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General Meeting of Council MINUTES Meeting held in the Central Highlands Regional Council Chambers, Emerald Office Wednesday 12 June 2013 Commenced at 2.00pm

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Page 1: General Meeting of Council...Jun 12, 2013  · 1.2- 4126/12 – Portfolio Projects Pty Ltd (CR Pressler Pty Ltd) C/- CJ Feltham Pty Ltd – Reconfiguring a Lot – one (1) lot into

General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers, Emerald Office

Wednesday 12 June 2013

Commenced at 2.00pm

Page 2: General Meeting of Council...Jun 12, 2013  · 1.2- 4126/12 – Portfolio Projects Pty Ltd (CR Pressler Pty Ltd) C/- CJ Feltham Pty Ltd – Reconfiguring a Lot – one (1) lot into

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

WEDNESDAY 12 JUNE 2013

MINUTES CONTENTS

PRESENT .................................................................................................................................................... 3

APOLOGIES ................................................................................................................................................ 3

LEAVE OF ABSENCE ................................................................................................................................. 3

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................................................... 3

General Council Meeting : 22 May 2013 ....................................................................................................... 3

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST ...... 4

PETITION – BLACKWATER CYCLING VELEDROME ............................................................................... 4

COMMITTEE RECOMMENDATIONS / NOTES ........................................................................................... 4

Minutes of Meeting – CHIRRP – 14 May 2013 ............................................................................................. 4

Minutes of Meeting – Springsure Sport & Recreation Meeting – 28 May 2013 .............................................. 4

Minutes of Meeting – Springsure Work Camp Meeting – 30 May 2013 ......................................................... 4

INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION ............................................................. 4

Greenwaste and Recycling at Emerald Transfer Station ............................................................................... 4

Emerald Water Supply – SunWater Charges ................................................................................................ 5

Rolleston Windmill ........................................................................................................................................ 5

Arcadia Valley – Santos Contribution ............................................................................................................ 5

ORGANISATIONAL SUPPORT SERVICES’ SECTION .............................................................................. 6

Rates Discount ............................................................................................................................................. 6

Fees and Charges 2013 / 2014 .................................................................................................................... 6

COMMUNITY & DEVELOPMENT SERVICES SEGMENT ........................................................................... 6

1.1 – 4132/11 – Pitman Properties Ltd C/- Murray & Associates (Qld) Pty Ltd (K & P Ibell) – Material Change of Use – Accommodation Building – twenty (20) units– Permissible Change .......................... 6

1.2- 4126/12 – Portfolio Projects Pty Ltd (CR Pressler Pty Ltd) C/- CJ Feltham Pty Ltd – Reconfiguring a Lot – one (1) lot into two (2) lots – Material Change of Use – Multiple Dwelling – seventy-six (76) units ... 7

1.3 – 4164/12 – The Salvation Army C/- MVTP – Andrews Road Emerald – Material Change of Use – Family Store ....................................................................................................................................... 20

1.4 – 4168/12 – Lithmill Pty Ltd t/as Emerald Quarries C/- Fyfe Pty Ltd – Quarries Road Rubyvale – Material Change of Use – Extractive Industry ..................................................................................... 27

1.5 – 4177/12 – Kyronn Pty Ltd (Village National Pritchard Properties Pty Ltd) – 35 Pritchard Road Emerald – Material Change of Use – Extend Existing Accommodation – one hundred & twenty (120) rooms within forty (40) cabins........................................................................................................................ 36

1.6 – 4006/13 – Springsure Property Holdings Pty Ltd C/- Urbis Pty Ltd (EJ & EH Hagstrom) – Gregory Highway Emerald – Material Change of Use – Workers Accommodation ........................................... 37

1.7 – 4147/12 - 5D Developments Pty Ltd C/- McLynskey Planners Pty Ltd – 14 Conran Street Capella - Material Change of Use – Multiple Dwelling – seven (7) units ............................................................ 46

Adopt Major Amendment To IPA Planning Scheme (Amendment No 3) For Emerald Shire (2013) ............ 53

Delegated Approvals .................................................................................................................................. 54

Status of Current Development Applications ............................................................................................... 54

CORPORATE COMMUNICATIONS & STRATEGY SECTION .................................................................. 55

Adoption of Corporate Plan 2013 - 2018 ..................................................................................................... 55

CHIEF EXECUTIVE OFFICER’S REPORT ................................................................................................ 55

LGMA National Congress - Hobart - 20 – 22 May 2013 - CEO’s Report ..................................................... 55

GENERAL BUSINESS ............................................................................................................................... 55

LGAQ Resource Communities Forum ........................................................................................................ 55

ALGWA State Conference .......................................................................................................................... 56

Council Meeting 26 June 2013 ................................................................................................................... 56

CLOSURE OF MEETING ........................................................................................................................... 56

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MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 12 JUNE 2013 – PAGE 3

MINUTES – GENERAL MEETING HELD AT 2.00PM WEDNESDAY 12 JUNE 2013 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE

PRESENT Councillors Councillor (Cr) P. Maguire (Mayor) Councillors (Crs) P. Bell AM, C. Brimblecombe, K. Cracknell, G. Godwin-Smith, P. Maundrell, G. Nixon, K. Pickersgill, G. Sypher Officers Chief Executive Officer B. Ottone, General Manager Community and Development Services B. Duke, General Manager Organisational Support Services M. Lyons, General Manager Infrastructure, Assets & Public Facilities G.Brayford, Executive Manager Administration and Customer Services M. Webster, Executive Manager Corporate Communications & Strategy M. Sidhu, Manager Planning & Development Services L. Lankowski, M. Wills (Minute Secretary) APOLOGIES Nil Opening Prayer Pastor Stephen Jaensch (Lutheran Church) delivered the opening prayer. LEAVE OF ABSENCE Resolution: Cr Nixon moved and seconded by Cr Pickersgill “That a leave of absence be granted for Cr Cracknell for the meeting on 26 June 2013.”

Carried CONFIRMATION OF MINUTES OF PREVIOUS MEETING General Council Meeting : 22 May 2013 Resolution: Cr Godwin-Smith moved and seconded by Cr Brimblecombe “That the minutes of the above meeting, as printed and circulated to members, be adopted”.

Carried Business Arising Out Of Minutes Cr Maundrell • Internal Audit – Copy of some of the reports from auditors have not yet been sent out. – Mark Lyons to

action • Flood Focus Group - Flood Levies – have we had any legal advice regarding the flood levies. Has

sought his own advice which was that Council would have liability if it constructed levees and they failed causing harm. Copy of advice was given to Mayor Peter Maguire.

• Why was $5m funding for Royalties for the Regions that was allocated for the railway bridge has been directed to consultants and further reports – Mayor explained what was approved by resolution of Council

Bryan Ottone CEO

• Will be presenting a report to the next council meeting regards the GP Super Clinic • Will be presenting a report to the next strategy forum on Elected Members reimbursement and

provision of facility policy (revision)

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MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 12 JUNE 2013 – PAGE 4

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST Nil PETITION – BLACKWATER CYCLING VELEDROME Resolution: Cr Nixon moved and seconded by Cr Pickersgill “That the petition be received and be referred to the General Manager Community and Development Services for a report to Council.”

Carried

COMMITTEE RECOMMENDATIONS / NOTES Minutes of Meeting – CHIRRP – 14 May 2013 Resolution: Cr Sypher moved and seconded by Cr Bell “That the minutes of the Central Highlands Isaac Regional Roads Partnership Meeting held in Capella on 14 May 2013 be ‘received’”.

Carried

Minutes of Meeting – Springsure Sport & Recreation Meeting – 28 May 2013 Resolution: Cr Nixon moved and seconded by Cr Pickersgill “That the minutes of the Springsure Sport & Recreation Meeting held in Springsure on 28 May 2013 be ‘received’”.

Carried

Minutes of Meeting – Springsure Work Camp Meeting – 30 May 2013 Resolution: Cr Nixon moved and seconded by Cr Sypher “That the minutes of the Springsure Work Camp Meeting held in Springsure on 30 May 2013 be ‘received’”.

Carried

Attendance Mark Giebel Waste Management Coordinator attended the meeting Luke Lankowski Manager Planning and Development Services attended the meeting

INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION Greenwaste and Recycling at Emerald Transfer Station Resolution: Cr Bell moved and seconded by Cr Brimblecombe “That Council:

1. Receives the report and resolves that commercial business operators wishing to dispose of lawn clippings may do so at the Emerald Transfer Station for a flat rate of $15.00 per ute or trailer load; and

2. Endorses the current method of operation whereby all commercial loads of trees and prunings are

directed to the Lochlees Rd Landfill and be charged at the rate set in Council’s Schedule of Fees and Charges.

Carried (8-1)

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MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 12 JUNE 2013 – PAGE 5

Attendance Planning Officers Sarah Ronnfeldt, Michaela Lehman, Patterson Ngwira attended the meeting Emerald Water Supply – SunWater Charges Resolution: Cr Bell moved and seconded by Cr Godwin-Smith “That Council

1. Note and reject the proposed increases in the charges for raw Water from the Nogoa River;

2. Register a hardship case before the shareholding ministers of SunWater, and seek a review of the Price determination;

3. Council seek advice from the Queensland Competition Authority on the proposed pricing arrangements.”

Carried Attendance: CEO Bryan Ottone left the meeting. Rolleston Windmill Resolution: Cr Nixon moved and seconded by Cr Godwin-Smith “That Council:

1. That the windmill and water-tank be moved out of the TMR road reserve and be placed into the Beasley Park;

2. That the windmill is to be used for display purposes only; and 3. That a small solar pump is to be used to pump water from the existing borehole.”

Carried

Attendance CEO Bryan Ottone returned to the meeting. Arcadia Valley – Santos Contribution Resolution: Cr Nixon moved and seconded by Cr Sypher “That Council move ahead immediately with the funding from Santos for $3m towards capital works on the Arcadia Valley Road.”

Carried Attendance Acting Area Manager Works & Services South Mick Zimmerle attended the meeting and provided an update in regards to road maintenance on the roads in the Arcadia Valley area. Acceptance of the General Manager – Infrastructure, Assets & Public Facilities’ Report Cr Sypher moved and seconded by Cr Brimblecombe ‘That the General Manager – Infrastructure, Assets & Public Facilities’ Report and Monthly Information Bulletin be received.’

Carried

Attendance Acting Area Manager Works & Services South Mick Zimmerle left the meeting

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MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 12 JUNE 2013 – PAGE 6

ORGANISATIONAL SUPPORT SERVICES’ SECTION Rates Discount Resolution: Cr Godwin-Smith moved and seconded by Cr Bell “That Council confirm the actions of the Chief Executive Officer in changing the due date for payment and discount period for the 4th Quarter rate notice issued on the 20 May 2013 to now close on the 17th July 2013, in accordance with Section 130 of the Local Government Regulation 2012.”

Carried

Fees and Charges 2013 / 2014 Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That Council adopt the Cost Recovery and Commercial fees and charges schedule as attached to take effect from the 1 July 2013 and further that in accordance with Section 257 of the Local Government Act 2009 the Chief Executive Officer be delegated power to make changes to commercial fees and charges as required from time to time.

Carried Acceptance of the General Manager – Organisational Support Services’ Report Cr Brimblecombe moved and seconded by Cr Nixon ‘That the General Manager – Organisational Support Services’ Report be received.’

Carried

COMMUNITY & DEVELOPMENT SERVICES SEGMENT 1.1 – 4132/11 – Pitman Properties Ltd C/- Murray & Associates (Qld) Pty Ltd (K & P Ibell) – Material Change of Use – Accommodation Building – twenty (20) units– Permissible Change Application No: 4132/11 Applicant: Pitman Properties Pty Ltd C/- Murray & Associates (Qld) Pty Ltd Owner: Kaye Lynette and Paul William Ibell Site Address: 129 Borilla Street, Emerald Real Property Description: Lot 3 on RP609537 Area of Land: 4,214m² Current Use of Land: Residential Applicant’s Name: Pitman Properties Pty Ltd Applicant’s Address: GPO Box 246, Nambour QLD 4560 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 – 2009) Zone: Town Zone: Residential Precinct Proposal: Material Change of Use: Accommodation Building – twenty (20)

units Change Proposed: Request to change development approval by allowing the

development to undertaken in two (2) stages (Stage 1 incorporating dwelling units 1-4 including provision of Stormwater Pipe and Stage 2 incorporating dwelling units 5-20)

Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Submissions: Three (3) Attachments: Plans of Development Locality Plan

Request to Change Development Approval

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Resolution: Cr Bell moved and seconded by Cr Godwin-Smith “That Council refuse an application for a request to change development approval on land at 129 Borilla Street, Emerald described as Lot 3 on RP609537 on the following grounds: Grounds for Refusal

1. The general public and the submitters to this development application were not accorded the opportunity to consider the impacts of the staging on their properties. This is because the staging component was not included in the original application, which was publicly notified. The submitters and owners of the property at 4 Spica Place, Emerald described as Lot 17 on SP106020 which adjoins the subject site to the north were concerned the development would result in a lot of more noise and disruption to what is currently a quiet neighbourhood.

2. The financing and supply and demand matters have been considered in light of the applicant’s efforts to obtain another development approval for an ‘Accommodation Building’ - [Motel – twenty-two (22) rooms] at 6 New Street, Emerald described as Lot 5 on RP618959 (Council re: 4188/12) and to sell the property subject to this development approval as advertised by CD Adams in realestate.com.au (property No. 200533895). In the event of the property being sold to someone else, there is potential to redesign and extend the currency periods even further. It is considered that such a process would be to the detriment of the owners and occupiers of the adjoining properties.

