in compliance with Environmental Protection Act 2009 and Environmental Protection Regulation 2008.

Timing: At all times.

c) Liquid Waste Storage Store all liquid waste (e.g. oil, waste oil, paint tins, acid drums, batteries etc) that cannot be

disposed of to Council’s sewerage system or an on-site industrial waste treatment system in a

covered area on an impervious surface and ensure it is contained in a manner capable of

containing the liquids in case of spillage.

Timing: At all times.

6. STORMWATER DRAINAGE WORKS & MANAGEMENT

a) Stormwater Drainage Works Lawful point of discharge for the development is directed by Council. Discharge all minor stormwater flows that fall or pass onto the site to the lawful point of discharge without causing annoyance or nuisance to any person in accordance with the Queensland Urban Drainage Manual (QUDM).

Timing: At all times.

b) Operational Work

Obtain a Development Permit for Operational Work for Engineering Work (Stormwater Drainage Works).

Timing: Prior to the commencement of any stormwater drainage works.

c) Stormwater Management

Submit to Council for endorsement, a detailed site-based stormwater management plan certified by a suitably Registered Professional Engineer of Queensland. In addition to other relevant stormwater quantity and quality management issues, the report must include the following:

(i) a suitably scaled plan showing the stormwater catchment and sub-catchments for pre-development and post-developed scenarios;

(ii) Include full calculations, including where necessary electronic files from industry standard modelling software (including both electronic model files and results files) and all details of the modelling assumptions to support both the proposed water quantity and quality management strategy;

(iii) Include detailed engineering plans with details of any new drainage systems, or amendments and upgrading of existing drainage systems to implement the proposed drainage strategy; and

(iv) Incorporate details of ongoing maintenance and management actions required about any proposed detention basin and retention systems.

Timing: Prior to or at the same time as a development application for Operational Work.

d) Stormwater Management

The stormwater management plan must demonstrate the development:

(i) Achieves no increase in peak stormwater runoff for a selected range of storm events up to and including the one in one-hundred-year storm event (100-year Average Recurrence Interval) for the post development condition; and

(ii) Provides for achievable stormwater quality treatment measures meeting the design objectives listed in Table 8.4.5.3.2 (construction phase – stormwater management design objectives) and Table 8.4.5.3.3 (post-construction phase – stormwater management design objectives) of the Central Highlands Regional Council Planning Scheme 2016 and the Capricorn Municipal Development Guidelines.

Timing: Prior to or at the same time as a development application for Operational Work.

e) Stormwater Management Plan

The stormwater management plan must demonstrate the development:

(iii) Achieves no increase in peak stormwater runoff for a selected range of storm events up to and including the one in one-hundred-year storm event (100-year Average Recurrence Interval) for the post development condition; and

(iv) Provides for achievable stormwater quality treatment measures meeting the design objectives listed in Table 8.4.5.3.2 (construction phase – stormwater management design objectives) and Table 8.4.5.3.3 (post-construction phase – stormwater management design objectives) of the Central Highlands Regional Council Planning Scheme 2016 and the Capricorn Municipal Development Guidelines.

Timing: Prior to or at the same time as a development application for Operational Work.

e) Stormwater Drainage Works

Design, construct and maintain all stormwater drainage works for the development generally in

accordance with the endorsed stormwater management plan required by Condition d), Capricorn

Municipal Development Guidelines, Queensland Urban Drainage Manual and the provisions of a

Development Permit for Operational Work (Engineering Work – Stormwater Drainage Works).

Timing: At all times.

f) Stormwater Quality Treatment The approved development must provide for achievable stormwater quality treatment measures

meeting the design objectives listed in Part G, Appendix 2 (Stormwater management design

objectives) of the State Planning Policy July 2017.

Timing: At all times.

7. PARKING & ACCESS

a) Driveways and Onsite Manoeuvring

Design, construct and maintain all driveways, internal circulation areas, manoeuvring areas,

loading and unloading areas and refuse collection facilities in accordance with the standards

specified in AS2890.2: 2018 - Parking facilities – Off-street commercial vehicle facilities and

AS2890.5:1993 – Parking facilities – On-street parking.

