ordinary meeting 8 - cairns regional council€¦ · 1200 apartments and 135 villas ... decision...

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Agenda – Ordinary Meeting 28 August 2013 - #4054397

ORDINARY MEETING

28 AUGUST 2013 8

SUBMISSION ON DRAFT TERMS OF REFERENCE FOR THE ENVIRONMENTAL IMPACT STATEMENT - AQUIS RESORT ON THE GREAT BARRIER REEF – YORKEYS KNOB

Neil Beck : 8/30/168: #4087537

RECOMMENDATION:

That Council provide a submission on the Draft Terms of Reference for the Aquis Resort on the Great Barrier Reef as detailed in Appendix 3 for consideration by the Coordinator General when finalising the Terms of Reference for the Environmental Impact Statement required for the project.

EXECUTIVE SUMMARY:

The ‘Aquis Resort at the Great Barrier Reef’ is a significant development proposal and project within the Cairns Region. The Coordinator General’s office declared it a ‘coordinated project’ on 1 August 2013 to assist in the assessment of the proposal’s various impacts through the processes provided for by the State Development and Public Works Organisation Act 1971 and the Sustainable Planning Act 2009. In accordance with this process, an Environmental Impact Statement (EIS) must be prepared addressing the Terms of Reference as directed by the Coordinator General. The purpose of this report is to advise the Coordinator General of Council’s comments on the Draft Terms of Reference which are currently on public notification until 9 September 2013. The Draft Terms of Reference is attached at Appendix 1. Upon completion of the public notification and consideration of submissions received, the Coordinator General will finalise the Terms of Reference for the project as soon as practicable. It must be noted that the submission on the Draft Terms of Reference for the EIS is Councils only opportunity to request further information on the project. Council is unable to request information at the Development Application Stage.

BACKGROUND:

The ‘Aquis Resort at the Great Barrier Reef’ is a significant development proposal and project within the Cairns Region. The project consists of the following:

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Description Redevelopment of 343 ha of rural land into a large scale integrated tourism resort.

Proponent Aquis Resort at the Great Barrier Reef Pty Ltd

Location/s 13 kilometres north of Cairns and 3 kilometres south of Yorkeys Knob.

Investment $4.2 billion

Key features The key project components include:

Nine luxury hotels with around 3750 hotel rooms 1200 apartments and 135 villas 13,500m² of high-end retail shopping An international class casino One of the world's largest aquariums 2 x 2,500 seat theatres 13 ha reef lagoon 65 ha lake surrounding the built form An 18 hole golf course 25,000 seat sports stadium 45,000m² convention and exhibition centre 1800 staff accommodation units A cultural heritage centre

The project does not include a residential component.

Expected completion

2018

Jobs 9300 (construction) 10,000 (operational)

The Coordinator General’s office declared it a ‘coordinated project’ on 1 August 2013 to assist in the assessment of the proposal’s various impacts through the processes provided for by the State Development and Public Works Organisation Act 1971 and the Sustainable Planning Act 2009. The Aquis Resort will require an EIS to be prepared in accordance with a Terms of Reference. The EIS provides the basis for assessing the impacts of the development proposal and for the community to make any submissions about its impact. The Coordinator General provides an assessment of the EIS and any submissions and then makes recommendations about the development. The final decision on the project rests with Council. Legislative Requirements & Process Being a coordinated project declared under the State Development and Public Works Organisation Act 1971, the application and assessment process departs from the process required under the Sustainable Planning Act 2009 for the assessment of development.

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A summary of the process along with information regarding each stage of the process is attached at Appendix 2. However the key issues worthy of noting are as follows:- 1. A development application must be submitted to Council for assessment. Council

is the Assessment Manager for the application. The development application can be made at any time after the declaration of the coordinated project.

2. Establishing the Terms of Reference and the public notification of the EIS is the

only opportunity in which formal submissions can be made with respect to the project. The EIS is placed on public notification once the Coordinator General is satisfied that the EIS adequately responds to the Terms of Reference.

As a consequence, the information request, referral to agencies and public notification of the project under the Sustainable Planning Act 2009 does not apply.

3. Upon receipt of the development application and the Coordinator General’s Report

detailing its assessment of the project, the decision stage under IDAS commences. The standard statutory timeframes for a development application apply.

4. The Coordinator General’s Report has the status of a Concurrence Agency

response and must be considered in Council’s assessment of the project. Like any Concurrence Agency response, Council must refuse the application if directed by the Coordinator General.

CONSULTATION:

The Draft Terms of Reference have been considered by the lead Departments within Council and comments received have been incorporated into the submission. The main issues requested by Council to be reflected in the finalised Terms of Reference are summarised as follows:- Planning (Land Use & Strategic) Site selection and suitability; Mix of land uses proposed ; Economic Impact; Social Impact and displacement considerations; Visual Impact and landscape aesthetics; Implications for future decision making; Environmental considerations ; Water & Waste Equitable and sustainable use of existing water supply sources and impact on

Council’s adopted strategy for securing new supplementary water supply sources;

Waste generation and ability for treatment; Impacts on planning and infrastructure service provision; Opportunity for site-based integrated water management ;

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Infrastructure Planning Impacts associated with development in the Barron River Flood Delta and

drainage considerations; Road and intersection upgrades and external works; Transport Planning and impacts on wider network; and Infrastructure planning and provision of services.

Of particular importance is the site selection being within the Barron River Flood Delta. Also of importance is the proposed scale of the development with the tallest building proposed having a height of 27 storeys some 10 storeys higher than the tallest building in the CBD. The height of the tallest building will exceed the height of the Yorkey’s Knob headland by approximately 25 – 35 metres while the other 18 storey buildings will be commensurate with the height of the headland.