3. Permitting the staging of the development would mean that the proposed landscaping would not be incorporated within the entire site during Stage 1 and as such the submitters’ concerns in relation to visual amenity issues would be overlooked for the benefit of the applicant. The applicant and the owners and occupiers of the adjoining properties must be accorded the same opportunity in terms of the visual amenity.

4. The applicant has not specified when Stage 2 of the development is to commence and be completed. For this and other reasons mentioned above the request for staging was not accepted when it was raised in the revised request for a Negotiated Decision Notice. This approval has a currency period of four (4) years and will remain in force until 27 February 2017. This approval can further obtain an extension of this currency period pursuant to section 383 of the Sustainable Planning Act 2009. The assessment manager will consider the circumstances warranting an extension of the currency period. The assessment manager will consider the circumstances warranting an extension of the currency period at the expiry date of the current currency period.”

Carried

Attendance: Council Officer General Manager Community and Development Services Brad Duke left the meeting Council Officer General Manager Community and Development Services Brad Duke returned to the meeting 1.2- 4126/12 – Portfolio Projects Pty Ltd (CR Pressler Pty Ltd) C/- CJ Feltham Pty Ltd – Reconfiguring a Lot – one (1) lot into two (2) lots – Material Change of Use – Multiple Dwelling – seventy-six (76) units Application No: 4126/12 Applicant: Portfolio Projects Owner: Mr Craig Pressler Site Address: Capricorn Orchard Road (aka Pressler Road), Emerald Real Property Description: Lot 3 on SP186018 Area of Land: 89.2268 Ha Current Use of Land: Agricultural Pursuits including sheds and structures Applicant’s Address: CJ Feltham Pty Ltd

PO Box 1131

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MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 12 JUNE 2013 – PAGE 8

NEW FARM QLD 4005 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 2 – 2011) Zone: Town Zone: Residential Precinct; Open Space Zone and Rural

Zone Proposal: Reconfiguring a Lot: one (1) lot into two (2) lots and Material

Change of Use to establish a Multiple Dwelling (seventy-six [76] dwelling units)

Approval Type: Development Permit Development Type: Reconfiguring a Lot and Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads Submissions: Twenty-seven Attachments: 1. Locality Map

2. Development Plans 3. DTMR Concurrence Agency Response

Resolution: Cr Brimblecombe moved and seconded by Cr Bell “That Council advise the applicant, Portfolio Projects, that the application for approval of a Development Permit for a Reconfiguring a Lot: one (1) lot into two (2) lots and Material Change Use to establish a Multiple Dwelling (seventy-six [76] dwelling units) on land located at Capricorn Orchard (aka Pressler) Road, Emerald and formally described as Lot 3 on SP186018 is approved subject to the following conditions: 1. PARAMETERS OF APPROVAL The development of the premises must comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to release of Survey Plan and to be maintained at all times thereafter. 2. APPROVED PLAN The development must be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval.

Plan Title Project / Plan / Document No.

Sheet No.

Plan Date Prepared by

Plan of Subdivision 874-P1-120619-TB1

1 of 2 20/06/2012 T.R. Baillie Consulting Surveyors

Plan of Subdivision 874-P1-120619-TB1

2 of 2 20/06/2012 T.R. Baillie Consulting Surveyors

Site Plan 12 200/1 Rev. G - 13/11/2012 Robin Butt Design Site Plan South 12 200/2 Rev. G - 13/11/2012 Robin Butt Design Site Plan North 12 200/3 Rev. G - 13/11/2012 Robin Butt Design Type A Ground Floor Plan

12 200/4 Rev. E - 7/11/2012 Robin Butt Design

Type A Upper Floor Plan

12 200/5 Rev. E - 7/11/2012 Robin Butt Design

Type B Ground Floor Plan

12 200/6 Rev. E - 7/11/2012 Robin Butt Design

Type B Upper Floor Plan

12 200/7 Rev. E - 7/11/2012 Robin Butt Design

Type C Floor Plan 12 200/8 Rev. E - 7/11/2012 Robin Butt Design Unit Areas Bin Storage Detail

12 200/9 Rev. E - 7/11/2012 Robin Butt Design

This approval has a currency period of four (4) years and will remain in force until 22 May 2017. Should the

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development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: Prior to the release of Survey Plan and maintained at all times thereafter. Advisory Note: The relevant period of this approval with is in accordance with Section 341 of the Sustainable Planning Act 2009. RECONFIGURING A LOT 3. ACCESS Access is to be provided to each proposed lot generally in accordance with the approved plan. Timing: Prior to sealing of the Survey Plan 4. PLAN CERTIFICATION Certification must be provided from a Cadastral Surveyor that the lots have been created in accordance with the approved plan. Timing: Prior to the release of Survey Plan. 5. RELEASE OF SURVEY PLAN Council will not endorse or release the survey plan for this development until such time as:

(a) All conditions attached to this approval have been fully satisfied; and

(b) All outstanding rates and charges relating to the site have been paid.

(c) Where a condition requiring infrastructure upgrades or works has not been carried out to Council’s satisfaction, Council may consider accepting a bond for the uncompleted works. The bond amount shall be 150% of the value of works to be completed, and apply only to the following Conditions of approval, contained within this Decision Notice; and

(d) A statement demonstrating compliance with all conditions of this Decision Notice has been submitted to Council.

Timing: Prior to the release of Survey Plan. 6. BUILDINGS AND ENCUMBRANCES

(a) Provide evidence that all buildings and structures located on the site are fully contained on a single allotment within the proposed development;

(b) Where any part of a building or structure on the subject site traverse an existing or proposed boundary the encumbrances must be resolved by either:

(i) removing the encumbrance; or (ii) submitting an amended plan of subdivision identifying the encroachment, and showing a

revised boundary alignment. Timing: Prior to release of survey plan. 7. ACCESS RESTRICTION TO PROTECTED LAND Bollards are to be erected along the full frontage of Easement A to Capricorn Orchard (aka Pressler) Road.

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Advisory note: this treatment is required to restrict vehicle access to the protected land contained within Easement A. Timing: Prior to the release of Survey Plan and to be maintained at all times. MATERIAL CHANGE OF USE 7. APPROVED USE The use permitted as part of this approval is Multiple Dwelling Development – seventy-six (76) dwelling units. Timing: To be maintained at all times after commencement of use. 8. REMOVAL OF EXISTING STRUCTURES AND DWELLING UNIT Remove of all existing structures and the dwelling unit from proposed Lot 4. Timing: Prior to commencement of use. 9. TRANSFER OF LAND TO COUNCIL The land area located within the northern portion of proposed Lot 4 comprising an area of approximately 1,470 square metres and referred to as “Communal Open Space” on the Approved Plans must be transferred to Council in fee simple on trust for recreation and nature conservation purposes. The land area to be transferred must be unencumbered by services and must be amalgamated with adjoining land to the north formally described as Lot 47 on SP206032. The developer must be responsible for all costs associated with the transfer of the land, including the requirement to obtain a valuation for the land from a registered property valuer and to pay all stamp duty upon transfer. One original signed and 'stamped' Queensland Land Registry Transfer of Ownership and Forms 1, 24 and 20 must be lodged with Council for endorsement prior to the registration of title, together with a survey plan and a copy of the land valuation. Timing: Prior to commencement of use. 10. AMENITY - LANDSCAPING Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with the approved landscape plan. The landscape works must be completed prior to the commencement of use. Timing: Prior to commencement of use and at all times thereafter. 11. AMENITY – LANDSCAPE DESIGN REQUIREMENTS Landscaping is to be carried out in accordance with an approved, scaled landscape drawings prepared by a suitably qualified professional. The landscape plan shall contain species which shall screen the development from the streetscape.

The plans shall contain the following minimum information:

● Surveyed location and botanical name of existing vegetation, including species’ height and spread,

● Specify vegetation to be retained and that to be removed;

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● Any structures or significant vegetation on adjoining properties that could impact upon the site;

● Existing contours and proposed finished levels for earthwork;

● Location of existing and proposed services;

● Location and detail of subsurface, stormwater drainage and overland flow path of grassed swales;

● General identification of hard and soft landscape treatments;

● Location, species’ botanical name, numbers, pot size and mature height of all proposed planting; and

● Location of slope batters steeper than 1:4. Before commencing the works, approval for the landscape plan is to be obtained from the Chief Executive Officer, or delegate. Timing: Prior to commencement of use and to be maintained at all times thereafter. 12. EXISTING VEGETATION BUFFER – EASEMENT B ON SP186018 The existing trees located within vegetation buffer described as Easement B on SP186018 must be retained. Timing: At Operational Works Stage. 13. AMENITY – CLOTHES DRYING FACILITIES Provision will be made for each dwelling to have access to a clothes drying facility that is screened from public view. Timing: Prior to commencement of use and at all times once use has commenced. 14. AMENITY – BUILDING APPEARANCE All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Ensure all landscaped areas are kept free of parked vehicles, stored goods, and garbage or waste materials. Timing: Prior to commencement of use and at all times thereafter. 15. AMENITY – SERVICE EQUIPMENT All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. All mechanical plant must comply with the noise criteria below: Mechanical Plant Noise Limits

Period Time Maximum noise limits at noise sensitive receiver

(measured as LA90) Day 7am – 6pm 51dB(A) + 5dB(A) = 56dB(A)

Evening 6pm-10pm 46 dB(A) + 5dB(A) = 51dB(A) Night 10pm – 7am 42 dB(A) + 5dB(A) = 45dB(A)

Source: Section 440U of the Environmental Protection Act 1994.

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Timing: To be maintained at all times after commencement of use. 16. AMENITY – HOURS OF CONSTRUCTION Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works 17. AMENITY – MAIL DELIVERY Each unit shall be provided with a letter box. These may be incorporated with a landscaping feature having frontage to the internal road network. Timing: Prior to commencement of use, and at all times thereafter. 18. AMENITY – PRIVACY SCREENING

(a) Internal fencing must be erected between each dwelling unit to a minimum height of 1.5 metres for the purpose of screening private open space.

(b) Appropriate privacy screening must be provided at all times where any habitable room window has a direct outlook to another habitable room window in another dwelling unit on the site or adjoining land.

(c) Appropriate privacy screening must be provided where any deck, balcony or window attached to a dwelling unit has a direct outlook onto private open space of another dwelling unit on the site or adjoining land.

Timing: Prior to commencement of use and maintained at all times. 19. AMENITY – SCREEN FENCING

(a) Repair and ‘make good’ any damage, at the Applicant’s expense, caused by this development to existing property boundary fences to at least the state the fence was in prior to the development occurring; AND

(b) Install a 1.8 metre high fence along the eastern and southern boundaries of the development site at the Applicant’s expense.

Timing:

Prior to commencement of use.

20. AMENITY – FENCING TO PROTECTED LAND

A permanent fence not exceeding 1.8 metres must be constructed along the entire length of the interface of the site with the protected land formally described as Easement A on SP186018. No works are permitted in Easement A without the prior written consent of Chief Executive Officer.

Timing:

Prior to commencement of use and maintained at all times. 21. AMENITY – PROTECTION OF PRIVACY To ensure privacy is protected between adjoining properties, the windows located on the upper level eastern building face of Type A Units located along the eastern side boundary must either:

(a) Have a minimum window sill height or 1.5 metres above floor level; or

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(b) be fitted with opaque glazing; or

(c) be fitted with a fixed external screen.

Timing: Prior to commencement of use and to be maintained at all times. 22. AMENITY – COMMUNAL RECREATION AREAS Communal recreation area/s must be provided as shown on the stamped approved plans, with the exception of the northern communal open space which is to be dedicated to Council for recreation reserve in accordance with Condition 9. Timing: Prior to commencement of use. 23. AMENITY – WASTE MANAGEMENT Provide and maintain a refuse storage area for each of dwelling units in accordance with the approved plans in a way so as not to cause visual or odour nuisances to adjoining or surrounding properties. Ensure that these storage areas are impervious and drained and are screened from the view from public land. Provide one hundred and fifty-two (152) Central Highlands Regional Council’s refuse storage bins for the proposed development. Ensure that each dwelling unit is allocated two (2) refuse storage bins. Seal and drain all refuse storage areas within the development site as shown on the approved plans of development. Advisory note: Each Council’s bin has a capacity of 240 litres and is purchased from the Council. One bin is used for the general waste and the other bin for recycling. Timing: Prior to commencement of use. 24. AMENITY – LIGHTING Use angle or shade lighting to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to nearby premises or roads. Provide lighting in accordance with AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting and CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: Prior to commencement of use. 25. AMENITY – OPEN SPACE Provide and maintain at all times a private open space area for each of dwelling units located at the ground level which:

(a) is minimum of 25m² in area;

(b) has a minimum dimension of 5m;

(c) is directly accessible from the dwelling unit, ideally from living areas or non-habitable rooms;

(d) contains clothes drying areas which are screened from the view of adjoining roads to protect the amenity of the surrounding area; and

(e) is fenced or otherwise screened for privacy and exclusive use of the dwelling unit.

Timing: Prior to commencement of use.

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26. COMMUNITY MANAGEMENT STATEMENT Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice. Without limiting the content of the Community Management Statement, it must:

(a) not include a land component described as a court yard, private yard, external garage or the like unless in accordance with a development approval for reconfiguring a lot;

(b) include any obligations, responsibilities or controls imposed on the Body Corporate in a condition of any relevant development approval; and

(c) include equal access to all visitor car parking spaces, communal recreation areas, access driveways and the like intended to be available to all lots in the Community Titles Scheme.