Two-way industrial driveway to be provided. Timing: Prior to commencement of use and maintained at all times thereafter.

b) On-site Car Parking

Provide and retain 10 car parking spaces on-site, plus one (1) parking space for service vehicles (articulated vehicles) in accordance with the Central Highlands Regional Planning Scheme 2016. All car parking spaces must be given suitable hard stand surface treatment (concrete or bitumen).

Timing: Prior to commencement of use and maintained at all times thereafter.

8. CONSTRUCTION ACTIVITY & NOISE

a) Hours of Operation - Construction

Carry out any construction work only between the hours of 6.30 am and 6.30 pm Monday to Saturday, with no work to be undertaken on Sundays or public holidays. Noise levels from construction work must at all times comply with the requirements of the Environmental Protection Act 1994. Timing: As specified within the wording of this condition.

9. ENVIROMENTAL MANAGEMENT

a) Storing & Processing of Waste Any regulated waste stored and/or processed onsite and all associated process, equipment and structures for the activity be designed and carried out in compliance with the Environmental Protection Act 2009 and Environmental Protection Regulation 2008.

Timing: At all times.

10. LANDSCAPING

a) Maintenance & Retention Maintain and retain all landscaping generally in accordance with previously approved plans. The landscaped areas must be subject to ongoing maintenance and replanting programme where necessary.

Timing: At all times.

9. APPROVED PLANS

Copies of the following approved plans, specifications and/or drawings are enclosed.

Drawing/Plan Title Plan No. Date Prepared by

Cleanaway Depot, Emerald Feature Survey (Site Plan)

3CH-0608-001 25/08/2019 3 Chain Surveying

10. ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

A. GENERAL ENVIRONMENTAL DUTY

General environmental duty under the Environmental Protection Act 1994 prohibits unlawful

environmental nuisance caused by noise, aerosols, particles, dust, ash, fumes, light, odour or smoke

beyond the boundaries of the property during all stages of the development including earthworks,

construction and operation.

B. ABORIGINAL CULTURAL HERITAGE

It is advised that under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out

an activity must take all reasonable and practicable measures to ensure the activity does not harm

Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the

duty of care are listed in the Aboriginal cultural heritage legislation. The information on Aboriginal cultural

heritage is available on the Department of Aboriginal and Torres Strait Islander Partnerships website

(www.datsip.qld.gov.au).

C. INFRASTRUCTURE CHARGES NOTICE

This application is subject to infrastructure charges in accordance with Council policies and Adopted

Infrastructure Charges Resolution (No. 12.2) 2017.

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Please be advised that the following development permits may be required to be obtained before the development can be carried out:

• Development Permit for Operational Works

• Development Permit for Building Work

• Development Permit for Plumbing Work

12. RIGHTS OF APPEAL

The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a development application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

A copy of the relevant appeal provisions are attached.

13. OTHER DETAILS

You are further advised that the truth and accuracy of the information provided in the application form and accompanying information is relied on when assessing and deciding this application. If you find an inaccuracy in any of the information provided above or have a query or need to seek clarification about any of these details, please contact Council’s Development Assessment Unit on 1300 242 686.

Note: Please ensure you provide details of the application number and assessment manager when contacting council in relation to this application.

14. DELEGATED PERSON

Name: Kirstin Byrne

Signature:

Date: 5 February 2020

MANAGER PLANNING AND ENVIRONMENT

Enc: Approved Plans Appeal Provisions cc: Department of State Development, Manufacturing, Infrastructure and Planning

APPEAL RIGHTS

The following is an extract from the Planning Act 2016 (Chapter 6 – Part 1)

Chapter 6 Dispute resolution

Part 1 Appeal rights

228 Appeals to tribunal or P&E Court (1) Schedule 1 states—

(a) matters that may be appealed to— (i) either a tribunal or the P&E Court; or (ii) only a tribunal; or (iii) only the P&E Court; and

(b) the person— (i) who may appeal a matter (the appellant); and (ii) who is a respondent in an appeal of the matter; and (iii) who is a co-respondent in an appeal of the matter; and (iv) who may elect to be a co-respondent in an appeal of the matter.