Comments on the Terms of Reference seek to ensure that the public is made fully aware of the scale and heights proposed. To this end, it has been requested that the applicant demonstrate this component of the proposal through tethering a blimp or other devices such as weather balloons at the proposed building heights. This will assist in gaining a better appreciation of the scale of the development being proposed.

CONSIDERATIONS:

Risk Management (including financials): On 14 August, 2013 Council resolved to go to tender for the services of a lead consultant who will be responsible for compiling a team of experts covering a range of disciplines associated with the assessment of the EIS and development application. The team to be compiled must be established to the satisfaction of Cairns Regional Council. The team of experts will be required to review and assess the studies submitted in response to the Terms of Reference once finalised by the Coordinator General. This approach will assist in managing the risks associated with the project which include:- 1. Ensuring adequate resources are made available for the assessment of such a

significant project; 2. Being able to maintain Council’s core development assessment and development

engineering services; 3. Community perception of an independent, transparent, and detailed assessment

of the project and its impacts; and 4. Expert input into specified areas of expertise that may not be available in house.

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A submission of the Draft Terms of Reference is required to ensure that the EIS contains adequate information to provide for a robust assessment of the proposal both at a State and Local Government level. Corporate and Operational Plans: Goal 4.0 - An efficient organisation providing best practice service delivery through leadership and policy making and the effective management of people, assets and finances.

Statutory: The coordinated project and development assessment processes are provided for by the State Development and Public Works Organisation Act 1971 and the Sustainable Planning Act 2009.

Sustainability: Resources: There are no resource implications of services through providing comment on the Draft Terms of Reference. Environment: There are no environmental implications on providing comment on the Draft Terms of Reference other than ensuring this element is adequately reflected and considered. Community: Providing comment on the Draft Terms of Reference ensures that the Coordinator General in finalising the Terms of Reference includes sufficient detail on local issues to which the applicant must respond. This will provide for an informed decision making process for the FNQ Region. Governance and economic management: There are no governance or economic implications on providing comment on the Draft Terms of Reference. Options Council has the following options: 1. Provide comment on the Draft Terms of Reference as contained at Appendix 3; or 2. Provide no comment to the Draft Terms of Reference as advertised. Neil Beck Coordinator Major Projects Graham Boyd Acting General Manager Planning and Environment

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Appendix 2 – Notes identifying process for a coordinated project & IDAS Key notes: 1. Coordinated projects process primarily between State and proponent. The proponent makes

application to the State. The Coordinator General declares a ‘coordinated project’. A separate development application is required – this is made to Council and can be made at any stage after a declaration is given by the Coordinator General.

2. A draft Terms of Reference to prepare an EIS will go through public notification. Council will need

to use this process to outline the level of detail and information needed to make an assessment of the proposal for the subsequent development application. This is required as Council is not able to ask for further information when the development application is made.

3. EIS goes through a preparation stage and then a public notification stage. The time taken to

finalise this step depends on the level of investigation required to satisfy the terms of reference and review by the State. The public notification of the EIS is the only opportunity for the public to formally make a submission on the project.

4. The Coordinator General then prepares a report which outlines among many things, whether a

future development application can be approved or should be refused and any other conditions that are to be imposed on a development application. The Coordinator General’s Report and the development application material (including the EIS and the planning scheme) is then used by Council to assess the development application.

5. The final decision rests with Council on the development application, which may be appealed by

the proponent and any submitter to the EIS. If a refusal is recommended by the Coordinator General, Council must refuse the application. The applicant can then appeal the application in the P&E Court.

6. The development application can be made at any stage after a declaration is given by the

Coordinator General. It should be noted that the information request, referral to agencies and public notification stages of the IDAS process do not occur.

7. The decision stage of IDAS cannot commence before the Coordinator General’s Report is given to

the assessment manager. Council’s decision must take into account the recommendations and considerations of the report, including any conditions or refusals.

8. An appeal to the P&E Court can still be made in relation to Council’s decision. This is by the

proponent, the State or other properly made submitters (to the EIS). 9. After an appeal process is resolved and an approval has effect, further appeal action cannot be

undertaken by any person except by an authority in regards to compliance with an approval. This removes the rights of any entity to commence proceedings as a ‘declaration’ against a proposal in the P&E Court.

10. The process is outlined within the State Development and Public Works Organisation Act 1971 and

within IDAS per the Sustainable Planning Act 2009. The process outlined overleaf provides more detailed information.

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Stage Process Information/Comments Timeframes Council Requirements

Application stage

Application made to CG

Applications must provide the following (except if the CG is satisfied a piece of information is not necessary): (a) an initial advice statement mentioned about the

considerations the CG will have in making a declaration; and (b) enough information about the project to allow the Coordinator

General to consider the matters for the project; and (c) a separate statement detailing the proponent’s financial and

technical capability to: (i) complete an EIS for the project; and (ii) give any supplementary information that may be

requested by the Coordinator General; and (d) a separate statement (pre-feasibility assessment) assessing

the technical and commercial feasibility of the project.

The Coordinator General may refuse an application

NA Nil

Decision made on application by CG

Coordinator General decides to make declaration Coordinator General considers in deciding a declaration (a) detailed information about the project given by the proponent

in an initial advice statement; (b) relevant planning schemes or policy frameworks of a local

government, the State or the Commonwealth; (c) relevant State policies and Government priorities; (d) a pre-feasibility assessment of the project, including how it

satisfies an identified need or demand; (e) the capacity of the proponent to undertake and complete the

EIS for the project; (f) any other matter the Coordinator General considers relevant.