Timing: Prior to release of any future Building Format Survey Plan. 27. CONSTRUCTION MANAGEMENT – EMISSIONS Operate the use so that there is no interference with the amenity of the area or detriment effect on any person by reason of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: To be maintained at all times after commencement of use. 28. ACCESS Access to Lot 4 is to be carried out in accordance with the Capricorn Municipal Development Guidelines standard drawing CMDG-R-042 and is to be located generally in accordance with the stamped approved plans. Timing: Prior to the commencement of use 29. VEHICULAR ACCESS Adequate vehicle manoeuvring areas are to be provided that all vehicles are able to enter and exit the site in forward direction. Timing: Prior to the commencement of use 30. PAVEMENT CONSTRUCTION Car parking and access ways are to be paved and sealed. Pavements are to be designed by a suitably qualified professional. Timing: Prior to the commencement of use 31. CAR PARKING All car parking, resident and visitor, is to be constructed in accordance with AS/NZS 2890.1 – Parking Facilities – Off Street Parking except that the width is required to be 2.75m. Any provision for Disabled Parking is to be in accordance with AS/NZS 2890.6 – Parking Facilities – Off Street Parking for people with disabilities. Timing: Prior to the commencement of use

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32. EXTERNAL ROADWORKS Capricorn Orchids Road for the full frontage of proposed Lot 4 (see note below) must be constructed in accordance with the following design parameters:

(a) Kerb and channel on an alignment appropriate to accommodate the Council’s standards and the roadworks to the east. In this regard and prior to the commencement of the design for the works the developers consulting engineer shall contact the Council’s Development Engineer to confirm the proposed design alignment will be appropriate. At the inspection an appropriate location for the termination of the construction shall be established;

Advisory note: The construction must extend for as far as practicable along the frontage of proposed Lot 4;

(b) A full depth gravel pavement extending from the edge of the existing bitumen seal to the kerb and channel in accordance with the Council’s standards. The nominal width of the new construction shall be 7.5 metre;

(c) The above pavement shall be sealed with asphalt in accordance with the Council’s standards;

(d) A 1.2 metre wide concrete footpath shall be provided;

(e) A fully topsoiled and turfed roadway verge shall be constructed from the back of the kerb and channel proposed above;

(f) All signage (including line marking) and associated drainage works (including any applicable underground drainage) shall be provided;

(g) The works shall be designed to transition neatly into the existing roadwork to the north;

(h) An appropriate sealed turnaround at the western end of the site shall be incorporated into the above construction. The turnaround shall include appropriate provision for the connection of the gravel construction to the west. The kerb and channel shall flare away from the bulb to an appropriate design. A bidirectional hazard marker of appropriate dimensions shall be provided at the termination of the construction. The design shall address the issue of the steep bank adjoining the end of the construction and whether guard rail and a retaining structure should be provided; and

(i) Provision of one (1) street tree within the road reserve for every twenty (20) metres of road frontage.

Timing: Prior to the commencement of use 33. INTERNAL ROADWORKS The internal road is to be constructed in accordance with Council Standards and is to include:

(a) Provision of kerb and channel for the entire internal road;

(b) The width of the double lane carriage way is to be 6m in width as per the approved plans and the single lane carriageway is to be 4m in width with adequate passing bays as per the approved plans;

(c) The provision of a truck turning bay at the end of the single lane carriage way to facilitate waste collection or any other delivery truck to be able to exit in forward motion; and

(d) The internal road is to be constructed of asphaltic concrete surfacing together with associated works for the full length of internal road.

Timing: Prior to the commencement of use 34. EASEMENTS An easement must be provided to Council for any sewerage, water or drainage network that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect the infrastructure. The minimum width of any easement shall be 4.0m. Any such easement will be provided at no cost to Council. Timing: Prior to the commencement of use

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35. PROVISION OF UTILITIES Documentary evidence to the Chief Executive Officer or delegate must be provided from relevant electrical and telecommunication service providers confirming that satisfactory arrangements have been made for the provision of such services. Timing: Prior to the commencement of use 36. WORKS – APPLICANTS EXPENSE All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to the commencement of use 37. STORMWATER DRAINAGE – DISCHARGE AND DISPOSAL All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing nuisance or annoyance to any person. The lawful point of discharge for stormwater is the existing wetland to the North of the proposed site. Site Based Stormwater Management is to be carried out in accordance with the Site Based Stormwater Management Plan prepared by GHD dated December 2012. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG), the Queensland Urban Drainage Manual (QUDM) and Water Sensitive Urban Design (WSUD). Timing: Prior to the commencement of use 38. DEVELOPMENT STANDARDS - CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD All works, services, facilities and/or public utility alterations required by this approval shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. The applicant/owner shall be responsible for the maintenance of all the works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotment. The maintenance period referred to in this condition shall be extended by Council in the event of:

(a) Major repairs having been carried out to the works during the maintenance period;

(b) Unsatisfactory operation of mechanical or electrical equipment during the maintenance period;

(c) The Plan of Survey not being registered at the conclusion of the maintenance period (including any extended maintenance period); and/or

(d) Erosion and sediment control is not operating or maintained satisfactorily. Timing: Prior to the commencement of use

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39. DEVELOPMENT STANDARDS - CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require approval of the Chief Executive Officer of delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the approved plans and specification approved by Council. Timing: Prior to the commencement of use 40. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between 6:30a.m.to 6:30p.m. Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays without the prior written approval of the Chief Executive Officer. Timing: Prior to the release of Survey Plan. 41. SEWERAGE SUPPLY SYSTEM – CONNECTION

(a) Submit for approval of the Chief Executive Officer or delegate of the Central Highlands Regional Council, the sewer layout including connection branches in accordance with Council’s current standards.

(b) Connect to Council’s reticulated sewerage system at no cost to Council.

(c) Provide evidence to Council that approval has been granted by the owner of Lot 88 on SP186050 that works can be carried out on the property to connect into Sewer Manhole ¼ as Council has not be granted an easement over the infrastructure located within their boundary.

Timing:

(a) Prior to the commencement of work

(b) Prior to the commencement of use

42. WATER SUPPLY – CONNECTION

(a) Submit for approval of the Chief Executive Officer or delegate of the Central Highlands Regional Council, the water supply layout including provision for main cocks, meter assembly and metre box to the front property boundary and valve & hydrant markers including connection branches in accordance with Council’s current standards.

(b) Connect to Council’s reticulated water supply system at no cost to Council.

Timing: Prior to the commencement of use 43. DEVELOPMENT STANDARDS – FINISHED FLOOR LEVEL Minimum Habitable Finished Floor Levels are to be in accordance with the Building Act 1975. Timing: Prior to the commencement of use 44. EROSION AND SEDIMENT CONTROL PLAN Effective erosion and sedimentation control must be provided at all times during the works period. Runoff from all areas where the natural surface is disturbed by construction must be free of pollutants and / or sediment before it is dispersed to stable areas, or directed to existing stormwater drains or natural watercourses. Erosion and stormwater control measures must be designed and constructed in accordance with the Soil Erosion and Sediment Control – Engineering Guidelines for Queensland Construction Sites 1996.

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Timing: At all times. 45. DAMAGE TO COUNCIL SERVICES AND ASSETS Any damage caused to existing services and assets above or below the ground must be repaired:

(a) where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or

(b) where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and Assets must first be referred to the relevant service authority for approval. Timing: At all times. 46. INFRASTRUCTURE CHARGES

(a) Reconfiguring a Lot

An infrastructure charge of $12,689.00 must be paid in accordance with Council’s Adopted Infrastructure Charges Resolution (No. 6) 2012.

Network Adopted Charge Water Supply $0 Sewerage $0 Transport $9,643.64 Parks $3,045.36 Total Calculated Charge $12,689.00

This contribution above is subject to periodic review and is payable at the rate current at the time of payment.

(b) Material Change of Use

An infrastructure charge of $1,534,932.30 must be paid in accordance with Council’s Adopted Infrastructure Charges Resolution (No.6) 2012. The rate has been calculated as follows: AIC = (AC – D) – O where: AIC is the adopted infrastructure charge that may be levied for development; AC is the adopted charge for the trunk infrastructure networks to service the development stated in section Table 2.1(a); D is the discount for the trunk infrastructure networks servicing the premises stated in section 3.0 (Discounting); and

O is an offset for the supply of the trunk infrastructure (works and/or land) against the adopted infrastructure charges stated in Section 7.0 (Offsets).

Therefore: AC = ($14,895.00 per unit (Accommodation (Long Term) 2 bedroom dwelling) x 10 units = $148,950.00)

+ ($25,167.00 per unit (Accommodation (Long Term) 3 bedroom dwelling) x 66 units = $1,661,022) = $1,809,972

D = $25,167 for existing House/Lot O = $253,396.08 (14% Parks) AIC = $1,534,932.30

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Network Adopted Charge Water Supply $423,884.70 Sewerage $281,100.30 Transport $679,715.40 Parks $0.00 Stormwater $150,231.90 Total Calculated Charge $1,534,932.30

Timing:

a) Prior to release of Survey Plan b) Prior to commencement of use

47. CONSTRUCTION MANAGEMENT PLAN

The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works. To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme. In particular, the preliminary Construction Management Plan should address the following:

(a) a Traffic Management Control Plan:

(i) detailing all temporary signage and traffic control measures prior to construction; and (ii) maintenance of safe pedestrian access across the frontage of the site both during daily

construction and after daily construction has ceased; and (iii) proposed fencing to the site during the construction phase of the development.

(b) maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.

(c) works programme identifying key components of the works and their respective durations. Advisory note: this should include any requirements for temporary structures such demountable buildings directly associated with the construction activities and/or construction workers accommodation.

(d) establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.

(e) identification of complaint management procedures including:

(i) contact details for the on-site manager; and (ii) dispute resolution procedures.

Timing: At Operational Works Stage and to maintained prior to the commencement of the use. CONCURRENCE AGENCY’S CONDITIONS

1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Department reference: TMR 12-004083 Development Application Number: 4126/12 Lot 3 on SP186018 Development Permit for Reconfiguring a Lot and Material Change of Use – Multiple Dwelling (76 dwelling units)”

Carried (7-2)

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1.3 – 4164/12 – The Salvation Army C/- MVTP – Andrews Road Emerald – Material Change of Use – Family Store Application No: 4164/12 Applicant: The Salvation Army C/- MVTP Owner: The Salvation Army (Queensland) Property Trust Site Address: Andrews Road, Emerald Real Property Description: Lot 35 on SP123697 and Lot 34 on SP179581 Area of Land: 9,526m² Current Use of Land: Residence, Place of Worship and Car Park Applicant’s Address: C/- MVTP, PO Box 318, Wavell Heights North Qld 4012 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 2) 2011 Zone: Town Zone: Residential Precinct Proposal: To establish a Shop (Family Store) Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: Two (2) Attachments: Locality Map

Plans of Development Resolution: Cr Godwin-Smith moved and seconded by Cr Sypher “That Council advise the applicant, The Salvation Army C/- MVTP, that the application for a Development Permit for a Material Change of Use: Shop (Family Store) on land at Andrews Road, Emerald, described as Lot 35 on SP123697, is approved subject to the following conditions: 1. APPROVED USE Ensure that the use permitted as part of this approval is a Shop (Family Store). Limit the operation of the Shop (Family Store) within the new building. To remove any doubts, this approved use must not operate in any of the existing dwelling unit (caretaker’s residence), Place of Worship and shed located within the development site.

This approval has a currency period of four (4) years and will remain in force until 12 June 2017. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: Prior to commencement of use and unless otherwise stated in a specific condition. 2. APPROVED PLANS The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Drawing Name Drawing No. / Issue No.

Project No.

Prepared by Dated

Proposed Site Plan 03 of 8 / F 94.11 Craig Stanger Design

30.10.12

Part Site Plan, Existing Amenities

04 of 8 / F 94.11 Craig Stanger Design

30.10.12

Floor Plan 05 of 8 / F 94.11 Craig Stanger Design

30.10.12

Elevations (East and South)

06 of 8 / F 94.11 Craig Stanger Design

30.10.12

Elevations (North and West)

07 of 8 / F 94.11 Craig Stanger Design

30.10.12

Conceptual 07 of 8 / F 94.11 Craig Stanger 30.10.12

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Landscape Plan Design Timing: Prior to commencement of use. 3. AMENITY - LANDSCAPING Carry out any new landscaping and associated earthworks, site preparation and other necessary works in accordance with an approved external works and landscape plan and Development Design Code in the Central Highlands Regional Council’s Emerald Shire Planning Scheme (Amendment No. 2) 2011.

Retain and maintain at all times the existing trees and landscaping within the development site. Timing: Prior to commencement of use. 4. AMENITY – SCREEN FENCING

a) Repair and 'make good' any damage, at the applicants expense, caused by this development to existing property boundary fences to at least the state the fence was in prior to the development occurring. Notify in writing the adjoining property owner who shares ownership of the boundary fence about the works at least one week before any work on the fence occurs.

OR

b) Install, unless otherwise required in other conditions of this approval, a 1.8 metre high fence along the side and rear boundaries of the development site at the applicant's expense;

AND

c) Install a fence with a maximum height of 1.5 metres and a minimum transparency of 50% along the eastern side boundary of Lot 35 on SP123697, except for the pedestrian and vehicle access points, which must be fitted with lockable gates.