(2) An appellant may start an appeal within the appeal period. (3) The appeal period is—

(a) for an appeal by a building advisory agency—10 business days after a decision notice for the decision is given to the agency; or

(b) for an appeal against a deemed refusal—at any time after the deemed refusal happens; or (c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the

registration of premises—20 business days after a notice is published under section 269(3)(a) or (4); or (d) for an appeal against an infrastructure charges notice—20 business days after the infrastructure charges

notice is given to the person; or (e) for an appeal about a deemed approval of a development application for which a decision notice has not been

given—30 business days after the applicant gives the deemed approval notice to the assessment manager; or (f) for any other appeal—20 business days after a notice of the decision for the matter, including an enforcement

notice, is given to the person. Note— See the P&E Court Act for the court’s power to extend the appeal period.

(4) Each respondent and co-respondent for an appeal may be heard in the appeal. (5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or

P&E Court to withdraw from the appeal. (6) To remove any doubt, it is declared that an appeal against an infrastructure charges notice must not be about—

(a) the adopted charge itself; or (b) for a decision about an offset or refund—

(i) the establishment cost of trunk infrastructure identified in a LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.

229 Notice of appeal

(1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that— (a) is in the approved form; and (b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee. (3) The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice

of appeal to— (a) the respondent for the appeal; and (b) each co-respondent for the appeal; and (c) for an appeal about a development application under schedule 1, table 1, item 1—each principal submitter for

the development application; and (ca) for an appeal about a change application under schedule 1, table 1, item 2—each principal submitter for the

change application; and (d) each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is

not a principal submitter in an appeal under paragraph (c) or (ca); and (e) for an appeal to the P&E Court—the chief executive; and (f) for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.

(4) The service period is—

(a) if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal is started; or

(b) otherwise—10 business days after the appeal is started. (5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6). (6) A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days

after the notice of appeal is given to the person.

451.52m²

109.93m²

35.26m²

41.51m²

PROPOSED REGULATED WASTE BIN STORAGE (36m2)

PROPOSED COVERED BULKING STATION (~110M2)

TRUCK PARKING / EQUIPMENT STORAGE

TRUCK PARKING

KERBSIDE COLLECTION LOADING AREA

EXISTING SITE OFFICE (~21m2)

LIGHT VEHICLE / VISITOR PARKING

EXISTING SITE ENTRANCE / EXIT

EXISTING SITE ENTRANCE / EXIT

EXISTING BUILDING (~452m2)

PROPOSED DEMOUNTABLE AMENITIES BUILDING (~18m2)

LIGHT VEHICLE / VISITOR PARKING

Decision Notice – Infrastructure Charges (Section 121(3) of the Planning Act 2016)

INTRODUCTION

This is a decision notice given pursuant to section 121 (3) of the Planning Act 2016. The decision to give infrastructure charges notice on 30 January 2020 was made by the Manager Planning and Environment as the delegate appointed by Council to determine the application.

APPLICATION DETAILS

Application Number: MCU024.1-2019

Application Made Date: 23 September 2019

Properly Made Date: 02 October 2019

APPLICANT DETAILS

Name of Applicant: Cleanaway Solid Waste Pty Ltd c/- Wolter Consulting Group Pty Ltd

Applicant Address: PO Box 436 NEW FARM QLD

SITE DETAILS

Address of site: 16 Cotton View Road EMERALD, Lot 22 on RP884512

18 Cotton View Road EMERALD, Lot 23 on SP147342

Owners: Emerald Brakes Steering & Suspension

Zone: Industry

APPEAL RIGHTS

In accordance with the Planning Act 2016, the rights of appeal must be stated for the applicant and any submitters. Attached is a table of appeal rights under the Planning Act 2016 that details your appeal rights and the appeal rights of any submitters.