NA May be required to provide preliminary advice about our planning scheme

Declaration A declaration will either state it needs an Environmental Impact Statement or not. An EIS will not be required under the declaration where the development would ordinarily require one under another piece of legislation. Places advertisement in the LG Gazette and advises the local government authority (the assessment manager).

NA Local government advised of ‘coordinated project’

EIS Process Terms of Reference

The CG notifies proponent that EIS is required and advertises the fact.

Determined by notice Provide comment on draft terms of reference for the EIS

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prepared The notice identifies where draft terms of reference can be obtained and the public notification period for which comments can be made on the draft terms of reference. The CG finalises the Terms of Reference as soon as practicable after the public notification process.

in the set time frame

EIS prepared EIS is prepared to deal with all or specific parts (subject to particular development phase requirements) of the Terms of Reference to the Coordinator General’s satisfaction

18 months Nil

EIS Public Notification

EIS is made available for submissions by the public for a period set by the Coordinator General Submissions may be made any anybody.

Determined by notice Provide comment on EIS in the set time frame

Coordinator General’s Report

The Coordinator General prepares a report. It is given to the proponent and makes it available to the public. Further information may be requested of the proponent, which in providing a response would also require public notification. The Coordinator General amends the report based on full suite of information. The report lapses: (a) after 3 years or a stated time; (b) if a subsequent development application under SPA is

decided (including a refusal).

NA Considers decision through Development Assessment

Development Assessment

Application Stage

Proponent makes development application to local government. If the development would have been impact assessable, the Information and Referral Stage and Public Notification Stages are not required. However: (a) Any properly made submission about the EIS is taken to be a

properly made submission about the development application (except if development is code assessable).

(b) Coordinator General’s report is taken to be a Concurrence Agency response.

(10 days) Issue acknowledgement notice

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Decision Stage Decision stage does not start until the Coordinator General gives the local government a copy of the Coordinator General’s Report. The report may state conditions that need to be complied with and what decision may be able to be made (i.e. development permit, preliminary approval, refusal). Council may also make the same or different decision, but not if the Coordinator General’s report states refusal of the proposal. If there is any inconsistency between the Coordinator General’s report conditions and the local government’s conditions, the former prevails. The report may only state that a development application must be refused where the Coordinator General is satisfied that there are environmental effects in relation to the development that cannot be adequately addressed.

20 days (or by extension)

Report to Council for decision

Appeal Stage Normal processes of IDAS and Planning and Environment Court rules apply. After appeal process is resolved and an approval has effect, further appeal action cannot be undertaken by any person except by an authority in regards to compliance with an approval. This removes the rights of any entity to commence proceedings as a ‘declaration’ against a proposal in the P&E Court

NA Party to any Appeal

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Appendix 3

Submission on Draft Terms of Reference

“Aquis Resort on the Great Barrier Reef”

Section Terms of Reference

Describe the Issue Suggested Solution

1. General approach

1.1 For the purposes of the EIS process, ‘environment’ is defined in Schedule 2 of the SDPWO Act and includes social and economic matters.

1.2 The EIS should give priority to the critical matters associated with the project (specified in section 7 of this TOR).

1.3 The detail at which the EIS deals with matters relevant to the project should be proportional to the scale of the impacts on environmental values. When determining the scale of an impact, consider its intensity, duration, cumulative effect, irreversibility, the risk of environmental harm, management strategies and offsets provisions.

Reference is made to priority being given to critical matters and the level of detail being proportional to the scale of the impacts. Council considers the scale of the proposed development has potential to significantly impact the equitable and sustainable use of existing water supply sources. It also has potential to significantly impact the strategy adopted by Council for securing new supplementary sources to meet future demands for Cairns. Similarly, wastewater generated by the proposed development could have potential for significant environmental impact if discharged to the nearby wastewater treatment facility on Dunne Road without upgrade in treatment capacity. This approach also applies to the

Council suggest that matters related to water supply sources and treatment, bulk water supply and storage, and wastewater collection, treatment and effluent reuse should be included under “critical matters”, rather than “routine matters”. Expand “Hazards” to also adequately address any potential impacts on the operational aspects of the Cairns International Airport.

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Operational Aspects of the Cairns International Airport with respect to addressing Hazards under Section 7.

5.5 Project approvals process

Provide an outline of the approvals required to enable the project to be constructed and operated. Explain how the environmental impact assessment process (and the EIS itself) informs the issue of the leases/licences/permits/consents required by the proponent before construction can commence. Provide a flow chart indicating the key approvals and opportunities for public comment. Guidance on typical associated approvals can be accessed from the Coordinator‐General’s website.

The information requires an outline of approvals required to enable the project to be constructed and operated. The requirement is not explicit about approvals that may be required by external parties (e.g. Cairns Regional Council) to allow the proposed development to be constructed and operated, in terms of additional water supply resources, increased wastewater treatment activities and the like. The potential approval of the development needs to consider the potential consequential requirement of “fast tracked” approvals both for the proponent and impacted external parties.

Council suggest inclusion of the requirement to specifically list approvals that may be required by external parties to provide services to the development, in terms of additional water supply resources, increased wastewater treatment activities and the like in addition to being responsible to assist with securing the necessary approvals to service the development . The required timing of approvals acquisition and construction schedule impact of these approvals should be included (e.g. prior to development construction, during development construction etc.)