5. AMENITY – VISUAL Ensure all landscaped areas are kept free of parked vehicles, stored goods, garbage or waste materials. Timing: To be maintained at all times after commencement of use. 6. AMENITY – EMISSIONS Operate the use so that there is no interference with the amenity of the area or detrimental effect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: Prior to commencement of use and to be maintained at all times thereafter. 7. AMENITY – HOURS OF CONSTRUCTION Ensure that construction work that makes or causes audible noise is only carried out on the development site from Mondays to Saturdays between the hours of 6:30 am and 6:30 pm.

Ensure that any construction work outside of the hours of 6.30 am and 6.30 pm from Mondays to Saturdays, including Sundays and public holidays has the prior written approval of the Chief Executive Officer, or delegate. Ensure that these hours are maintained at all times during construction works. Timing: Prior to commencement of use.

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8. AMENITY – LOCATION OF SERVICE EQUIPMENT Locate and maintain at all times all service equipment, including air conditioning units and lighting so as not to cause a nuisance to the occupants of adjoining and neighbouring premises.

Locate all service equipment, including air conditioning and lighting above the minimum habitable floor level or above the previous flood level on the site.

Timing: Prior to commencement of use. 9. AMENITY – HOURS OF OPEARTION Limit the hours of operation to between 9.30 am and 2.30 pm Mondays to Fridays. Ensure that the use does not operate on Saturdays or Sundays or Public Holidays.

Ensure that any hours of operation outside of the hours of 9.30 am and 2.30 pm from Mondays to Fridays, including Saturdays, Sundays and Public Holidays has the prior written approval of the Chief Executive Officer, or delegate. Timing: Prior to commencement of use and to be maintained at all times thereafter. 10. SERVICE VEHICLES Limit the operation of delivery vehicles and/or waste collection to between the hours of 9.30am and 2.30pm Mondays to Fridays. Loading and/or unloading from the street is prohibited. Timing: To be maintained at all times after commencement of use. 11. AMENITY – WASTE MANAGEMENT Provide and maintain a refuse bin storage enclosure within the site in a way so as not to cause visual or odour nuisances to adjoining or surrounding properties. Ensure that this bin storage enclosure is impervious and drained and is screened from the view from public land. Timing: Prior to commencement of use and to be maintained at all times thereafter. 12. AMENITY – LIGHTING Use angle or shade lighting to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to nearby premises or roads. Provide lighting in accordance with AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting and CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: Prior to commencement of use and to be maintained at all times thereafter. 13. CAR PARKING, LOADING BAY AND MANOEUVRABILITY Provide and maintain a minimum of thirty (30) car parking spaces on the site as shown on the approved plan of development and as amended by the assessment manager.

Ensure all car parking spaces are designed and constructed in accordance with AS 2890.1: Parking Facilities – Off-Street Parking, except that the minimum width of any new car space must be 2.75 metres.

All car parking spaces must be line marked.

Design and construct the proposed new carparking spaces marked 9, 10, 11, 12, 13, 14, 23 and 29; driveway and vehicle manoeuvring area with a minimum dimension of 5.5 metres in accordance with the Capricorn Municipal Development Guidelines Standard Drawing CMDG-R-042, AS2890.2 2002 Parking Facilities – Off-street commercial vehicle facilities and the approved plans of development, except that the minimum width of a car space must be 2.75m. Spaces which are located adjacent a hedge or letterbox must be at least 300 millimetres clear of the obstruction (where the obstruction is greater than 150mm).

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If it is decided that provision of a disable park is to be a part of this development it must be done in accordance with AS/NZS 2890.6: 2009 Parking Facilities – Off-Street Parking for people with disabilities.

Seal and drain all car parking, loading bay and vehicle manoeuvring areas within the development site as shown on the approved plans of development.

Provide loading bay area on the site as shown on the approved plan of development.

Provide adequate vehicle manoeuvring areas so that all vehicles are able to enter and exit the site in a forward direction.

Timing: Prior to commencement of use and to be maintained at all times thereafter. 14. DEVELOPMENT STANDARDS – ACCESS DRIVEWAY Design, construct and maintain the new access driveway at the location shown on the approved plans of development. The commercial slab crossing of the verge shall be constructed in accordance with Council’s Standard Drawing CMDG-R-042. The slab shall have a minimum width of 8.5m at the kerb line tapering to a minimum width of 6m at the property line. Seal and drain concrete driveway and refuse storage areas within the development site as shown on the approved plans of development. Submit to Council for approval, an Operational Works application.

Maintain Easement A to Council’s standards.

Ensure that provision is made within the development for disabled access in accordance with Australian Standard 1428 and take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991. Timing: Prior to commencement of use and at all times thereafter. 15. PROVISION OF UTILITIES Provide documentary evidence to the Chief Executive Officer or delegate from relevant electrical and telecommunication service providers confirming that satisfactory arrangements have been made for the provision of such services to the proposed building. Timing: Prior to commencement of use. 16. WORKS – APPLICANT’S EXPENSE Be responsible for the full cost of any connection, inspection and alteration necessary to electricity, telephone, water mains, sewer mains, stormwater drainage systems or easements and / or other public utility installations resulting from the development or from road and drainage works required in connection with the development. Timing: Prior to commencement of use. 17. STORMWATER DRAINAGE – GENERAL Undertake stormwater management on the development site in accordance with the design and construction criteria contained in the Capricorn Municipal Development Guidelines and Queensland Urban Drainage Manual. Ensure that the lawful point of discharge for the site is the stormwater easement on Lot 58 on SP203789 and that post-development peak flows are equal to or less that the pre-development peak flows.

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Submit to Council, a Compliance Certificate from a Registered Professional Engineer Queensland (RPEQ), certifying that stormwater management has been undertaken on the development site in accordance with the conditions of this approval and any other relevant approval issued by Council. Timing: Prior to commencement of use. 18. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL All stormwater, with the exception of water captured on-site in rainwater tanks, must be drained from the site and carried without causing annoyance or nuisance to any person to a lawful point of discharge in the stormwater easement on Lot 58 on SP203789. Timing: Prior to commencement of use. 19. EROSION & SEDIMENT CONTROL – GENERAL

a) Submit to Council for approval, an Erosion and Sediment Control Plan (ESCP) with engineering drawings. Ensure that the ESCP is prepared by in accordance with the Capricorn Municipal Development Guidelines.

b) Ensure that the requirements of the approved ESCP are implemented on the site.

Timing:

a) Prior to site clearing, construction or commencement of earthworks.

b) While site and/or building works are occurring. 20. SEWERAGE RETICULATION Provide sewerage reticulation to the proposed building, including connection to the existing system at no cost to Council. Ensure that only one point of connection is permitted for the development site.

Carry out all works in accordance with Council’s standards. Timing: Prior to commencement of use. 21. WATER SUPPLY RETICULATION Provide water supply reticulation to the proposed building, including connection to the existing system. Ensure that only one connection to Council‘s main is permitted for the development site and that the connection is metered.

Advisory Note:

This supply may be augmented by rainwater tanks.

a. Ensure that no direct cross connection between the tanks and the main water supply occurs.

b. Carry out all works in accordance with Council’s standards.

Timing: Prior to commencement of use. 22. INFRASTRUCTURE CHARGES An infrastructure charge of will be payable in accordance with Council’s Adopted Infrastructure Charges Resolution in effect at the time of approval of a material change of use development permit for the proposed development. Under Council’s current Adopted Infrastructure Charges Resolution (No.6) 2012, the amount payable for a multiple dwelling development comprising of seven (7) three-bedroom (including a study) dwelling units would be Thirty-Three Thousand and Four Dollars ($33,004.00).

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The above amount has been calculated as follows: AIC = AC – D where: AIC is the adopted infrastructure charge that may be levied for the development; AC is the local government adopted charge for the trunk infrastructure networks to service the

development stated in section Table 2.2(a); and D is the discount for the trunk infrastructure networks servicing the premises stated in section 3.1(a)

(Discounts). Therefore: Based on GFA of Shop: AC = $126.24 per m² of GFA x 300m² = $37,872 Based on Impervious Area (Proposed Building Area – 1,450m² less GFA – 300m² = 1,150m²): AC =$5 x 1,150 = $5,750 D = $10,618 (CPI Indexed - March 2000 to March 2013 - for Infrastructure Charges paid for Decision

Notice D319/99 dated 20/01/2000 for the value of $7,227 being for Water Supply and Sewerage Headworks Contributions)

AIC = $27,254 ($37,872 - $10,618) + $5,750 = $33,004 Please note: the amount is subject to periodic change and is payable at the rate current at the time of payment. Timing: Prior to commencement of use. 23. DEVELOPMENT STANDARDS – FINISHED FLOOR LEVEL Design and construct all buildings and structures to provide a minimum finished floor level, which complies with the Building Act 1975 (as amended). Provide certification from a Cadastral Surveyor to the Building Certifier that the finished floor level has been achieved as specified in this condition. Submit this certification to Council as part of the Building Application. Timing: Prior to the release of Certificate of Classification for the buildings and structures and at all times thereafter. 24. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION Undertake all works, services, facilities and/or public utility alterations required by this approval at the applicant/owner’s expense. Undertake the construction of all the works in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines.

Use Network Adopted Charge % of Total Adopted Charge

Shop - GFA Water Supply $1,362.70 5% Shop - GFA Sewerage $817.62 3%

Shop - GFA Transport $25,073.68 92% Sub-Total $27,254.00 100%

Impervious Area

Stormwater $5,750.00 100%

Total Calculated Charge $33,004.00

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Timing: Prior to commencement of use. 25. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Do not commence on works which will ultimately revert to Council or on adjacent roads or drainage schemes until Council has been advised in writing, of the name of the responsible contractor and that the contractor has received from Council a notice of appointment of principal contractor under the provisions of the Work Health and Safety Act 2011.

Do not commence on construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of council until:

a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council’s approval;

b) Council’s written approval for (a) has been issued; and c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to commencement of use.

26. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS Ensure that the construction of all works associated with the proposal is supervised by the RPEQ whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the RPEQ stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Timing: Prior to commencement of use. 27. DAMAGE TO COUNCIL SERVICES AND ASSETS Any damage caused to existing services and assets above or below the ground must be repaired:

a) Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or b) Where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval. Timing: Prior to commencement of use. SUBMITTERS

Name of principal submitter Address 1. Malcolm Stokes PO Box 1207 Emerald Qld 4720

2. Stephen & Noeline Hough 1/10 Mooney Crescent Emerald Qld 4720

Carried

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1.4 – 4168/12 – Lithmill Pty Ltd t/as Emerald Quarries C/- Fyfe Pty Ltd – Quarries Road Rubyvale – Material Change of Use – Extractive Industry Application No: 4168/12 Applicant: Lithmill Pty Ltd t/a Emerald Quarries Owner: State Land (allocated) Site Address: Quarries Road, Rubyvale Real Property Description: Part of Lot 6 on CLM447 Area of Land: 492 Ha Current Use of Land: Quarry, dwelling house and ancillary structures Applicant’s Address: C/- Fyfe Pty Ltd

PO Box 500 COOLUM BEACH QLD 4573 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 2 – 2011) Zone: Gumfields Zone: Balance Area Proposal: Material Change of Use – Extractive Industry (600,000 tonnes per

annum – Basalt / Hard Rock Quarry); High Impact Industry (Concrete Batching Plant and Chemical Storage); Low Impact Industry (Motor Vehicle Workshop) and Workers Accommodation (five [5] dwelling units) and Environmentally Relevant Activities (ERA): ERA 16 Threshold 2(c) – extracting, other than dredging, in a year more than 100,000t of material; ERA 16 Threshold 3(b) – screening, in a year more than 100,000t of material; ERA 8 Threshold 3(a) – storing 10m3 to 500m3 of chemicals of class C1 or C2 combustible liquids; and ERA 21 – operating a workshop on a commercial basis or in the course of carrying on a commercial enterprise.

Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads (DTMR)

Department of Environment and Heritage Protection (DEHP) Submissions: Three (3) Attachments: 1. Locality Map

2. Development Plans 3. DTMR Response 4. DEHP Response

Resolution: Cr Nixon moved and seconded by Cr Maundrell “That Council advise the applicant, Lithmill Pty Ltd trading as Emerald Quarries, be advised that the application for approval of a Development Permit for a Material Change Use to establish an Extractive Industry, High Impact Industry (Concrete Batching Plant and Chemical Storage), Low Impact Industry (Motor Vehicle Workshop) and Workers Accommodation on land located at Quarries Road, Rubyvale and formally described as Lot 6 on CLM447 is approved subject to the following conditions: GENERAL 1. PARAMETERS OF APPROVAL The development of the premises must comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to commencement of use and to be maintained at all times thereafter. 2. APPROVED USE The use permitted as part of this approval is:

a) Extractive Industry (limited to 600,000 tonnes per annum); and b) High Impact Industry (Concrete Batching Plant [limited to 200 tonnes per annum] and

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Chemical Storage [limited to 55,000 litres of C1 Combustible Liquids]; and c) Low Impact Industry (Motor Vehicle Workshop); and d) Workers Accommodation (limited to five [5] dwelling units).

