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OUR REF: DA-2016-99

13 March 2017 Mobile Crushing Co PO Box 101 MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Mobile Crushing Co Proposal: Material Change of Use - Extractive Industry Application Number: DA-2016-99 Address: L 10 R Watts Road, BENHOLME QLD 4754 Property Description: Lot 10 on SP201885 Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use

If you require any further information, please contact Darryl Bibay.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Application Number: DA-2016-99

Date of Decision: 8 March 2017

1. APPLICANT/S DETAILS

Name: Mobile Crushing Co

Postal Address: PO Box 101

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: L 10 R Watts Road, BENHOLME QLD 4754

Property Description: Lot 10 on SP201885

3. PROPOSAL

Material Change of Use - Extractive Industry 4. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Approved in Full Subject to Conditions


Decision Notice


5. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

6. IDAS REFERRAL AGENCIES

Concurrence Agencies

Department of Infrastructure, Local Government & Planning

Mackay Isaac Whitsunday Regional Office PO Box 257 MACKAY QLD 4740

7. SUBMISSIONS

Submitter (with Appeal Rights)

Andrew Wilson 1 Dawson Street Sarina Qld 4737


CJ Borg Pty Ltd 82 Stroppianas Road Devereux Creek Marian Qld 4753


Colin Peters 22 Augusta Street Mirani Qld 4754


Dallas Tolhurst 308 Slade Point Road Slade Point Qld 4740


Dan Fidock 26154 Peak Downs Highway Te Kowai Qld 4740


Fred Ruggeri PO Box 407 Marian Qld 4753


Wade Kennedy W&M Concreting Pty Ltd

18 Stayts Road Marian Qld 4753


Brett Kronk BRMA Pty Ltd PO Box 230 Marian Qld 4753


Darren Sievers & Tess McNeich

18 Archibald Street Mackay Qld 4740


Alex Mackelvie Maxque Pty Ltd

10 Hawke Street Slade Point Qld 4740


Ray Long Insurance Pty Ltd

35 Fernleigh Avenue Andergrove Qld 4740


Annette Everett 35 Graves Street North Mackay Qld 4740


David Cheong Samson Marine & Engineering Pty Ltd

631 Yakapari-Seaforth Road Mt Jukes Qld 4740


Wayne Howearth Abel Mine Training Pty Ltd

18 Marshall Avenue Andergrove Qld 4740


Rex Saywell 4 Pacific Esplanade Slade Point Qld 4740


Blake Saywell 285 Geeberga-Buthurra Road Kuttabul Qld 4741


Decision Notice



Phil Whitmore Palmview Homes

PO Box 890 Mackay Qld 4740


Tiana Combrinch 23 Woodlands Drive Eimeo Qld 4740


Shane & Wendy Wilson 47 Lachlan Street Mackay Qld 4740


Tim Gilroy 39 Scout Road Kurwongbah Qld 4503


Geoff Coombes 65 Crowleys Road Racecourse Qld 4740


Michael H Gorey 49 Anzac Ave Marian Qld 4753


Mark Lomax 9 Dewar Street St Helens Beach Qld 4798


Marc Gospel 39 Paradise Street Mackay Qld 4740


Shannon Ferris 1 Dalton Street Walkerston Qld 4751


Steve Abel PO Box 6812 Mackay Mail Centre Qld 4741


Stephen P Challen 5 Walz Ave McEwens Beach Qld 4740


Michelle and Karl Melville 174 R Watts Road Benholme Qld 4754


Peter Thomas - Tandy Concrete Mackay

PO Box 101 Mackay Qld 4740


Roy Davey 169 Bradfords Road Septimus Qld 4754

8. PLANNING SCHEME

This decision is issued under the Mirani Shire Planning Scheme including amendments up to 19 December 2011.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED

Operational Work – Development Permit Access and Road Upgrade Haulage

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable


Decision Notice


12. RELEVANT PERIOD

The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

13. APPEALS

Attached is an extract from the Sustainable Planning Act 2009 which details your appeal rights and the appeal rights of any submitters regarding this decision.

14. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

15 March 2017

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2016-99 Decision Date: 8 March 2017

Page 1 of 4

1. Plan of Development The approved Extractive Industry (Sand Extraction – Quarry) development must be

completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Number

Title Prepared by Date

Websters Quarry – Plan of Development

Mackay Sand and Gravel

2. Compliance with Conditions All conditions must be complied with prior to the commencement of the use on the

subject site, unless specified in an individual condition. 3. Maintenance of Development The approved development (including landscaping, car parking, driveways and

other external spaces) must be maintained in accordance with the approved drawings and/or documents, and any relevant Council engineering or other approval required by the conditions.

4. Conflict Between Plans and Written Conditions Where a discrepancy or conflict exists between the written conditions of the

approval and the approved plans, the requirements of the written conditions will prevail.

5. Notice of Intention to Commence the Use Prior to the commencement of the use on the site, written notice must be given to

Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

6. Compliance with Council Standards All design and construction for the development must be in accordance with

Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Construction Specifications.

7. Damage The developer is responsible for the repair of any damage that is caused to

Council’s infrastructure as a result of the construction works associated with the proposed development. The developer must make any damage safe and then notify Council immediately. Council will make the decision as to who will carry out the rectification works and the timing for the completion of those works.



Page 2 of 4

8. Access and Road Upgrade The existing access to the site via R Watts Road and the existing access track

through the subject site must be upgraded as follows: a) R Watts Road must be upgraded and maintained to a stabilised gravel

standard where dwellings are located within 50m of the road boundary b) The internal access road from R Watts Road to the existing stockpile area

must be upgraded to a gravel standard, except in proximity to 172 and 174 R Watts Road where the access must be upgraded to a stabilised gravel standard.

9. Vehicle Manoeuvring To ensure compliance with the Vehicle Parking and Movement Code the stockpile

and screening area must be designed to ensure all vehicles can enter and exit this area in a forward gear.

10. Ponding and Diversion of Stormwater Ponding of stormwater resulting from the development must not occur on adjacent

sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

11. Erosion and Sediment Control The operator must implement Erosion and Sediment Control measures around the

stockpile area to ensure that any runoff from the site does not cause sediment to enter the adjacent riparian zone.

12. Haulage or Bulk Fill/Spoil Material Where the volume of material exported from the site exceeds 2,500m3, the volume

and transport route are to be nominated for separate Council approval. Specific conditions may apply, including contributions towards the cost of accelerated pavement degradation along haulages routes and/or for repairs to haulage routes.

13. Extraction Method The approved extraction method is by mechanical means only. There must be no

blasting on the subject site. 14. Transportation of Sand All sand transported to and or from the site must be covered to prevent dust or

spillage during transport. If soil is tracked or spilt onto the road pavement from works on the subject land, it must be removed no later than the end of each working day.



Page 3 of 4

15. Hours of Operation The hours of operation must be limited to 6.00am to 6.00pm, Monday to Saturday,

excluding public holidays. 16. Site Rehabilitation At the cessation of the approved use, the stockpile and screening area must be

returned to use as agricultural land and the visual amenity of the site is to be restored.

17. Security Signage Security signage must be installed on property boundaries and adjacent the

excavation area in order to prevent unauthorized or accidental public entry. 18. Screening Provide screening on haulage routes within 50m of existing dwellings. Agreement

must be made with the land owners and evidence of compliance/agreement must be provided to Council prior to commencement of use.

ASSESSMENT MANAGERS ADVICE 1. Maximum Annual Extraction Amount A maximum of 50,000m3 annually is approved to be extracted from the subject site.

Any increase in this amount of production will require a further Material Change of Use application to be lodged with Council.

2. Local laws The approved development must also comply with Council’s Local Laws under the

Local Government Act 1993 from time and other controls. 3. Hours of Work It is the applicant/owner’s responsibility to ensure compliance with Section 6W of

the Environmental Protection Regulation 1998, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

4. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Part 2A –

Environmental Nuisance of the Environmental Protection Regulation 1998 which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.



Page 4 of 4

5. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the

Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

6. Noise during Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Section 6S

General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

7. General Safety of Public during Construction It is the principal contractor’s responsibility to ensure compliance with Section 31 of

the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance

with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

8. Advertising Sign Approval No advertising sign and/or advertising device must be erected without separate

Council approval. An application to Council under Subordinate Local Law 1.4 must be made and approved prior to any such sign or device being erected.

9. Contaminated Land It is strictly the applicant/owner’s responsibility to source information regarding

contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.