6.1 Proposed development

The EIS must describe and illustrate at least the following specific information about the proposed project: (a) the project’s title (b) the project, its objectives, and

expected capital expenditure (c) rationale for the project (d) the regional and local context

of the project’s footprint

Information is sought regarding the operational phase of the proposed development. The listing of specific information about the proposed project does not include information about the operational phase.

Include specific information about potential operating scenarios, in terms of peak facility utilisation, that may inform demands on infrastructure for short (e.g. daily), medium (e.g. monthly, seasonal) and long‐term periods (e.g. annual).

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(with maps at suitable scales) (e) relationship to other major

projects and/or developments (of which the proponent should reasonably be aware)

(f) the workforce numbers to be employed by the project during its various phases

(g) where personnel would be accommodated

(h) the proposed construction staging and likely schedule of works.

6.9 Proposed construction and operations

Describe the following information about the proposal: (a) all pre‐construction activities

(e.g. vegetation clearing, site access, interference with watercourses and floodplain areas, including wetlands)

(b) existing infrastructure and easements on the potentially affected land

(c) the proposed construction methods, associated equipment and techniques

(d) the sequencing and staging of activities

(e) hours of operation for proposed construction works, including night time works

(f) the capacity of high‐impact

Lacks requirement for information about water and wastewater demands for the construction phase, asset ownership structure, and details about operational phase demands and infrastructure requirements. Notes at point “o” that a description of infrastructure should be included. Does not mention public open space/parks as an item. It is not clear if the development proposes any public open space. These points require information with respect to the range of land uses and site layout, built form and design specifics and operation detail (e.g. hours of operation for project components).

Include in (c), water and wastewater requirements for the construction phase, including opportunities for recycled water use. Include more detail in (l) similar to the above potential operating scenarios listed in “6.1 Proposed development”. Include in (n), a description of the proposed asset ownership structure (e.g. for ongoing operation and maintenance responsibilities, facilities that will be intended for handover to the Cairns Regional Council). Include in (o), infrastructure requirements for water and recycled water. Add the words “public open space” after the word “sewerage” in Section 6.9 (o) on page 6 if it is proposed to have any public open space/parks.

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plant and equipment, their chemical and physical processes, and chemicals or hazardous materials to be used

(g) the known locations of new or altered works and structures and infrastructure necessary to enable the construction and operation of the development

(h) any activity that is a prescribed ERA

(i) location of quarry operations the project may source materials from

(j) the range of land uses and site layout

(k) built form and design specifics

(l) operation detail (e.g. hours of operation for project components)

(m) the commissioning process including landscaping and the rehabilitation of affected areas after construction

(n) management structure of final development (e.g. body corporate)

(o) infrastructure requirements (e.g. roads, electricity,

There is a lack of detail on the 25,000 seat sports stadium

Provide additional detail regarding the sports stadium as follows: • Management model to be implemented for the operations of the facility including how sporting/entertainment content is sourced. • Detail required on stadium design including; lighting, car parking/transportation, corporate hospitality, amenities and ancillary services. • Detail provisions for local community access to the playing surfaces and amenities for special events and sporting competition. • Fees and charges schedules specifically for community use.

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telecommunications, sewerage)

(p) location and scale of parking requirements.

Section 7 – Land Use Objectives

Objectives Development should be designed and operated to: improve environmental

outcomes contribute to community

wellbeing contribute to social,

economic and environmental sustainability.

In addition to the land use objectives specified the development should be designed and operated to consider the wider cumulative impacts of the development proposal. It should also have consideration for cultural sustainability. The objectives of the section note that development is designed to contribute to community well being. Public Open Space is a key element to achieving this outcome. No mention of Public Open Space provision is given.

Amend the objectives to read: Objectives Development should be designed and operated to: improve environmental outcomes. contribute to community wellbeing. contribute to social, economic, cultural and

environmental sustainability. ensure cumulative impacts of development are

mitigated

Add section 7.13: Describe how the development will contribute to community well being and if it is anticipated to facilitate this through the provision of public open space. Detail any proposed public open space to be provided within the development to meet the needs of potential residents, visitors and the general public including but not limited to, proposed improvements, landscaping, structures, pedestrian connectivity and facilities within that space.

7.3 Land Use Provide a copy of the proposed plan of development (or local area plan) explaining how the plan may vary the CairnsPlan planning scheme.

The proposed plan of development and any provisions that would vary the effect of CairnsPlan need to be provided in detail with respect to the creation of new codes etc to the extent they are overriding the planning scheme to facilitate the

Provide a copy of the proposed plan of development (or local area plan) and potential planning scheme provisions in detail to facilitate the project explaining how the plan may vary the effect of the CairnsPlan planning scheme. Submit information detailing other consideration with

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development. Information to be provided should also consider and outline all other variances that would extend beyond the site boundary as a consequence of the proposed development.

specific reference to land use planning beyond the site boundaries.

7.4 Land Use

Discuss the compatibility of the project with the surrounding area and the Cairns region, taking into consideration the proposed measures that would be used to avoid or minimise impacts. The discussion should include: (a) existing and proposed land

uses, in and around the project area, referring to regional plans and the local government planning scheme

(b) any tenures overlying and adjacent to the project site, and any to be applied for as part of this project

(c) state interests identified in the draft State Planning Policy

(d) locational factors influencing the choice of site.

In addition to the location factors influencing the choice of site (broadly), an explanation of the planning merit in locating such development in a known flood delta despite possible engineering solutions which may exist. An assessment should be made against the outcomes and key recommendations of the Queensland Floods Commission of Inquiry to the extent relevant to this site and its characteristics particularly with respect to the proposed staff accommodation component. Information is also required detailing how this particular site was chosen having regard to the coastal hazards and scenic amenity constraints and the opportunity to locate the development in other locations where such constraints are not as prevalent.