Materials extracted from the site must not exceed an output of 600,000 tonnes per annum. A record of each year’s output must be kept on the site and must be provided to Council at any time upon request. Excavation activities must not extend outside the excavation area shown on the stamped Approved Plans. The Motor Vehicle Workshop, Concrete Batching Plant, Workers Accommodation and Chemical Storage are limited to the ancillary and exclusive use of the Extractive Industry operations on the subject site. Commercial benefit for the Motor Vehicle Workshop, Concrete Batching Plant, Workers Accommodation and Chemical Storage from outside of the Extractive Industry is not permitted. This approval has a currency period of four (4) years and will remain in force until 22 May 2017. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use. Advisory Note: The relevant period of this approval with is in accordance with Section 341 of the Sustainable Planning Act 2009. 3. APPROVED PLANS AND DOCUMENTATION The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Drawing Title/Plan Title/Document Title

Job No./ Drawing No.

Rev. Plan Date Prepared by

Detailed Site Plan DSP001_C 1.5 15/11/2012 Ausrocks Consulting Mining Engineers

Detailed Site Plan DSP001_BW 1.5 15/11/2012 Ausrocks Consulting Mining Engineers

Site Plan DSP002_C 1.5 15/11/2012 Ausrocks Consulting Mining Engineers

Site Plan DSP002_BW 1.5 15/11/2012 Ausrocks Consulting Mining Engineers

Workers Accommodation Plan

WAP001_C 1.2 16/11/2012 Ausrocks Consulting Mining Engineers

Workers Accommodation Plan

WAP001_BW 1.2 16/11/2012 Ausrocks Consulting Mining Engineers

Site Based Management Plan

- 3.2 15/11/2012 Ausrocks Consulting Mining Engineers

Timing: To be maintained at all times after commencement of use. 4. AMENITY – EMISSION OF NOISE, VIBRATION, ETC. Operate the use so that there is no interference with the amenity of the area or detrimental affect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit, oil or otherwise. Timing: To be maintained at all times after the commencement of the use. 6. AMENITY - LIGHTING Angle or shade lighting used to illuminate any areas of the premises must be erected so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to any nearby premises or roadways.

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Timing: To be maintained at all times after the commencement of use. 7. AMENITY – WEED MANAGEMENT All declared weeds located on the site must be removed and destroyed. Timing: At all times. 8. AMENITY – VISUAL The landscaped areas are to be maintained at all times and to be kept free of parkland vehicles, stored goods, garbage or waste materials. Timing: Prior to commencement of use, and at all times thereafter. 9. AMENITY – HOURS OF CONSTRUCTION Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30 am and 6:30 pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works 10. WORKS – APPLICANTS’ EXPENSE All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use. 11. DEVELOPMENT STANDARDS – ACCESS Physical access to and from the site must be provided in accordance with the Capricorn Municipal Design Guidelines Standard Drawing CMDG-R-040. All works within the road reserve require approval from Council under an Operational Works application. Timing: Prior to the commencement of use and at all times thereafter 12. DEVELOPMENT STANDARDS – CAR PARKING All car parking provided on site is to be constructed in accordance with AS/NZS 2890.1 Off Street Car Parking except that the width of the space is to be 2.75m All disabled parking provided on site is to be constructed in accordance with AS/NZS 2890.6 Off Street car parking for people with disabilities. Timing: Prior to the commencement of use and at all times thereafter 13. DEVELOPMENT STANDARDS - PAVEMENT CONSTRUCTION Car parking and access ways are to be paved and sealed. Pavements are to be designed by a suitably qualified professional.

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Timing: Prior to the commencement of use 14. INTERNAL ROADWAYS The proposed access and internal road system must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS2890.2 ‘Off Street Commercial Vehicle Facilities’ and be appropriate to accommodate the swept paths of type 1 road trains without interacting with the areas designated for parking in the submitted plans. In this regard a swept path analysis must be undertaken and submitted with the Operational Works application to demonstrate that the proposed site layout is capable of accommodating a type 1 road train. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction. Internal roads are to be constructed in accordance with Council’s standards as per the approved plans of development and include the following:

a) Sealed pavement b) Suitable safety measures, including warning signage to improve driver awareness of

pedestrians and enhance pedestrian safety. Timing: Prior to the commencement of use and at all times thereafter 15. EROSION & SEDIMENT CONTROL – GENERAL a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines. b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site. Timing:

a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

16. PROVISION OF UTILITIES – ELECTRICITY AND TELECOMMUNICATIONS Documentary evidence to the Chief Executive Officer or delegate must be provided from relevant electrical and telecommunication service providers that satisfactory arrangements have been made for the provision of such services. Timing: Prior to commencement of use. 17. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the owner/applicants expense unless otherwise stated. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provision of the Capricorn Municipal Development Guidelines. The applicant shall be responsible for the maintenance of all the works associated the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which the Council will become responsible shall be lodged prior to the commencement of use. The maintenance period referred to in this condition shall be extended by Council in the event of:

a) Major repairs having being carried out to the works during the maintenance period; b) Erosion and sediment control is not operating or maintained satisfactorily.

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Timing: Prior to the commencement of use and at all times thereafter 18. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

b) Council’s written approval has been issued; and c) Any appeal lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the commencement of use and at all times thereafter 19. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the Engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DWG/DXL format prior to the commencement of use. ‘As constructed’ details will be provided in the approval for Operational Works associated with the development. Timing: Prior to the commencement of use WORKERS ACCOMMODATION FACILITY 20. AMENITY – SERVICE EQUIPMENT All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. All mechanical plant must comply with the noise criteria below: Mechanical Plant Noise Limits

Period Time Maximum noise limits at noise sensitive receiver (measured as LA90)

Day 7am – 6pm 51dB(A) + 5dB(A) = 56dB(A) Evening 6pm-10pm 46 dB(A) + 5dB(A) = 51dB(A) Night 10pm – 7am 42 dB(A) + 5dB(A) = 45dB(A)

Source: Section 440U of the Environmental Protection Act 1994. Timing: To be maintained at all times after commencement of use. 21. WASTE MANAGEMENT In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows:

• A fixed position at ground level close to the rear alignment of the building; or • At such other position as may be directed by the Chief Executive Officer, or delegate.

In accordance with the Environmental Protection (Waste Management) Regulation 2000 the waste container storage area is to be constructed as follows:

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• Imperviously paved and suitably drained; • Fitted with a suitable hose cock and hose in the vicinity of the paved area; and • Screened with a suitable form of enclosure.

Timing: Prior to commencement of use and at all times thereafter. 22. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE – GENERAL The developer/owner must adequately drain the site, and that drainage must be carried to a point where it may be lawfully discharges without causing annoyance or nuisance to any person, and must:

a) Adequately cater for all stormwater draining to the land, especially for existing stormwater flow paths that are interfered with by the development or by filling of the subject land;

b) Not interfere with the natural flow of stormwater unless approved under an Operational Works application;

c) Control all flows in order to prevent sedimentation and/or erosion; d) Not cause concentration of flows on adjoining properties; e) Not cause ponding on the site or in adjoining properties; and f) Collect within the premises all stormwater run-off from artificial and roof areas on the site

and discharge it to the lawful point of discharge. The Stormwater Management system may be augmented by the provision of rain water tanks on site. The lawful points of discharge for this site are any natural watercourses onsite providing those stormwater management techniques detailed within the documents and plans referenced in the Stormwater Management Plan prepared by Ausrocks dated November 2012 are applied. Timing: Prior to the commencement of use and at all times thereafter 23. POTABLE WATER SUPPLY Any building provided for the purpose of a workers accommodation and/or staff amenities must be provided with the minimum storage capacity of 47,000 litres. Timing: Prior to the commencement of use and at all times thereafter 24. ONSITE SEWERAGE TREATMENT The developer/applicant must ensure that all sewerage generated from any building provided for the purpose of staff amenities and/or site office is treated on site and any resultant effluent is disposed of on site. The system of onsite sewerage treatment and effluent disposal shall comply with AS1547-200 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal system must be designed by a competent person in compliance with a report prepared by an onsite sewerage evaluator. An application must be approved by Council’s plumbing inspector for an onsite sewerage treatment plant prior to the construction and use of an onsite sewerage effluent treatment and disposal system. The onsite sewerage treatment system must be located above the Q100 line. Timing: Prior to the commencement of use and at all times thereafter 25. SUNSET CLAUSE The use authorised by this development approval must cease on or before 11:59pm on 22 May 2029.

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Timing: As detailed in the condition. 26. REHABILITATION AND EXIT PLAN Provide to Council a rehabilitation and works exit plan. Ensure that this includes, yet not limited to the following:

a) Detail on how the accommodation areas, roads, detention basins, potable water supply infrastructure, sewerage treatment plant and disposal area will be removed at completion of use; and

b) Detail on how the subject land will be restored to a state acceptable to Council and the Department of Environment and Heritage Protection.

Timing: At or before 12 months ahead of the cessation of the use. EXTRACTIVE INDUSTRY, HIGH IMPACT INDUSTRY & LOW IMPACT INDUSTRY 27. AMENITY - BUFFER A vegetation buffer of at least ten (10) metres wide must be established and retained inside the perimeter of the extractive industry site to screen the operation from adjoining properties. Timing: To be maintained at all times after the commencement of use. 28. EXTRACTIVE INDUSTRY – EXCAVATION SELF DRAINING The excavation must be designed to be self-draining. Such material must not:

• Enter a swamp, wetland, watercourse or water storage (other than sediment ponds) and/or; • Cause negative impacts upon land not associated with the proposed use.

Timing: Prior to commencement of use and at all times thereafter. 29. EXTRACTIVE INDUSTRY – REHABILITATION PLAN

a) Prior to the commencement of the use, a contoured site plan prepared by a cadastral surveyor, at a suitable scale to reflect the topography of the land to be used for the Extractive Industry must be submitted to the Chief Executive Officer, or delegate;

b) On an annual basis, a contoured site plan prepared by a cadastral surveyor, at a suitable scale, to reflect the area disturbed during the preceding 12 months, and identifying all areas of the site no longer used for the extractive industry must be submitted to the Chief Executive Officer, or delegate;

c) All areas of the site no longer used for the Extractive Industry are to be progressively rehabilitated and the following works are to be undertaken: • All rubble, debris and demolition material must be cleared from the site or levelled; • Disturbed areas must be levelled and grass seeded; and • Sediment and erosion control measures must be implemented.

Timing: Prior to commencement of the use and to be maintained thereafter. 30. EXTRACTIVE INDUSTRY – YEARLY CONTOUR PLAN A properly prepared contour plan of the excavation areas must be submitted for the approval of the Chief Executive Officer, or delegate. This plan must be prepared by a cadastral surveyor, together with such calculations as to show the amount of material extracted from the site in the preceding twelve (12) months. The plan referred to in Condition 11 will be used as the base plan for the commencement of the first year. Timing: 1 July of each succeeding year after commencement of use.

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31. EXTRACTIVE INDUSTRY – CESSATION OF WORKS Where the subject land becomes vacant for three (3) months or more, the following works are to be undertaken:

• All rubble, debris and demolition material must be cleared from the site or levelled; and • Sediment and erosion control measures must be implemented.

Timing: To be maintained. 32. EXTRACTIVE INDUSTRY – BATTER SLOPES TRIMMED The top of all excavation batter slopes must be trimmed to have a slope that is less than one vertical to three horizontal. These areas are to be grass seeded. Timing: To be maintained at all times. 33. EXTRACTIVE INDUSTRY – HOURS OF OPERATION The hours of operation are limited to between 6:00am and 6:00pm Monday to Saturday with the exception of screening activities that are permitted to operate 24 hours a day. The use is not permitted to operate on Sundays and public holidays without the prior written approval of the Chief Executive Officer, or delegate for approval. Timing: To be maintained at all times after the commencement of the use. 34. EXTRACTIVE INDUSTRY – PUBLIC SAFETY – SECURITY FENCING A 3 strand barb-wire fence must be erected around the perimeter of all extraction sites and stockpiles to restrict access and ensure public/visitor safety during the operation of the Extractive Industry. Timing: Prior to commencement of the use and to be maintained thereafter. 35. DEVELOPMENT STANDARDS – HAUL ROUTE: COUNCIL OWNED ROADS The applicant must pay a contribution for road rehabilitation and maintenance to Central Highlands Regional Council. The contribution rate will be calculated at the Operational Works Application Stage. This rate will be review at the end of 2019. The developer must provide a notice in writing by the 1st July each calendar year to Central Highlands Regional Council advising of the summary of actual weighbridge tonnage dockets together with the yearly contour plan (See Condition 28) to the Council for review, acceptance and issuing of a Tax invoice. Advisory note: Council recommends that all parties whom use Quarries Road as a haulage route enter into an Infrastructure Agreement for the construction of the road to ensure each party contributes equitably and fairly to the construction costs. Timing: To be maintained at all times after the commencement of use 36. PROVISION OF WATER SUPPLY Any building provided for the purpose of a site office and/or staff amenities must be provided with minimum storage capacity of 47,000 litres. Timing: Prior to commencement of the use and at all times thereafter.