INFRASTRUCTURE CHARGES NOTICE (Section 119(2) and 121(3) of the Planning Act 2016)

APPLICANT: Cleanaway Solid Waste Pty Ltd C/- Wolter Consulting Group Pty Ltd APPLICATION: Material Change of Use: Waste Transfer Facility (High Impact Industry & Medium Impact Industry) APPLICATION NUMBER: MCU024.1-2019 DATE: 30 January 2020 NOTICE NUMBER: 375 AMOUNT OF THE LEVIED CHARGE: $846 Total (Details of how these charges $180 Sewer Network were calculated are shown overleaf) $144 Water Network $432 Transport Network

$0.00 Park Network

$90 Stormwater Network

AUTOMATIC INCREASE PROVISION OF LEVIED CHARGE: The amount of the levied charge is subject to an automatic

increase. Refer to the General Information attached to this notice for more information on how the increase is worked out.

LAND TO WHICH CHARGE APPLIES: Towns/Townships – Full Service SITE ADDRESS: Lot 22 RP884512 & Lot 23 SP147342 16 & 18 Cotton View road EMERALD PAYABLE TO: Central Highlands Regional Council WHEN PAYABLE: Prior to Commencement of Use OFFSETS OR REFUNDS: Not Applicable This charge is made in accordance with Council's Adopted Infrastructure Resolution (No. 12.2) 2017

(In accordance with the timing stated in Section 122 of the Planning Act 2016)

DETAILS OF CALCULATION

Water Supply Adopted Charges

Development Description

Number of Units

Units of Measure

Charge Rate Reference Amount

Medium Impact Industry

(Amenities building)

18m2 m2 $8/m2 GFA Table 2.2(a) $144

Discounts* - N/A

Sewerage Adopted Charges

Development Description

Number of Units

Units of Measure

Charge Rate Reference Amount

Medium Impact Industry

(Amenities building)

18m2 m2 $10/m2 GFA

Table 2.2(a) $180

Discounts* - N/A

Transport Adopted Charges

Development Description

Number of Units

Units of Measure

Charge Rate Reference Amount

Medium Impact Industry

(Amenities building)

18m2 m2 $24/m2 GFA

Table 2.2(a) $432

Discounts* - N/A

Parks Adopted Charges

Development Description

Number of Units

Units of Measure

Charge Rate Reference Amount

Medium Impact Industry

(Amenities building)

18m2 m2 $0 Table 2.2(a) $0

Stormwater Adopted Charges

Development Description

Number of Units

Units of Measure

Charge Rate Reference Amount

Medium Impact Industry

(Amenities building)

18m2 m2 $5/impervious m2

Table 2.2(a) $90

Discounts* - N/A

Summation of Levied Charges

Development Description

Water Supply

Sewerage Transport Parks Stormwater Total

Medium Impact Industry

(Amenities building)

$144 $180 $432 $0 $90 $846

Total $144 $180 $432 $0 $90 $846

* In accordance with Section 3.3 of the CHRC AICR (No. 12.2) 2017, the discount may not exceed the adopted charge. Where there

are any surplus discounts, these will not be refunded, except at Council’s discretion through entering an infrastructure agreement,

where the surplus discounts may be attached to the land.

Yours faithfully

Kirstin Byrne

Manager Planning & Environment

General Information

Automatic Increase

Provision of charge

rate ($)

An infrastructure charge levied by Council is to be increased

by the difference between the Producer Price Index (PPI)

applicable at the time the infrastructure charge was levied,

and PPI Index applicable at the time of payment of the levied

charge, adjusted by reference to the 3-yearly PPI Index

average1.

If the levied charge is increased using the method described

above, the charge payable is the amount equal to the sum of

the charge as levied and the amount of the increase.

However, the sum of the charge as levied and the amount of

the increase is not to exceed the maximum adopted charge

the Council could have levied for the development at the time

the charge is paid.

Authority for Charge This Infrastructure Charges Notice has been given in

accordance with section 121 (3) 635 of the Planning Act

2016.

GST The Federal Government has determined that contributions

made by developers to Government for infrastructure and

services under the Planning Act 2016 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charges Notice should

be directed to the Central Highlands Regional Council’s

Planning Department on 1300 242 686.