Amend 7.4(d) to read:

(d) locational factors influencing the choice of site also having regard to the risks associated with natural hazards and scenic amenity.

e. Consider key findings of the Queensland Floods Commission of Inquiry to the extent relevant to this site and locational characteristics

7.5 Land Use

Discuss the proposal in the context of the Far North Queensland statutory regional plan and the CairnsPlan planning

The proposed development has potential to alter development patterns anticipated by Cairns Regional Council that informs planning for infrastructure and services

Include a discussion about the impact of the proposed development on the pattern of future development in the local and regional context. Substantiation is required for the staff accommodation component and

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scheme for Cairns Regional Council.

provision. The information requirements do not specifically request details about this matter. The proposed land uses which provide for cultural and sporting events are typically located in areas which support and promote the City Centre as the regional hub of the area. The proposed development has the potential to impact on the City Centre’s ability to perform this role.

detail why this element of the proposal should not be located within existing urban areas. The discussion should consider the population forecasting adopted and published by Cairns Regional Council and quantify any corresponding updates. Justify the location of the civic and cultural uses in locations which do not support the CBD as the regional hub of such events. Commentary of the social and economic impacts are to be provided in additional to the logistical issues of public transport and the ability to transport a large number of people to and from the site.

7.6 Land Use Describe and illustrate the visual impact of the construction and operation of the project. Include major views, view sheds, outlooks, and features contributing to the amenity of the area, including assessment from private residences.

Term 7.6 does not include reference to the public places which will receive potential impacts from the proposal. In addition to views, transects should be considered in illustrating the impact. Further, views and transects should be described from public places (roads, lookouts, beach, ocean) in addition to private residences.

Amend 7.6 to read:

Describe and illustrate the visual impact of the construction and operation of the project. Include major views or transects, view sheds, outlooks, and features contributing to the amenity of the area, including assessment from private residences and public places such as roads, lookouts, foreshore areas across the City and from the ocean on passenger routes. It is also suggested that the applicant be required to demonstrate the height of the building proposed through tethering a blimp or weather balloons at the proposed building heights for all tall buildings. This exercise needs to be completed prior to the public notification of the EIS.

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7.7 Land Use Present feasible alternatives of the project’s configuration (including individual elements) that may improve environmental outcomes.

In addition to environmental outcomes being considered in feasible alternatives to the project’s configuration, improvements could be considered to amenity, character and identity of Cairns and the Far North Queensland region.

Include a discussion about the impact of the proposed development on the pattern of future development in the local and regional context. The discussion should consider the population forecasting adopted and published by Cairns Regional Council and quantify any corresponding updates.

Section 7 – Land Use General Comment

The cumulative impacts of the project needs to be outlined in the EIS to enable an assessment by local government with specific reference to the land use implications (in addition to the social and economic impacts) of the project on Council’s current land use and infrastructure plans, and the further ability to effectively defend a long held stance on: (a) building height, character and scenic amenity in the northern beaches areas; (b) development in the Barron River Flood Delta as the floodplain management area for Cairns.

The terms of reference needs to enable comment and assessment of the proposal in terms of its cumulative impacts on: (a) wider land use planning with regards to population, workforce, housing, and use of community infrastructure and services, from the project. (b) the impacts on continued strategic planning around character and identity related to building height, character and scenic qualities of the Cairns northern beaches.

7.21 ‐ Water quality

Identify the quantity, quality and location of all potential discharges of water and waste water by the project, whether as point sources (such as controlled discharges) or diffuse sources (such as irrigation to land of treated sewage effluent).

The scope of this potential impact is not clear. It could be interpreted as only relating to site‐based potential discharges of water and wastewater. In terms of potential discharges of wastewater, the magnitude, strength and composition of wastewater generated by the proposed development has potential for adverse impact if discharged to existing Council

Include information about discharges proposed external to the development. Information provided about wastewater discharges should include details about the strength and composition of the sewage reflecting the various proposed development activities (i.e. backwashing of swimming facility filtration systems, trade waste discharges from laundries and restaurants).

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facilities without corresponding upgrades.


Describe the proposed management of existing and/or constructed waterbodies on the project site to maintain water quality, including any proposed exchange of tidal water.

It is not clear that management of water bodies will be specified for the construction and post construction phase.

Also specify management of existing and/or constructed water bodies during construction and post construction.


Assess the potential impacts of any discharges on the quality and quantity of receiving waters taking into consideration the assimilative capacity of the receiving environment and the practices and procedures that would be used to avoid or minimise impacts.

Impacts during and post construction need to be considered and detailed.

Also specify impacts during and post construction, and consider the capacity and operation of quality devices such as GPTs and best industry practice.

7.27 ‐ Hazards ‐ General

Provide details on the safeguards that would reduce the likelihood and severity of hazards, consequences and risks to persons, within and adjacent to the project area(s). Identify the residual risk following application of mitigation measures. Present an assessment of the overall acceptability of the impacts of the project in light of the residual uncertainties and risk profile.

Hazard Management Plans’ not mentioned Provide details of Hazard Management Plans.

7.30 – Hazards – Erosion prone areas

If the project proposes permanent buildings or structures in a coastal management district,

Yorkey’s Creek not included. The assessment is to include potential impacts on Yorkey’s Creek.

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detail how coastal erosion risks are avoided or mitigated and identify any development free buffers. This assessment must include the potential migration of Richters Creek in response to coastal and/or fluvial processes.