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37. SEWERAGE TREATMENT The developer/applicant must ensure that all sewerage generated from any building provided for the purpose of staff amenities and/or site office is treated on site and any resultant effluent is disposed of on site. The system of onsite sewerage treatment and effluent disposal shall comply with AS1547-200 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal system must be designed by a competent person in compliance with a report prepared by an onsite sewerage evaluator. An application must be approved by Council’s plumbing inspector for an onsite sewerage treatment plant prior to the construction and use of an onsite sewerage effluent treatment and disposal system. The onsite sewerage treatment system must be located above the Q100 line. Timing: At the Plumbing Approvals Application Stage. 38. EXTENT OF APPROVED USE The extractive industry operations must not extend outside of the Mining Leases ML70321, ML70014, ML70013 and ML70352. The applicant must survey and flag the Mining Lease boundaries wherever practical in order to ensure that the extractive industry operations do no encroach on adjoining land. If the extractive industry operations have encroached on the adjoining land, the applicant must rehabilitate the affected land immediately. Timing: Prior to commencement of use and to be maintained at all times thereafter. Advisory Notes: 1. Co-ordination of Operational Works Assessment To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. 2. Qualified Person For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a landscape architect or ecologist with a minimum of 3 years current experience in the field of landscape design. 3. Aboriginal Cultural Heritage Take all reasonable care and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”) Maximum penalties for the duty of care are $1,000,000 for a corporation and $100,000 for an individual. Act in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on DERM’s website, or in accordance with an agreement with the Aboriginal party of the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage register, administered by the Cultural Heritage Unit, Department of Environment and Heritage Protection (DEHP). Application forms to undertake a free search of Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordinator Unit on (07) 32393647 or DEHP’s website www.dehp.qld.gov.au/culturalheritage. 4. Clearing of Native Vegetation Part of this lot contains native vegetation protected by the Vegetation Management Act 1999. Any clearing

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of native vegetation within this lot requires approval from the Department of Environment and Heritage Protection. 5. Works within a Watercourse The applicant is advised that the proposal may involve works within a watercourse which will require referral to the Department of Environment and Heritage Protection under the Water Act 2000 and Sustainable Planning Act 2009 at the time of making an application for operational works. 6. Water Supply (Safety and Reliability) Act 2008 The applicant is required to provide a Drinking Water Quality Management Plan to Council in accordance with Chapter 3 of the Drinking Water Quality Management Plan Guideline, September 2010 pursuant to Water Supply (Safety and Reliability) Act 2008. Contact Council’s Environmental Health Unit via the Customer Service Centre for further information. CONCURRENCE AGENCY’S CONDITIONS 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Department reference: TMR 12-004850 Development Application Number: 4168/12 Date: 1 May 2013 Lot 6 on CLM447 Development Permit for Material Change of Use for Extractive Industry (600,000 tonnes per annum – Basalt / Hard Rock Quarry); High Impact Industry (Concrete Batching Plant and Chemical Storage); Low Impact Industry (Motor Vehicle Workshop) and Workers Accommodation (five [5] dwelling units) and Environmentally Relevant Activities (ERA): ERA 16 Threshold 2(c) – extracting, other than dredging, in a year more than 100,000t of material; ERA 16 Threshold 3(b) – screening, in a year more than 100,000t of material; ERA 8 Threshold 3(a) – storing 10m3 to 500m3 of chemicals of class C1 or C2 combustible liquids; and ERA 21 – operating a workshop on a commercial basis or in the course of carrying on a commercial enterprise. 2. DEPARTMENT OF ENVIRONMENT AND HERITAGE PROTECTION EHP Permit number: SPCE05066012 Assessment Manager Reference: EHP Ref No. 220869 Date of Decision: 23 January 2013 Lot 6 on CLM447 Development Permit for Environmentally Relevant Activity 8 3(a) – Storing 10m3 to 500m3 total quantity of chemicals of class C1 and C2 combustible liquids under AS1940 or dangerous goods class 3 under subsection (1)(c); Environmentally Relevant Activity 16 2(c) – extracting, other than by dredging, in a year more than 100,000t to 1,000,000t; Environmentally Relevant Activity 16 3(b) Screening, in a year more than 100,000t to 1,000,000t and Environmentally Relevant Activity 21 – Motor Vehicle Workshop operation on a commercial basis or in the course of carrying on a commercial enterprise involving, maintaining mechanical components, spray-painting body panels and detailing or washing.”

Carried 1.5 – 4177/12 – Kyronn Pty Ltd (Village National Pritchard Properties Pty Ltd) – 35 Pritchard Road Emerald – Material Change of Use – Extend Existing Accommodation – one hundred & twenty (120) rooms within forty (40) cabins Application No: 4177/12 Applicant: Kyronn Pty Ltd Owner: Village National Pritchard Properties Pty Ltd Site Address: 35 Pritchard Road, Emerald Real Property Description: Lot 13 on SP227973 Area of Land: 8.872 Ha

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Current Use of Land: Pritchard Road Country Resort (Accommodation Building – forty (40) cabins) Applicant’s Address: C/- THG 16 Julia Street FORTITUDE VALLEY QLD 4006 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 2 – 2011) Zone: Town Zone: Rural Residential Precinct Proposal: Material Change of Use to extend an existing Accommodation

Building (120 rooms within 40 cabins) Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads Submissions: Eleven (11) including a Petition Attachments: 1. Locality Map

2. Development Plans 3. DTMR Referral Agency Response

Resolution: Cr Maundrell moved and seconded by Cr Pickersgill “That Council advise the applicant, Kyronn Pty Ltd, that the application for approval of a Development Permit for a Material Change Use to extend an existing Accommodation Building on land located at 35 Pritchard Road, Emerald and formally described as Lot 13 on SP227973 is deferred for Councillors to make an inspection of the site.”

Carried

Attendance Cr Cracknell left the meeting and did not return. 1.6 – 4006/13 – Springsure Property Holdings Pty Ltd C/- Urbis Pty Ltd (EJ & EH Hagstrom) – Gregory Highway Emerald – Material Change of Use – Workers Accommodation Application No: 4006/13 Relevant Act: Sustainable Planning Act 2009 (SPA) Applicant: Springsure Property Holdings Pty Ltd C/ - Urbis Pty Ltd Owner: Edward John Hagstrom and Eva Hannah Hagstrom Site Address: 5268 Gregory Highway, Emerald Relevant Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 2 - 2011) Real Property Description: Lot 1 on RP615882 Total Area: 53 ha (proposed accommodation village being 6 ha) Present Zone: Rural Zone Proposal: Workers’ Accommodation (300 persons), Public Facility Other (Water

& Sewerage Treatment Plants) and Environmentally Relevant Activity No. 63 Sewerage Treatment – 2b

Application Type: Material Change of Use: Impact Assessable Permit Type Sought: Development Permit Referral Agencies: Department of Transport and Main Roads (DTMR)

Department of Environment and Heritage Protection (DEHP) Submissions: Two Properly Made Submissions were received Attachments: Attachment 1 – Locality Map Approved Plans Resolution: Cr Bell moved and seconded by Cr Godwin-Smith “That Council advise the applicant, Springsure Holdings Pty Ltd C/ - Urbis Pty Ltd that the development application for a: Material Change of Use: Workers’ Accommodation (300 accommodation units), Public Facility Other (Sewerage & Water Treatment Plants); and an Environmentally Relevant Activity No. 63 Sewerage Treatment – 2b, on land located on 5268

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Gregory Highway, Emerald, described as Lot 1 on RP615882, is approved subject to the following conditions. The following conditions are set out under three (3) headings: A. Assessment Manager (Council’s) Conditions and Advisory Notes B. Department of Transport and Main Roads (DTMR) Concurrency Agency Conditions (dated 5 April 2013); and C. Department of Environment and Heritage Protection (DEHP) Concurrency Agency Conditions (dated 3 May 2013).

A. Assessment Manager’s (Council’s) Conditions 1. PARAMETERS OF APPROVAL The development of the premises is to comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to commencement of use and to be maintained at all times thereafter. 2. APPROVED USE The use permitted as part of this approval is Workers’ Accommodation. This approval has a currency period of four (4) years and will remain in force until 12 June 2017. Should the use not have commenced within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: Prior to commencement of use and unless otherwise stated in a specific condition. 3. APPROVED PLANS AND DOCUMENTATION The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, unless amended by conditions of this approval:

Approved Plan Reference Prepared By Common facilities Springsure Accommodation Village 05 Urbis Pty Ltd Village Modules Springsure Accommodation Village 06 Urbis Pty Ltd Design Sections Springsure Accommodation Village 07 Urbis Pty Ltd Public Realm Design Intent /Landscaping

Springsure Accommodation Village 08 Urbis Pty Ltd

Site Context Plan Springsure Accommodation Village Urbis Pty Ltd This approval limits the development to maximum of 300 units onsite at any one time. The facility shall be developed as nominated on the approved plan. Timing: To be maintained at all times after commencement of use. 4. REHABILITATION AND EXIT PLAN At or before 12 months ahead of the cessation of the use the applicant/developer shall provide Council with a rehabilitation and works exit plan. This should include, yet not be limited to, detail on how the accommodation areas, roads, sediment basin, water and sewerage systems and disposal area will be removed at completion of use; detail on how the subject land will be restored to a state acceptable to Council, who would confer with the Department of Environment and Resource Management. Timing: To be submitted 12 months before cessation of use.

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5. ACCESS AND INTERNAL ROADWAYS Access to the proposed development must be constructed in accordance with the Traffic Management Report prepared by TTM Group dated January 2013. The proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS2890.2 – Off Street Commercial Vehicle Facilities without interfering with the areas designated for parking in the submitted plans. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction. Internal roads are to be constructed in accordance with Council’s standards as per the approved plans of development and include the following:

• Sealed pavement; • Underground service conduits, where appropriate for water infrastructure,

telecommunications and electricity; • Suitable safety measures, including warning signage to improve driver awareness of

pedestrians and enhance pedestrian safety; and • Lighting.

Timing: Prior to commencement of use 6. CAR PARKING – STANDARD All car parking spaces are to be line marked and designed in accordance with AS2890.1 – Parking Facilities – Off Street Parking. All vehicle turning area as to be designed to Australian Standards and must cater for the largest anticipated delivery vehicle. All driveways, parking areas and vehicle turning areas are to be maintained clear of obstructions and shall not be utilised for the storage of goods or waste materials. Timing: Prior to commencement of use 7. CAR PARKING – CONSTRUCTION The pavement for car parking bays and access ways must be sealed. The pavement is to be designed by a suitably qualified professional. Timing: Prior to commencement of use 8. CAR PARKING AND BUS BAY PROVISION A total of 183 car parks and one (1) bus bay capable of servicing three (3) (32 Seat) buses are required to service this development and be provided onsite. Car parking bays and bus bay are to be provided generally in accordance with the approved plan. Timing: Prior to commencement of use 9. AMENITY - LANDSCAPING Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with the approved landscape plan, The landscape works must be completed prior to the commencement of use. Landscaping must be maintained at all times. Timing: Prior to the commencement of use.

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10. AMENITY - LANDSCAPE DESIGN REQUIREMENTS Landscaping is to be carried out in accordance with an approved, scaled landscape drawings prepared by suitably qualified professional in accordance with approved conceptual landscape plan titled "Landscape Strategy – Springsure Accommodation Village”, prepared by Urbis Pty Ltd. The landscape plan shall contain species which shall screen the development from the Gregory Highway. The plans shall contain the following minimum information:

• Surveyed locations and botanical mane of existing vegetation, including species height and spread;

• Specify vegetation to be to be retained and that to be removed; • Any structures or significant vegetation on adjoining properties that could impact upon the

site; • Existing contours and proposed finished levels for earthwork; • Location of existing and proposed services; • Location and detail of subsurface, stormwater drainage and overland flow path of grassed

swales; • General identification of hard and soft landscape treatments; • Location, species’ botanical name, numbers and mature height of all proposed planting; and • Location of slope batters steeper than 1:4.

Before commencing the works, approval for the landscape plan is to be obtained from the Chief Executive Officer, or delegate. Timing: Prior to the commencement of use and to be maintained at all times thereafter. 11. AMENITY - WEED MANAGEMENT All declared weeds located on the site must be removed and destroyed. Timing: At all times 12. AMENITY - HOURS OF CONSTRUCTION Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30 am and 6:30 pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works 13. AMENITY – LOCATION OF SERVICE EQUIPMENT All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. Timing: To be maintained at all times after commencement of use. 14. AMENITY - VISUAL The landscaped areas are to be maintained at all times and to be kept free of parkland vehicles, stored goods, garbage or waste materials. Timing: Prior to commencement of use, and at all times thereafter. 15. AMENITY - LIGHTING Angle or shade lighting is to be used to illuminate the premises, so that light does not

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directly illuminate or cause any environmental nuisance (e.g. glare) to nearby premises or roads. Lighting is to be provided in accordance with the relevant Australian Standard and CPTED (Crime Prevention Trough Environmental Design) Guidelines. Timing: Prior to commencement of use and at all times thereafter. 16. WASTE MANAGEMENT In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows:

• A fixed position at ground level close to the rear alignment of the building/s • At such other position as may be directed by the Chief Executive Officer, or delegate.

In accordance with the Environmental Protection (Waste Management) Regulation 2000, the waste container storage area is to be constructed as follows:

• Imperviously paved and suitably drained; • Fitted with a suitable hose cock and hose in the vicinity of the paved area; and • Screened with a suitable form of enclosure.

Timing: Prior to the commencement of use and at all times thereafter. 17. PROVISION OF UTILITIES Documentary evidence to the Chief Executive Officer or delegate must be provided from relevant electrical and telecommunication service providers that satisfactory arrangements have been made for the provision of such services. Timing: Prior to commencement of use 18. WORKS – APPLICANT’S EXPENSE All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use 19. EROSION AND SEDIMENT CONTROL – GENERAL

a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines.

b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site.