Payment Should payment be made to Central Highlands Regional

Council via electronic transfer please quote the Development

Application file reference. It is requested that you contact

Council’s Planning Department to confirm that amount

payable prior to making payment.

1 3-yearly PPI index average is defined in section 112(4) of the Planning Act 2016 and means the PPI index smoothed in accordance with the 3-year moving average quarterly percentage change between quarters. PPI Index is the producer price index for construction 6427.0 (ABS PPI) index number 3101 – Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics.

APPEAL PROVISIONS (Planning Act 2016)

Pursuant to Sections 125, 126 and 229 of the Planning Act 2016 a person may appeal an Infrastructure Charges Notice.

125 Representations about infrastructure charges notice (1) During the appeal period for the infrastructure charges notice, the recipient may make representations to

the local government about the infrastructure charges notice. (2) The local government must consider the representations. (3) If the local government—

(a) agrees with a representation; and (b) decides to change the infrastructure charges notice; the local government must, within 10 business days after making the decision, give a new infrastructure

charges notice (a negotiated notice) to the recipient. (4) The local government may give only 1 negotiated notice. (5) A negotiated notice—

(a) must be in the same form as the infrastructure charges notice; and (b) must state the nature of the changes; and (c) replaces the infrastructure charges notice.

(6) If the local government does not agree with any of the representations, the local government must, within 10 business days after making the decision, give a decision notice about the decision to the recipient.

(7) The appeal period for the infrastructure charges notice starts again when the local government gives the decision notice to the recipient.

126 Suspending relevant appeal period (1) If the recipient needs more time to make representations, the recipient may give a notice suspending the relevant appeal period to the local government. (2) The recipient may give only 1 notice. (3) If the representations are not made within 20 business days after the notice is given, the balance of the relevant appeal period restarts. (4) If representations are made within the 20 business days and the recipient gives the local government a notice withdrawing the notice of suspension, the balance of the relevant appeal period restarts the day after the local government receives the notice of withdrawal.

229 Appeals to tribunal or P&E Court (1) Schedule 1 states—

(a) matters that may be appealed to— (i) either a tribunal or the P&E Court; or (ii) only a tribunal; or (iii) only the P&E Court; and

(b) the person— (i) who may appeal a matter (the appellant); and (ii) who is a respondent in an appeal of the matter; and (iii) who is a co-respondent in an appeal of the matter; and (iv) who may elect to be a co-respondent in an appeal of the matter.

(2) An appellant may start an appeal within the appeal period. (3) The appeal period is—

(a) for an appeal by a building advisory agency—10 business days after a decision notice for the decision is given to the agency; or (b) for an appeal against a deemed refusal—at any time after the deemed refusal happens; or (c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises—20 business days after a notice is published under section 269(3)(a) or (4); or (d) for an appeal against an infrastructure charges notice—20 business days after the infrastructure charges notice is given to the person; or (e) for an appeal about a deemed approval of a development application for which a decision notice has not been given—30 business days after the applicant gives the deemed approval notice to the assessment manager; or (f) for any other appeal—20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person. Note— See the P&E Court Act for the court’s power to extend the appeal period.

(4) Each respondent and co-respondent for an appeal may be heard in the appeal.

(5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal. (6) To remove any doubt, it is declared that an appeal against an infrastructure charges notice must not be about—

(a) the adopted charge itself; or (b) for a decision about an offset or refund—

(i) the establishment cost of trunk infrastructure identified in a LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.

Excerpt Planning Act 2016 Schedule 1 – Table 1 4. Infrastructure charges notices An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds –

(a) the notice involved an error relating to - (i) the application of the relevant adopted charge; or

Examples of errors in applying an adopted charge – The incorrect application of gross floor area for a non-residential development

Applying an incorrect ‘use category’, under a regulation, to the development (ii) the working out of extra demand, for section 120; or (iii) an offset or refund; or

(b) there was no decision about an offset or refund; or (c) if the infrastructure charges notice states a refund will be given – the timing for giving the refund; or (d) for an appeal to the P&E court – the amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.