7.34 – Hazards – Flooding

The assessment should consider all infrastructure associated with the project including levees, roads and linear infrastructure and all proposed measures to avoid or minimise risks to life, property, community (including damage to other properties) and the environment during flood events.

No reference to flood modelling and impacts as a consequence of undertaking development in the Barron River Flood Delta.

Detail the planning merit in locating urban development in a known flood plain area. Also detail how the development adequately addresses this constraint without impacting upon other properties over and above tolerable levels. Detail how the development impacts on the affects the Barron River Delta flood plain and how the existing flooding/drainage model will be affected. Detail adequate mitigation measures and demonstrate, though modelling, that the development will not adversely impact surrounding lands, roads, properties and the Cattana Wetlands. Detail flood mitigation for the site during the construction phase and detail how the associated impacts are mitigated.

Section 7 ‐ Social and economic objectives

Objectives The construction and operation of the project should aim to: (a) avoid or mitigate adverse

social and economic impacts arising from the project

(b) capitalise on opportunities potentially available to affected communities.

The objectives provide no clarity to the scale of the economic benefit or impact. To give clarity and enable an assessment of the EIS it is recommended that the focus on local and regional communities and economy is emphasised in the objectives. The objectives of this part note that

Suggest including the term “local and regional economy” and “local and regional communities”

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(c) consider the impact on the existing golf course at Yorkeys Knob.

construction and operation of the project should aim to: (a) avoid or mitigate adverse social and economic impacts arising from the project (b) capitalise on opportunities potentially available to affected communities. Potential impact on the existing golf course at Yorkeys Knob due to the development of an 18 hole championship golf course.

Provide a needs assessment for the golfcourse and provide detail on the potential economic impact of this upon the viability of the Yorkeys Knob Golf Course. Provide recommendations or solutions which demonstrate how any economic impact will be mitigated.

7.35 & 7.36 Social and economic

7.35 Describe the likely social impacts (positive and negative) on affected communities taking into account proposed mitigation measures.

7.36 Describe the likely impacts (positive and negative) of the project on the economies materially impacted by the project. The analysis should describe both the potential and direct economic impacts including estimated costs, if material, on industry and the community.

The terms on which a social and economic impact assessment needs to be undertaken are not clearly articulated. It is recommended that if the coordinator general has further guidelines about undertaking these components (as has been outlined in other EIS processes) be elevated into the document by reference.

It is recommended that that terms be amended to give greater clarity about the types of information that will be required to address the terms relating to social impacts assessment and economic impact assessment, particularly where the community will have an interest in this particular area of expertise.

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General Comment

It is recommended that a development proposal of this scale should provide information on the exemplary design features of the project in regards to promoting, supporting and educating the region’s World Heritage status in terms of resource efficiency, self‐sufficiency & biodiversity

Provide details about the proposal and how it promotes exemplary design features of the project in regards to promoting, supporting and educating the region’s World Heritage status in terms of resource efficiency, self‐sufficiency & biodiversity

Section 8 – Assessment of routine matters 8.3 Air

Fully describe the characteristics of any contaminants or materials released that may be released as a result of the construction or operations of the proposal, including point source and fugitive emissions. Emissions (point source and fugitive) during construction, commissioning, operations and upset conditions should be described.

Wastewater generated by the proposed development that is managed and/or treated on‐site has potential to impact on the environmental values of air. The information requirements do not specifically request details about this matter.

Include information requirements specifically about odour from any on‐site wastewater / treated effluent infrastructure, particularly if sewage holding tanks are proposed.

Water resources (8.12 to 8.14)

8.12 Provide details of any proposed impoundment, extraction, discharge, injection, use or loss of surface water or groundwater. Identify any approval or allocation that would be needed under the Water Act 2000.

8.13 Detail any significant diversion or interception of overland flow. Include maps of suitable scale showing

In line with the above comments, the scale of the proposed development has potential to significantly impact the equitable and sustainable use of existing water supply resources. The proposed development also presents the opportunity for site‐based integrated water management to achieve best benefit use, or fit for purpose use, of water, including rainwater/stormwater harvesting. The information requirements do not specifically request details about

Specifically include the requirement for the proponent to include a discussion of impacts external to the site on existing resources and the strategy adopted by Council to provide for future demands. The analysis and discussion should include for any incremental increase in demand external to the site that is attributable to the proposed development (i.e. as reflected by item 7.5). Also include the requirement for the proponent to include a discussion of opportunities to incorporate site‐based integrated water management initiatives into the proposed development. This would include

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the location of diversions and other water‐related infrastructure.

8.14 Develop hydrological models as necessary to describe the inputs, movements, exchanges and outputs of all significant quantities and resources of surface water and groundwater that may be affected by the project. The models should address the range of climatic conditions that may be experienced at the site, and adequately assess the potential impacts of the project on water resources. The models should include a site water balance. This should enable a description of the project’s impacts at the local scale and in a regional context including proposed: changes in flow regimes

from structures and water take

alterations to riparian vegetation and bank and channel morphology

direct and indirect

this matter. consideration of recycled water and rainwater/stormwater harvesting, and overall impacts on reducing total demands on external resources. As also noted in the above comments, the potential scale of impacts on water resources should warrant a commensurate level of detail and escalation as a “critical matter”.

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impacts arising from the development.

Transport Objectives

Objectives The construction and operation of the project should aim to: (g) maintain the safety and

efficiency of all affected transport modes for the project workforce and other transport system users

(h) avoid or mitigate impacts on the condition of transport infrastructure

(i) ensure any required works are compatible with existing infrastructure and future transport corridors.