Timing:

a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

20. STORMWATER DRAINAGE – DISCHARGE AND DISPOSAL All stormwater, with the exception of water captured onsite in rainwater tanks, is to be drained from the site without causing annoyance or nuisance to any person to a point where it may be lawfully discharged. In doing so the developer/owner must:

• Design the drainage system to cater for a fully developed upstream catchment, including designated points for concentrated inflow to the site;

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• Adequately cater for all stormwater draining to the land, especially for existing stormwater flow paths that are interfered with by the development or by filling of the subject land;

• Not interfere with the natural flow of stormwater unless approved under an Operational Works application;

• Control all flows in order to prevent sedimentation and/or erosion; • Not cause concentration of flows on adjoining properties; • Not cause ponding on the site or in adjoining properties; • Collect within the premises all stormwater run-off from artificial and roof areas on the site and

discharge it to the lawful point of discharge; and • Ensure that stormwater draining from any area of the site prone to receiving pollutants, eg car

parking areas, is treated to remove pollutants prior to leaving the site. Ensure that post development peak flows from the site are equal to or less than the pre-development peak flows. Detention/retention must be provided, if required. The Stormwater Management system may be augmented by the provision of rain water tanks on site. In achieving the above requirements, the design and construction criteria set forth in the Queensland Urban Drainage Manual (QDUM) and Capricorn Municipal Development Guideline (CMDG) are met. The lawful points of discharge for this site are the existing dam and any natural watercourses on site providing those stormwater management techniques detailed within the documents and plans referenced in the Water, Sewerage and Drainage Report prepared by Pitt Sherry dated January 2013 are undertaken. Timing: Prior to commencement of use 21. FUTURE RESIDENTIAL DWELLINGS All future residential dwellings to be located upon the subject land shall have a finished floor level of 300mm above the Q100 level. Timing: Prior to commencement of use 22. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the owner/applicants expense unless otherwise stated. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provision of the Capricorn Municipal Development Guidelines. Timing: Prior to commencement of use 23. POTABLE WATER SUPPLY A potable water supply must be provided capable of accommodating the needs of the workers accommodation and ancillary facilities. A detailed report and design plan is to be submitted for approval of the Chief Executive Officer or delegate to demonstrate that Potable water can be obtained and treated on site as referenced in the Water, Sewerage and Drainage Report prepared by Pitt Sherry dated January 2013. Timing: Prior to the commencement of use

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24. WATER SUPPLY RETICULATION Prior to commencement of use, the applicant/developer is to ensure that potable water supply reticulation is provided to each accommodation unit within the development. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Timing: Prior to the commencement of use and at all times thereafter. 25. SEWERAGE TREATMENT – ON SITE The developer/applicant must ensure that all sewerage generated from any building provided within the Workers Accommodation facility is treated on site and any resultant effluent is disposed of on site. The system of onsite sewerage treatment and effluent disposal shall comply with AS1547-200 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal system must be designed by a competent person in compliance with a report prepared by an onsite sewerage evaluator. An application must be approved by Council’s plumbing inspector for an onsite sewerage treatment plant prior to the construction and use of an onsite sewerage effluent treatment and disposal system. The onsite sewerage treatment system must be located above the Q100 line. Ensure that sewer reticulation is provided to all proposed accommodation units within the development. Carry out all works in accordance with AS3500 Plumbing and Drainage and Council’s Standards. Be responsible for all costs associated with the connection and inspection of the proposed works. Timing: Prior to commencement of use 26. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the Engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Timing: Prior to the commencement of use 27. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

b) Council’s written approval has been issued; and c) Any appeal lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the commencement of use and at all times thereafter 28. DEVELOPMENT STANDARDS – EASEMENTS An internal easement must be provided to Council for any part of a sewerage, water supply or drainage network (including overland flow paths) that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width, as set out in any future Operational Work Decision Notice, to protect that infrastructure. The minimum width of any easement shall be 4.0m. Any such easement is to be provided to Council at no cost to Council.

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Timing: Prior to commencement of use 29. DISABILITY DISCRIMINATION ACT Provision is to be made within the development for disabled access in accordance with Australian Standard 1428 and is to take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991. Timing: Prior to commencement of use and at all times thereafter. 30. SITE MANAGEMENT All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be constructed so as to deny any flow of water into or around the building or neighbouring buildings or on to adjacent land. Where retaining wall is planned for this purpose and exceeds 1.0 metre in height, plans and specifications shall be checked by the Certifying Authority before work on the retaining wall commences. Timing: Prior to commencement of use and at all times thereafter. 31. FOOD PREMISES The premises is to be fitted out in accordance with the requirements of Australia Standard 4674-2004, Design Construction and Fit-Out of Food Premises and Food Safety Standard 3.2.3, Food Premises and Equipment. Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and airconditioning in buildings" (specifically Section 5.10 - Air Discharges). Timing: Prior to commencement of use and at all times thereafter. Advisory Note: All areas where food is to be stored, handled or prepared for sale or sold must be constructed and equipped in accordance with the provisions of the Food Act 2006 and the Food Standards Code. The premises must be registered and the operators licensed with Council under the aforementioned Act prior to the use commencing. Contact Council’s Environmental Health Unit via the Customer Service Centre for further information. 32. FIRE PROTECTION The applicant/developer is to ensure that a hydrant system conforming to AS2419.1 is installed on the site. A final compliance report from The Queensland Fire and Rescue Service confirming the adequacy of the system is to be provided to Council as part of the subsequent Building Application/Approval. Timing: At Building Works Application stage. 34. LIFE SPAN OF DEVELOPMENT The approved use is required to support the operations of the Springsure Creek Mine. The approved use will have the same life span as the Springsure Creek Mine. The approved use must cease at the same time that the Springsure Creek Mine operations cease. All built structures and associated infrastructure must be removed and the site rehabilitated. The Applicant must notify Council in writing within 10 business days of when the approved use ceases and buildings are removed from site. Timing: As specified in the condition.

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35. DEVELOPMENT CONTRIBUTIONS An infrastructure charge of $1,400,011 must be paid in accordance with Council’s Adopted Infrastructure Charges Resolution (No.6) 2012. The rate has been calculated as follows: AIC = AC – D where: AIC is the adopted infrastructure charge that may be levied for development; AC is the adopted charge for the trunk infrastructure networks to service the development stated in section Table 2a; and D is the discount for the trunk infrastructure networks servicing the premises stated in section 5.4 (Discounting). Therefore: AC = $4,709 per 1 bedroom unit (long term accommodation) x 300 = $1,412,700 D = $12,689 AIC = $1,400,011

Use Network Adopted Charge Total Adopted Charge (%)

Accommodation (Long Term)

Transport $ 868,007 62%

Accommodation (Long Term)

Parks $ 532,004 38%

Total Calculated Charge $1,400,011 100%

This contribution is current for a period of 3 months from the date of this approval and is subject to periodic review. Advisory Notes: 1. Co-ordination of Operational Works Assessment To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. 2. Notifiable Activity It is a requirement of the Environment Protection Act 10994 that if an owner or occupier of land becomes aware of a Notifiable Activity is being carried out on the land, or that has been, or is being contaminated be a hazardous contaminant, that the owner occupier must, within 22 days after becoming aware, give written notice to the Department of Environment and Heritage Protection. 3. Aboriginal Cultural Heritage Take all reasonable care and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of care’) Maximum penalties for the duty of care are $1,000,000 for a corporation and $100,000 for an individual. Act in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on DERM’s website, or in accordance with an agreement with the Aboriginal party of the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage register, administered by the Cultural Heritage Unit, Department of Environment and Heritage Protection (DEHP). Application forms to undertake a free search of Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordinator Unit on (07) 32393647 or DEHP’s website www.dehp.gld.qov.au/culturalheritage. 4. Clearing of Native Vegetation Any clearing of native vegetation within this lot requires approval from the Department of Environment and Heritage Protection.

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5. Works within a Watercourse The applicant is advised that the proposal may involve works within a watercourse which will require referral to the Department of Environment and Heritage Protection under the Water Act 2000 and Sustainable Planning Act 2009 at the time of making an application for operational works. 6. Water Supply (Safety and Reliability) Act 2008 The applicant is required to provide a Drinking Water Quality Management Plan to Council in accordance with Chapter 3 of the Drinking Water Quality Management Plan Guideline, September 2010 pursuant to Water Supply (Safety and Reliability) Act 2008. Contact Council’s Environmental Health Unit via the Customer Service Centre for further information. B. Department of Transport and Main Roads (DTMR) Concurrency Agency Conditions - see attached notice dated 5 April 2013. C. Department of Environment and Heritage Protection (DEHP) Concurrency Agency Conditions - see attached notice dated 3 May 2013.

Carried (6-2)

Former Shire of Peak Downs 1.7 – 4147/12 - 5D Developments Pty Ltd C/- McLynskey Planners Pty Ltd – 14 Conran Street Capella - Material Change of Use – Multiple Dwelling – seven (7) units Application No: 4147/12 Applicant: 5D Developments Pty. Ltd.

C/- McLynskey Planners Pty Ltd. Owner: 5D Development Pty. Ltd. Site Address: 14 Conran St, Capella Real Property Description: Lot 1 RP613094 Area of Land: 1,769m2 Current Use of Land: Single storey house Applicant’s Address: P.O. Box 257

West Burleigh QLD 4219 Applicable Planning Scheme: Planning Scheme for Peak Downs Shire (Amendment 1 – 2011) Zone: Town Zone – Residential Precinct Proposal: Multiple Dwelling – 7 dwelling units Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: One (1) properly made submission Attachments: Attachment 1 – Locality Map

Attachment 2 – Plan of Development

Resolution: Cr Sypher moved and seconded by Cr Godwin-Smith “That Council advise the applicant, 5D Developments Pty Ltd, that their application for a development permit for a material change use on land at 14 Conran Street, Capella described as Lot 1 on RP613094, is approved subject to the following conditions:

1. APPROVED USE The use permitted by this approval is a multiple dwelling comprising of seven (7) units.

This approval has a currency period of four (4) years and will remain in force until 12 June 2017.

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Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

1. APPROVED PLANS The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Plan Title Drawing No.

Sheet No.

Date Prepared by

Site Plan & Roof Plan C1201 – 1 1 of 7 08/03/2013 Herwig Hartl Units 1, 2 - Floor Plan C1201 – 2 2 of 7 08/03/2013 Herwig Hartl Units 1, 2 - West Elevation, South Elevation, North Elevation East Elevation

C1201 – 4 3 of 7 08/03/2013 Herwig Hartl

Units 3, 4 & 5 – Floor Plan C1201 – 3 4 of 7 08/03/2013 Herwig Hartl Units 3, 4 & 5 – North Elevation, East Elevation, West Elevation and South Elevation

C1201 – 5 5 of 7 08/03/2013 Herwig Hartl

Units 6, 7 - Floor Plan C1201 – 2 6 of 7 20/08/2012 Herwig Hartl Units 6, 7 - West Elevation, South Elevation, North Elevation East Elevation

C1201 – 4 7 of 7 20/08/2012 Herwig Hartl

Storm water Quantity Management Plan

- - 31/01/2013 Westera Partners

This development is limited to a maximum of seven (7) x two (2) bedroom dwellings.

Timing: To be maintained at all times after commencement of use.

3. AMENITY – LANDCAPING Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with the approved landscape plan. The landscape works must be completed prior to the commencement of use. Timing: Prior to commencement of use and at all times thereafter.

4. AMENITY – LANDSCAPE DESIGN REQUIREMENTS

Landscaping is to be carried out in accordance with an approved, scaled landscape drawings prepared by a suitably qualified professional. The landscape plan shall contain species which shall screen the development from the streetscape: The plans shall contain the following minimum information: • Surveyed location and botanical name of existing vegetation, including species’ height and

spread, • Specify vegetation to be retained and that to be removed; • Any structures or significant vegetation on adjoining properties that could impact upon the site; • Existing contours and proposed finished levels for earthwork; • Location of existing and proposed services;

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• Location and detail of subsurface, stormwater drainage and overland flow path of grassed swales;

• General identification of hard and soft landscape treatments; • Location, species’ botanical name, numbers, pot size and mature height of all proposed

planting; and • Location of slope batters steeper than 1:4.

Before commencing the works, approval for the landscape plan is to be obtained from the Chief Executive Officer, or delegate.

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

5. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30 am and 6:30 pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate.

Timing:

To be maintained at all times during construction works 6. AMENITY - SERVICE EQUIPMENT

All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. All mechanical plant must comply with the noise criteria below:

Mechanical Plant Noise Limits

Period Time Maximum noise limits at noise sensitive receiver (measured as LA90)

Day 7am – 6pm 51dB(A) + 5dB(A) = 56dB(A)

Evening 6pm-10pm 46 dB(A) + 5dB(A) = 51dB(A)

Night 10pm – 7am 42 dB(A) + 5dB(A) = 45dB(A) Source: Section 440U of the Environmental Protection Act 1994.

Timing: To be maintained at all times after commencement of use.

7. AMENITY - DRYING FACILITIES

Provision will be made for each dwelling to have access to a clothes drying facility that is screened from public view. Timing: Prior to commencement of use and at all times once use has commenced.

8. CAR PARKING PROVISION

Eleven (11) car parking spaces are to be provided on site in accordance with the approved plan. All car parking spaces are to be designed and line marked in accordance with AS 2890.1: Parking Facilities – Off-Street Parking. Timing: Prior to commencement of use and at all times thereafter

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9. ACCESS AND MANOEUVRING AREAS An impervious sealed driveway is to be constructed between the road pavement and the property boundary in accordance with the Capricorn Municipal Development Guidelines Standard Drawing CMDG-R042 Revision A and located according to the approved plan. Adequate vehicle manoeuvring areas are to be provided so that all vehicles relating to the development are able to enter and exit the site in a forward direction. Timing: Prior to commencement of use.