Mackay Isaac Whitsunday Regional OfficeLevel 4, 44 Nelson StreetPO Box 257Mackay QLD 4740

Our reference: SDA-1116-034877Your reference: DA-2016-99

20 December 2016

Chief Executive OfficerMackay Regional CouncilPO Box 41Mackay QLD 4740

Attention: Darryl Bibay

Dear Ms. Bibay,

Concurrence agency response—with conditions given under section 285 of the Sustainable Planning Act 2009 for Development Permit for Material Change of Use – Extractive Industry over Lot 10 on SP201885 at 174 R Watts Road, Benholme QLD 4754

The referral agency material for the development application described below was received by the Department of Infrastructure, Local Government and Planning under section 272 of the Sustainable Planning Act 2009 on 8 November 2016.

Applicant details

Applicant name: Mobile Crushing Co Pty Ltd trading as Mackay Sand and Gravel Sales

Applicant contact details: PO Box 101Mackay QLD [email protected]

Site details

Street address: 174 R Watts Road, Benholme QLD 4754

Lot on plan: Lot 10 on SP201885

Local government area: Mackay Regional Council

Application detailsProposed development: Development Permit for Material Change of Use –

Extractive Industry Referral triggers


SDA-1116-034877

Department of Infrastructure, Local Government and Planning Page 2

The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 2, Item 1 – Environmentally relevant activities

Schedule 7, Table 2, Item 12 – Removal of quarry materialSchedule 7, Table 3, Item 2 – Development impacting on Statetransport infrastructure

ConditionsUnder section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditionsUnder section 289(1) of the Sustainable Planning Act 2009, the department must set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Approved plans and specificationsThe department requires that the following plans and specifications set out below and in Attachment 3 must be attached to any development approval.

Drawing/Report Title Prepared by Date Reference no.

Version/Issue

Aspect of development: Material Change of Use – Extractive Industry Appendix 4 Webster’s Sand Extraction Plan

Groundwork Plus - 157.008 -

Operational Plan – Extraction Methodology

Rod Sercombe 27 September 2016

- Version 1, Revision 2

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

For further information, please contact Vivian Luxton, Planning Officer, SARA Mackay Isaac Whitsunday on (07) 4898 6815, or email [email protected] who will be pleased to assist.

Yours sincerely

Patrick Ruettjes Manager (Planning) – Mackay Isaac Whitsunday Regional Office

cc: Mobile Crushing Co Pty Ltd trading as Mackay Sand and Gravel Sales, [email protected]: Attachment 1—Conditions to be imposed

Attachment 2—Reasons for decision to impose conditionsAttachment 3—Approved Plans and Specifications


SDA-1116-034877



Attachment 1—Conditions to be imposed

No. Conditions Condition timing

Development Permit for Material Change of Use – Extractive Industry

Schedule 7, Table 2, Item 1—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Environment and Heritage Protection to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions:

1. The development must be carried out:(a) generally in accordance with Appendix 4 Webster’s Sand

Extraction Plan prepared by Groundwork Plus, reference 1579.008; and

(b) to ensure that no extraction work occurs within 10 metres of the southern bank and 6 metres of the northern bank of Cattle Creek.

At all times.

2. The development must be carried out generally in accordance with the Operational Plan – Extraction Methodology prepared by Rod Sercombe dated 27 September 2016, version 1, revision 2.

At all times.

T13


SDA-1116-034877



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are: To ensure the development is carried out generally in accordance with the plans of

development submitted with the application. To ensure that no extraction activities take place within 10m of the southern bank

and 6m of the northern bank of Cattle Creek. This will prevent erosion and loss of remnant vegetation.

T13


SDA-1116-034877



Attachment 3—Approved plans and specifications

T13



darrylb

Manual DA & Date

Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters – General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.


Decision Notice


463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


Decision Notice


Please return this form to Council when you are ready to start your business or have an opening date. It is a condition of your approval that this form is returned.

NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2016-99

Date of Approval 8 March 2017

Approved Material Change of Use - Extractive Industry

Location L 10 R Watts Road, BENHOLME QLD 4754

Property Description Lot 10 on SP201885

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Mobile Crushing Co Address: PO Box 101 MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________

Please return form via email to: [email protected]


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