Objectives do not address providing transport infrastructure that will adequately cater for the transport demands, including road, air and sea, generated by the project, both during construction of the project and the life of the completed project.

(j) ensure the project does not have a negative impact on the capacity of existing transport systems, and provide increased transport infrastructure to adequately cater for the transport demands, including road, air and sea, generated by the project, both during construction of the project and the life of the completed project.

8.27 Transport Provide sufficient information to allow an independent assessment of how existing transport infrastructure will be affected by project transport at the local and regional level (e.g. local roads and state‐controlled roads).

More information is required in relation to transport impacts.

It is expected that a condition analysis be carried out that includes an assessment of the structural integrity of the Yorkey’s Knob Road and Dunn Road, and their safe and structural ability to cater for both construction and operational traffic associated with the project. Appropriate testing will need to be undertaken in accordance with relevant standards/ guidelines and suitable upgrade works identified.

The traffic analysis should include appropriate transport network modelling that includes details of safety and capacity impacts to local roads east of the Captain Cook Highway between the development site and McGregor Road Smithfield, and proposed road infrastructure upgrades to mitigation

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measures for the life of the project. In particular, details of impacts and proposed upgrades to Yorkeys Knob Road, the Yorkey’s Knob Road/Captain Cook Highway roundabout, Dunn Road, and the Dunn Road/Cattana Wetlands roundabout will be required. The study must also consider the effect of the project on the state road network including the Captain Cook Highway and Cairns Western Arterial Road, and the planned Smithfield Bypass and the connecting roads, including the intersections.

Provide details of the public transport will be provided to and from the project site, both during construction and post construction, and the infrastructure upgrades required to provide adequate public transport.

Provide detail of a conceptual road layout & hierarchy detailing how the road network proposed will link in with existing and proposed roads including DMR proposals.

Provide access and parking details at the site. Provide a parking study. Details of the likely parking demand and ability of the proposal to cater for the ultimate developed scenario.

Any impact on existing property access, traffic safety, and roadway and intersection capacity should be identified. Appropriate recommendations must be made to how any adverse impacts would be mitigated to ensure an appropriate level of service .Conceptual

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designs of these measures must be provided.

Any road upgrades (structural & operational) proposed must be in accordance with relevant standards such as Council's FNQROC Development Manual, Austroads & DTMR guidelines.

Drainage and lighting infrastructure requirements must also be considered as part of the transport task.

Provide a detailed Traffic Management Plan to adequately cater for construction traffic and the safe movement of all traffic associated with the development.

Provide details of road and intersection upgrades that are required to improve the flood immunity of the road system between the Cairns Western Arterial Road and project site. It is expected that, as a minimum, the flood immunity of Yorkey’s Knob Road and Dunn Road will need to be improved to meet access and emergency evacuation (Disaster Management) requirements.

Other infrastructure requirements 8.31

This section should detail, with concept and layout plans, requirements for new infrastructure, or the upgrading and/or relocating of existing infrastructure to service the project. Matters to be considered should include such infrastructure as water supply, energy supply,

More details about the requirements of the traffic study should be included.

A Traffic Impact Study must be undertaken by an appropriately qualified and experienced Traffic Engineer. The study must be in accordance with Austroads guide to Traffic Management Part 12. It is to include but not be limited to the following:

The proposed staging of the development and anticipated timing

The prediction of road traffic generated by the

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telecommunications, stormwater, waste disposal and sewerage.

proposed development, traffic distribution and travel patterns, for each stage of the development

Analysis of intersections at the entrance and exit points of the development giving consideration to capacity and safety.

Analysis of internal traffic circulation including provision of details of any intersections

Intersection site distance assessment in accordance with relevant guidelines

Analysis of the impact of development related traffic on Council roads (cross sections) and intersections for each stage of the development giving consideration to capacity and safety. The analysis must also consider any expected growth in the catchment external to the development.

Details of ameliorative measures required to mitigate any identified impacts of the development at each of the stages ensuring any proposed works are compatible with Council's ultimate road network plan.

Consideration of pedestrian and cyclist requirements.

Water supply and storage (8.34 to 38)

In line with the above comments, the scale of the proposed development has potential to significantly impact the existing and planned water supply and storage infrastructure.

As noted, given the potential scale of impacts on water supply and storage infrastructure, it is suggested to reprioritise items 8.34, 8.35, 8.36, and 8.38 as “critical matters”. Item 8.37 can remain as a “routine matter”. The impact analysis and discussion should also include

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for any incremental increase in demand external to the site that is attributable to the proposed development (i.e. as reflected by item 7.5).

8.34 Water supply and storage

Provide information on the proposed water usage by the project, including details about: (a) the ultimate supply required

to meet the demand for full occupancy of the development, including timing of demands

(b) the quality and quantity of all water supplied to the site during the construction and operational phases based on minimum yield scenarios for water reuse, rainwater reuse and any bore water volumes

(c) a water balance analysis (d) a site plan outlining actions to

be taken in the event of failure of the main water supply.

The information requirement does not include details to provide meaningful design parameters for external water supply and storage infrastructure capacity requirements. Similarly, it does not include a requirement to provide details about fire fighting demands, which could be significant given the scale of the development.

Include the need to consider separately, as applicable, the proposed demands on external infrastructure for potable water, recycled water (varying classes including Class A+ and Class A). The external demand requirements should also reflect scenarios involving varying integrated water management initiatives (e.g. recycled water produced on site, groundwater extraction and rainwater harvesting etc.). The demands described should reflect an average day, seasonal demand or persistence of peak demand, peak day demands, and peak hour demands. Diurnal patterns for the respective demands and details of on‐site storages for each should also be presented. It should also specifically include fire fighting scenarios and corresponding demand requirements. The information requirements should also reflect the various operational scenarios of different facility utilisations, as mentioned above for inclusion in “6.1 Proposed development”.