10. EXISTING DRIVEWAY

The existing driveway crossover is to be removed and the kerb and channel, pedestrian footpath and other services are to be reconstructed to a like standard of the adjoining properties. Timing: Prior to commencement of use.

11. PAVEMENT CONSTRUCTION

Car parking bays and access ways are to be sealed. Pavements are to be designed by a suitably qualified professional.

Timing: Prior to commencement of use.

12. CAR PARKING - STANDARD

All car parking spaces are to be designed in accordance with AS 2890.1: Parking Facilities – Off-Street Parking. Spaces which are located adjacent to a hedge or letterbox must be at least 300mm clear of the obstruction (where the obstruction is greater than 150mm high). Timing: Prior to commencement of use.

13. WORKS – APPLICANT’S EXPENSE All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

14. STORMWATER DRAINAGE - GENERAL

Undertake stormwater management on the development site in accordance with the design and construction criteria contained in the Capricorn Municipal Development Guideline and Queensland Urban Drainage Manual. Stormwater Management is to be undertaken generally in accordance with the approved Stormwater Quality Management Plan prepared by Westera Partners dated 31 January 2013. Submit to Council, a compliance certificate from a Registered Professional Engineer Queensland (RPEQ), certifying that stormwater management has been undertaken on the development site in accordance with the conditions of this approval and any other relevant approval issued by Council. Timing: Prior to commencement of use.

15. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL

All stormwater, with the exception of water captured on-site in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person to a lawful point of discharge in Conran Street.

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Timing: Prior to commencement of use.

16. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. Timing: Prior to the commencement of the use.

17. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

b) Council’s written approval for (a) has been issued; and c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the commencement of the use.

18. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Timing: Prior to the commencement of the use.

19. SEWERAGE RETICULATION

Sewerage reticulation must be provided to all proposed units within the development, including connections to the existing system. All works must be carried out in accordance with Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Only one connection point is permitted for the site. Timing: Prior to commencement of use.

20. WATER SUPPLY RETICULATION

Water supply reticulation must be provided to all the proposed units within the development, including a metered connection to the existing system. All works must be carried out in accordance with Council standards. Only one connection point to Council’s main is permitted. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Individual water meters with a 20mm diameter are to be provided to each unit in accordance with Council’s standards.

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Timing: Prior to commencement of use.

21. DEVELOPMENT STANDARDS - MINIMUM FINISHED FLOOR LEVEL

The developments Minimum Habitable Finished Floor Level is to be constructed in accordance with the Building Act 1975. Timing: To be addressed at building works stage and prior to the commencement of use.

22. EROSION AND SEDIMENTATION CONTROL

Effective erosion and sedimentation control must be provided at all times during the works period. Runoff from all areas where the natural surface is disturbed by construction must be free of pollutants and / or sediment before it is dispersed to stable areas, or directed to existing stormwater drains or natural watercourses. Prior to work commencing site specific Erosion & Sedimentation Control Plans must be submitted to Council for each of the following:

(a) CONSTRUCTION - This plan must correlate with the Contractors intended construction program and demonstrate how the above will be achieved through each stage of construction. This Erosion & Sedimentation Control Plan must include the type of control measures proposed, their location and proposed checking and maintenance frequencies.

(b) POST CONSTRUCTION – This plan must show what measures are proposed for long term

sediment and erosion control. As a minimum Council expects either the footpath areas to be mulched or the placement of turf strips behind the kerb and concrete footpaths. This Erosion & Sedimentation Control Plan must also include strategies for inspection after each rainfall event and the sweeping and picking up of silt from roads and the kerb & channel if and when required during the maintenance period.

Erosion and stormwater control measures must be designed and constructed in accordance with the Soil Erosion and Sediment Control – Engineering Guidelines for Queensland Construction Sites 1996. Timing: At all times.

23. AMENITY – LIGHTING

Angle or shade lighting is to be used to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to nearby premises or roads. Lighting is to be provided in accordance with AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting and CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: To be maintained at all times after commencement of use.

24. INFRASTRUCTURE CHARGES An infrastructure charge of $14,980.00 must be paid in accordance with Council’s Adopted Infrastructure Charges Resolution (No.5) 2011. The rate has been calculated as follows: The above amount has been calculated as follows:

AIC = AC – D where: AIC is the adopted infrastructure charge that may be levied for the development;

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AC is the local government adopted charge for the trunk infrastructure networks to service the development stated in section Table 2.1a; and

D is the discount for the trunk infrastructure networks servicing the premises stated in section 3.0 (Discounts). Therefore: AC = $2,996 per unit (2 bedroom dwelling) x 7 units = $20,972 D = $5,992 for existing house/lot AIC = $14,980

This contribution is current for a period of 3 months from the date of this approval and is subject to periodic review. Timing: Prior to commencement of use.

25. RETAINING WALLS AND FENCES

The combined height of any retaining wall and fence shall not exceed 2 metres in height. Timing: Prior to commencement of use and at all times thereafter.

26. SITE MANAGEMENT

All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be constructed so as to deny any flow of water into or around the building or neighbouring buildings or on to adjacent land. Where a retaining wall is planned for this purpose and such a wall exceeds 1 metre in height, plans and specifications shall be checked by the Principal Certifying Authority before work on the retaining wall commences. Timing: Prior to commencement of use and at all times thereafter.

27. REFUSE COLLECTION

Enter into an agreement with either the Central Highlands Regional Council or a private waste disposal contractor to provide a waste collection service. Timing: Prior to commencement of use and at all times thereafter.

28. WASTE

In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows:

Use Network Adopted Charge

% of Total Adopted Charge

2 Bedroom Dwelling

Water Supply $7,490 50%

2 Bedroom Dwelling

Sewerage $5,992 40%

2 Bedroom Dwelling

Parks $1,498 10%

Total Calculated Charge

$14,980

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• A fixed position at ground level close to the rear alignment of the building; or • At such other position as may be directed by the Chief Executive Officer, or delegate.

In this regard, each waste container storage area is to be located within the private open space area of the relevant dwelling unit, so as to be directly accessible from such unit at all times. In accordance with the Environmental Protection (Waste Management) Regulation 2000 the waste container storage area is to be constructed as follows:

• Imperviously paved and suitably drained; • Fitted with a suitable hose cock and hose in the vicinity of the paved area; and • Screened with a suitable form of enclosure.

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

29. SCREENING

The development must comply with probable solution 8.1 of the Residential Accommodation Code of the Planning Scheme for Peak Downs Shire (Amendment No.1) 2011. Timing: Prior to commencement of use and to be maintained at all times thereafter.

ADVICE A 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 $1,000,000 for a corporation and $100,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal Heritage if they are acting with

cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003.

Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Register and the Databases may be obtained by contacting the Cultural Heritage Coordination Unit for further advice on (07) 3239 3647 or on the DERM website www.derm.qld.gov.au/cultural_heritage

Carried

Attendance: Council Planners Sarah Ronnfeldt, Michaela Lehman and Patterson Ngwira left the meeting Council Principal Planner Strategic Planning, Alexis Aylward attended the meeting Adopt Major Amendment To IPA Planning Scheme (Amendment No 3) For Emerald Shire (2013) Resolution: Cr Sypher moved and seconded by Cr Brimblecombe “That:

1. In accordance with Part 5 Division 2 Sections 117 and 118 of the Sustainable Planning Act 2009, Council resolves to implement the major Planning Scheme amendment package incorporating a Priority Infrastructure Plan in a new Part 7 (and associated amendments to assist in its integration through the Planning Scheme by adopting the IPA Planning Scheme (Amendment no. 3) for Emerald Shire (2013) as the Planning Scheme) to have force and effect over the land area of the former Shire of Emerald from the 1 July 2013; and

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2. Public notices be placed in the CQ News and Government Gazette advising the community of the

adoption of IPA Planning Scheme (Amendment No. 3) for Emerald Shire (2013) from the 1 July 2013 as the Planning Scheme to have force and effect over the land area of the former Shire of Emerald in accordance with sections 118 (1) (e) and 118 (1) (f) of the Sustainable Planning Act 2009; also on the Council website in accordance with section 2.3 – stage 4 – 10.2A(1)(c) of Statutory Guideline 02/12 ‘Making and amending local planning instruments’; and

3. The Minister be provided with a copy of the public notifications and resolution of Council’s decision

to adopt IPA Planning Scheme (Amendment No. 3) for Emerald Shire (2013); and

4. Authorise the Chief Executive Officer to finalise administrative matters relating to the finalisation and the adoption of the minor Planning Scheme amendments.”

Carried

Delegated Approvals Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That the following delegated approvals (7) be received”. Former Shire of Emerald 2.1 – 4073/12 – Pilot Farm Holdings Pty Ltd – Ballard Street Emerald – Reconfiguring a Lot – six (6)

Industrial lots – Negotiated Decision 2.2 – 4135/12 – A & K Holland C/- CadCon Surveying – 14 Barton Street Emerald – Material Change of

Use – Dual Occupancy 2.3 – 4145/12 – NBN Co Ltd C/- Daly International (Kenneth J Anthony) – Fork Lagoon Road Emerald –

Material Change of Use – Telecommunications Facility 2.4 – 4167/12 – FDJ Newnham Pty Ltd C/- Murray & Associates (Qld) Pty Ltd – 95 Anakie Street Emerald –

Material Change of Use – Multiple Dwelling – seven (7) units – Negotiated Decision 2.5 – 4023/13 – Minico Investments Pty Ltd (Hibiscus Management DM Pty Ltd) – 15 & 16 Costello Court

Emerald – Material Change of Use – Multiple Dwelling – four (4) units 2.6 – 4024/13 – Komatsu Australia Pty Ltd (Shelda Pty Ltd) – 89 Macaulay Road Emerald – Material

Change of Use – Additional Industrial Shed 2.7 – 4027/13 – Bertha Retirement Fund (DJ JM TG & BP Brosnan) – 41-47 Industrial Drive Emerald –

Material Change of Use – Warehouse

Carried Attendance Mayor Peter Maguire left the meeting and Cr Nixon assumed the chair Council Principal Planner Strategic Planning, Alexis Aylward left the meeting Cr Sypher left the meeting and returned at 4.41pm Status of Current Development Applications Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That Council notes the content of the report.”

Carried Attendance Mayor Peter Maguire returned to meeting and resumed the chair and Cr Nixon vacated the chair Acceptance of the General Manager – Community and Development Services’ Report Cr Nixon moved and seconded by Cr Sypher ‘That the General Manager – Community and Development Services’ Report and Monthly Information Bulletin be received.’

Carried

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CORPORATE COMMUNICATIONS & STRATEGY SECTION Adoption of Corporate Plan 2013 - 2018 Resolution: Cr Sypher moved and seconded by Cr Godwin-Smith “That Council adopt the draft Corporate Plan 2013 - 18.”

Carried

Acceptance of the Executive Manager – Corporate Communications and Strategy Sections’ Report Cr Godwin-Smith moved and seconded by Cr Sypher ‘That the Executive Manager – Corporate Communications and Strategy Sections’ Report be received.’

Carried

CHIEF EXECUTIVE OFFICER’S REPORT

LGMA National Congress - Hobart - 20 – 22 May 2013 - CEO’s Report Resolution: Cr Nixon moved and seconded by Cr Godwin-Smith “That the report be noted.”

Carried Acceptance of the Chief Executive Officer’s Report Resolution: Cr Nixon moved and seconded by Cr Bell ‘That the Chief Executive Officers’ Report be received.’

Carried

GENERAL BUSINESS LGAQ Resource Communities Forum Resolution: Cr Godwin-Smith moved and seconded by Cr Sypher “That Crs Maguire and Brimblecombe be authorised to attend the LGAQ Resource Communities Forum held in Brisbane on 28 June 2013 as Council’s representatives.”

Carried (Verbal matters raised Councillors either as a question, acknowledgement and or additional follow-up by officers)

Councillor Details Action

Cr Brimblecombe Update on Lions Park GMCDS provided a verbal update on this project

Cr Godwin-Smith • Can we contact TMR and bring to their attention of the number of signs and guide posts have been damaged from wide loads

• Attended the Santos Community Engagement meeting in Bauhinia – it was raised that the lack of internet services in the area due to the camp

GMIAF to action

Coordinated approach required

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Councillor Details Action

• Contractors are washing down at the sports ground and not at the washdown facility

• Quarry on Dawson Hwy east of Rolleston (approx. 1km out of town) – is legal?

• What is Council’s position with the installation of rainwater tanks

Rangers to investigate

GMIAPF to investigate

GMCDS to coordinate a response

Cr Nixon • Has received complaints regarding the tennis court in Rolleston, can someone arrange to inspection of tennis courts in Rolleston and the tree

• Capricorn Rescue donation of $15,000 previously approved by Council for each year

GMIAPF to inspect and action

To be followed up

Cr Pickersgill • Maintenance grade on Blackwater Rolleston, is it going right through

• Complaint received about an illegal quarry on Wyunna Road

GMIAPF to respond

GMCDS to coordinate investigation

Cr Maundrell • Ratepayers paying in advance – are they still receiving the discount?

GMOSS to respond

ALGWA State Conference Resolution: Cr Sypher moved and seconded by Cr Brimblecombe “That Cr Godwin-Smith be authorised to attend the 2013 QLGWA State Conference held in Airlie Beach on 24 – 26 July 2013 as Council’s representative.”

Carried Council Meeting 26 June 2013 It was resolved that the time for the General Council Meeting to be held on 26 June 2013 be changed from 2.00pm to commence at 10.00am.

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 5.29pm CONFIRMED MAYOR DATE