Page 1 of 2

Development Assessment Rules—Representations about a referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1 regarding representations about a referral agency response

Part 6: Changes to the application and referral agency responses

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any

further period agreed ends, change its referral agency response or give a late referral agency

response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application

is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change

under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response.2

28.3. A concurrence agency may give a late referral agency response before the application is decided,

if the applicant has given written agreement to the late referral agency response.

28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),

the concurrence agency must—

(a) give notice of its intention to change its referral agency response to the assessment manager

and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;

and

(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a

further period agreed between the applicant and the concurrence agency, to give an amended

referral agency response to the assessment manager and a copy to the applicant.

1 Pursuant to Section 68 of the Planning Act 20162 In the instance an applicant has made representations to the concurrence agency under section 30,

and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied.

Page 2 of 2

Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application

is decided, about changing a matter in the referral agency response.3

3 An applicant may elect, under section 32, to stop the assessment manager’s decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28.

RA9-N

Page 1 of 4

Fitzroy/Central regional officeLevel 2, 209 Bolsover Street, RockhamptonPO Box 113, Rockhampton QLD 4700

SARA reference: 1910-13437 SRACouncil reference: MCU024.1-2019Applicant reference: 18-0375P

15 November 2019

Chief Executive OfficerCentral Highlands Regional CouncilPO Box 21Emerald Qld 4720tplanning@chrc.qld.gov.au

Attention: Ms Sarah Ronnfeldt

Dear Ms Ronnfeldt

SARA response—Cotton View Road, Emerald(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the Department of State Development, Manufacturing, Infrastructure and Planning (the department) on 9 October 2019.

ResponseOutcome: Referral agency response - No requirements

Under section 56(1)(a) of the Planning Act 2016, the department advises it has no requirements relating to the application

Date of response: 15 November 2019

Advice: Advice to the applicant is in Attachment 1

Reasons: The reasons for the referral agency response are in Attachment 2

Development detailsDescription: Development permit Material change of use for a High impact

industry, Medium impact industry and Environmentally relevant activity 62 (1)(b) and 62 (1)(c) (Waste Transfer Facility)

SARA role: Referral Agency

SARA trigger: Schedule 10, Part 5, Division 4, Table 2, Item 1 (10.5.4.2.1) Environmentally relevant activities (Planning Regulation 2017)

SARA reference: 1910-13437 SRA

Assessment Manager: Central Highlands Regional Council

1910-13437 SRA

Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 4

Street address: 16 Cotton View Road and Cotton View Road, Emerald

Real property description: Lot 22 on RP884512 and Lot 23 on SP147342

Applicant name: Cleanaway Solid Waste Pty Ltd C/- Wolter Consulting Group Pty Ltd

Applicant contact details: PO Box 436NEW FARM QLD 4005mwood@wolterconsulting.com.au

RepresentationsAn applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s. 30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 2.

A copy of this response has been sent to the applicant for their information.

For further information please contact Jackie Larrarte, Senior Planning Officer, on (07) 4122 0408 or via email RockhamptonSARA@dsdmip.qld.gov.au who will be pleased to assist.

Yours sincerely

Anthony WalshManager Planning

cc Cleanaway Solid Waste Pty Ltd C/- Wolter Consulting Group Pty Ltd, mwood@wolterconsulting.com.au

enc Attachment 1 - Reasons for referral agency response Attachment 2 - Representations about a referral agency response provisions

1910-13437 SRA

Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 4

Attachment 1—Reasons for referral agency response(Given under section 56(7) of the Planning Act 2016)

The reasons for the department’s decision are:

The development complies with State code 22: Environmentally relevant activities of the State Development Assessment Provisions (SDAP). Specifically, the development:

is located and designed to avoid or mitigate environmental harm on environmental values of the natural environment, adjacent sensitive land uses and sensitive receptors

avoids impacts on matters of state environmental significance.

Material used in the assessment of the application:

The development application material and submitted plans

Planning Act 2016

Planning Regulation 2017

The SDAP (version 2.5), as published by the department

The Development Assessment Rules

SARA DA Mapping system

1910-13437 SRA

Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 4

Attachment 2— Representations about a referral agency response provisions(page left intentionally blank)