8.38 Water supply and storage

Describe how the development will impact or alter the Far North Queensland Regional Water Supply Strategy (FNQRWSS) and Council’s Trunk Infrastructure Policy.

The consideration of impacts or alterations is limited to the Far North Queensland Regional Water Supply Strategy (FNQRWSS) and Council’s Trunk Infrastructure Policy.

It is suggested it also consider impacts or alterations to the “Overall Water Supply Strategy for Cairns”, which was endorsed by Council in April 2009. This is the adopted strategy for Cairns within the regional context of the FNQRSS. The impact analysis and discussion should include for

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any incremental increase in demand external to the site that is attributable to the proposed development (i.e. as reflected by item 7.5).

8.39 Water infrastructure master plan

Provide a master plan of the water reticulation system including hydraulic network analysis, design drawings, alignments, location and sizing of pump stations, location and sizing of water storages and staging. Demonstrate that the design will comply with the Far North Queensland Regional Organisation of Councils (FNQROC) development manual.

The scope of the master planning requirements is not clear.

Clarify that the scope of the master planning requirements should include external existing and proposed future infrastructure identified to service the proposed development.

8.44 Sewerage infrastructure requirements

Describe the sewerage infrastructure required by the project, including: (a) options assessed for

wastewater treatment (b) the treatment measures

/precautions of any wastewater generated on the site whether temporarily or not that will be discharged to council sewerage infrastructure so that the sewage will not adversely impact on treatment processes at council’s waste water treatment plants

In line with the above comments, the scale of the proposed development has potential to significantly impact the existing and planned wastewater collection and treatment infrastructure. The magnitude, strength and composition of wastewater generated by the proposed development also has potential to significantly harm the environment.

As noted, given the potential scale of impacts on wastewater infrastructure and potential to harm the environment, it is suggested to reprioritise item 8.44 as a “critical matter” to ensure a commensurate level of detailed consideration. The information required should also include recycled water (e.g. Class A+ and Class A, as applicable) provided by Cairns Regional Council.

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(c) measures required to mitigate any risks to the environment from discharges and overflows

(d) the proposed disposal and/or re‐use of the treated effluent and the management of such use. An irrigation plan should be provided detailing where the use of treated effluent is likely. Details of the likely impacts of treated effluent on groundwater quality should also be provided

(e) how the development will manage operation of the waste water treatment and disposal system in circumstances of disaster or disruption to power supplies, including determination of the potential emergency effluent storage that would be required in an extended rain event (one in 50 and one in 100‐year) wet weather storage, accounting for climate change).

8.45 Wastewater trunk infrastructure

Assess and identify any trunk infrastructure, existing or proposed, that would be impacted by the development

The information requirement for wastewater infrastructure does not include a similar level of detail as required for water infrastructure (i.e. as in 8.39).

Provide a master plan of the wastewater collection system including hydraulic network analysis, design drawings, alignments, location and sizing of pump stations, location and sizing of any storages and

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and describe any upgrading that may be required to cater for the development. Identify all proposed connection points to council’s networks.

staging. Demonstrate that the design will comply with the Far North Queensland Regional Organisation of Councils (FNQROC) Development Manual. Similarly to 8.34, the external sewage loads should also reflect scenarios involving varying integrated water management initiatives. The demands described should reflect an average dry weather days, seasonal loads or persistence of peak loads, peak dry weather loads, and peak wet weather loads. Diurnal patterns for the respective demands and details of on‐site storages for each should also be presented. The information requirements should also reflect the various operational scenarios of different facility utilisations, as mentioned above for inclusion in “6.1 Proposed development”.

8.46 Wastewater, service corridors

Describe the typical service corridors or clearances for sewerage and recycled water mains in relation to other services.

It is noted there could be numerous pipes in close proximity competing for space, namely: potable water, Class A recycled water, Class A+ recycled water, chilled water, hot water, fire water, sewer, on‐site treated effluent, rainwater harvesting, stormwater etc.

Explicitly require description of overall service corridors including electrical and communication cables. Any “services tunnels” used to maximise the use of the available space would need to consider flood/storm surge hazards.

All sections involving assumptions about water and wastewater demands

Given the uniqueness of the proposed development, Council would be seeking detailed discussion about all demand assumptions to improve the confidence in demand requirements for water and wastewater to service the site.

Include it as a requirement for the proponent to demonstrate that all assumptions about water and wastewater demands, and outcomes informed by those assumptions, have been validated against actual data and information attributable to other developments of a similar scale and composition of

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activities. Where and when agreed to by Cairns Regional Council, the obligations of Council as a water and sewerage service provider would relate to the demand requirements stated by the proponent at that time. Council would be indemnified against any shortfalls in service provision for the occurrence of or need for demands over and above the requirements stated under any agreement.

All elements involving engineering work

Engineering work carried out in Queensland needs to be certified by a Registered Professional Engineer of Queensland (RPEQ).

Include it as a requirement that all elements of the EIS based on, informed by, incorporating etc. engineering work, according with the definition established in the Professional Engineering Act, is required to be certified by a Registered Professional Engineer of Queensland (RPEQ).

General Comment

All works are to be designed and constructed in accordance with FNQROC Development Manual, where relevant, or if the manual is silent, the works must be designed in accordance with ‘Best Practice’ Engineering Standards and Technical Documents.