Application for Development, Construction Certificate or

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Application for Development, Construction Certificate

or Complying Development Environmental Planning & Assessment Act 1979

OFFICE USE ONLY DA ________________________ CC ________________________ CDC ________________________ Assessment Number: Date Application Lodged: TYPE OF APPROVAL SOUGHT – Please indicate by X or If required contact Council to determine application type

DEVELOPMENT APPLICATION (DA) CONSTRUCTION CERTIFICATE (CC) COMBINED APPLICATION (DA/CC)

COMPLYING DEVELOPMENT (CDC) – Codes SEPP COMPLYING DEVELOPMENT (CDC) – Infrastructure SEPP COMPLYING DEVELOPMENT (CDC) – Affordable Rental Housing SEPP

Note: Only fill in relevant sections as indicated in section headings

1. APPLICANT’S DETAILS (for all Applications)

Title Name Surname

Company Primary Contact

Postal Address Postcode

Phone Mobile Fax

Email

2. SITE DETAILS (for all Applications)

The following information is available from your rate notice, property deeds, or from Council’s property maps.

Unit No / RAN Street No Street

Town Site Area m2

Lot(s) Section DP / SP

Additional Property Information:

3. DEVELOPMENT DETAILS (for all Applications)

Will the development involve: (Please indicate by X or )

Change of use of land / building Subdivision of land Subdivision of a building into strata units Erection of Temporary Structure

Erection of a new building or structure Altering or adding to an existing building Demolition Other work (not including building work, subdivision or demolition)

ESTIMATED COST OF DEVELOPMENT / VALUE OF WORK: $

initiator:[email protected];wfState:distributed;wfType:email;workflowId:e6a3b420d9d4df4e8cb47821e7786eff


4. DEVELOPMENT DESCRIPTION

(for all Applications)

DESCRIPTION OF DEVELOPMENT (e.g. construction of a dwelling, two lot subdivision, construction of a shed, demolish a building, etc) Estimated area (if any), in square metres, of bonded asbestos material or friable asbestos material that will be disturbed, repaired or removed in carrying out the development:

m2

5. ENVIRONMENTAL CONSIDERATION OF THE DEVELOPMENT (for Development Applications ONLY)

To assess your proposal, the Council needs to understand the potential impacts. Depending upon the nature and scale of the proposal, you need to provide information relating to one or more of the areas listed below to fully explain the impacts of the proposal. Is the proposal designated development (refer to Schedule 3 of Environmental Planning and Assessment Regulation 2000) Yes Please attach an Environmental Impact Statement (EIS) No Please attach a Statement of Environmental Effects (SEE) – Refer to FORM B attached.

Is the land to be developed a critical habitat or part of a critical habitat? Yes No Is your proposal likely to significantly impact on threatened species, populations, ecological communities or their habitats? Yes Please attach a Species Impact Statement (SIS). No Please explain in the Statement of Environmental Effects – refer to Form B. Note: for biodiversity compliant development, please attach the reason why the development is biodiversity compliant development.

Is this application for integrated development (section 91 of EPAA 1979)? Yes No – go to section 6 If “Yes” please complete the rest of this section. The following is a list of other approvals required to be obtained if the development is Integrated. Fisheries Management Act 1994 s 144 s 201 s 205 s 219 Heritage Act 1977 s 58 Mine Subsidence Compensation Act 1961 s 15 Mining Act 1992 s 63 s 64 National Parks and Wildlife Act 1974 s 90 Petroleum (Onshore) Act 1991 s 9 Protection of the Environment Operations Act 1997 ss 43(a),

47 & 55 ss 43(b),

48 & 55 ss 43(d),

55 & 122

Roads Act 1993 s 138 Rural Fires Act 1997 s 100B Water Management Act 2000 s 89 s 90 s 91

You will need to attach a cheque for $320.00 made out to each state agency that will assess the proposal.

6. APPROVALS UNDER SECTION 68 OF LG ACT 1993 (for all Applications)

Are you seeking an approval under section 68 of the Local Government Act 1993? Yes No

If Yes please complete FORM C attached. (Note additional fees will apply)


7. CONSTRUCTION STATISTICS


Materials to be used: Which best describes the materials the new work will be constructed of: (Please indicate by X or ) WALLS Brick (double) Double (Veneer) Concrete or Stone Fibre Cement Timber/Weatherboard Curtain glass Steel Aluminium Other

ROOF Tiles Concrete or Slate Fibre Cement Steel Aluminium Other

FLOOR Concrete or Slate Timber Other

FRAME Timber Steel Aluminium Other

Colour of Walls (specify) Colour of Roof (specify)

Floor Area (under roof) m2 Floor Area (detached buildings)

m2

No. of Storeys No. Residential Units

8. BUILDER’S DETAILS (for Complying Development and Construction Certificate Applications ONLY)

Not known Owner-Builder Licensed Builder – Licence No.

Name:

Address: Postcode

Phone:

9. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS (for Development Applications ONLY)

Under Section 147 of the Environmental Planning and Assessment Act 1979, any reportable political donations to a councillor and / or any gift to a Councillor or Council employee within a two (2) year period before the date of this application must be publicly disclosed.

Are you aware of any person with a financial interest in this application who made a reportable donation or gift in the last two (2) years?

No Yes If yes, complete the Political Donations and Gifts Disclosure Statement and lodge it with this application (available from Council or from the Council website). If no, in signing this application I undertake to advise the Council in writing if I become aware of any person with a financial interest in this application who has made a political donation or has given a gift in the period from the date of lodgement of this application and the date of determination.

Note: Failure to disclose relevant information is an offence under the Act. It is also an offence to make a false disclosure statement.


13. HOW TO LODGE YOUR APPLICATION


GREATER WAKOOL WARD (for example Barham, Moulamein, Goodnight, Tooleybuc) Applications should be addressed to: How to contact us:

The General Manager Phone: (03) 5453 3200 Murray River Council Email: [email protected]

Mail:

Personal Delivery:

PO Box 371

BARHAM OFFICE 15 Murray Street, BARHAM

BARHAM NSW 2732

If you wish to discuss a proposal with one of our professional officers, it is essential that you arrange an appointment. We recommend that you consult with a Council officer before submitting this application. Please contact Council for an application fee quote.

Please refer to FORM D attached for information required to be lodged with this application.

GREATER MURRAY & MOAMA WARDS (for example Moama, Mathoura, Bunnaloo, Womboota) Applications should be addressed to: How to contact us:

The General Manager Phone: (03) 5884 3400 Murray River Council Email: [email protected]

Mail:

Personal Delivery:

PO Box 21

MOAMA OFFICE 6 Meninya Street, MOAMA

MATHOURA NSW 2710

MATHOURA OFFICE 21 – 25 Conargo Street, MATHOURA

If you wish to discuss a proposal with one of our professional officers, it is essential that you arrange an appointment. We recommend that you consult with a Council officer before submitting this application. Please contact Council for an application fee quote.

Please refer to FORM D attached for information required to be lodged with this application.

mailto:[email protected]



FORM A

DEVELOPMENT APPLICATION (Owners Consent) The land owner’s written consent is required for a Development Application to be lodged with Murray River Council. (Environmental Planning and Assessment Act 1979 Section 78A(1), Environmental Planning and Assessment Regulation 2000 Clause 50(1)(a) and Schedule 1 Part 1 Clause 1(i)). OWNERS NAME / COMPANY* Name: Address: Suburb: Postcode: As owner(s) of the land to which the above described Application for Development applies, I/we consent to the making of the abovementioned development application. I/we also give consent for authorised Council officers to enter the land to carry out inspections relating to the application. Signature: Date: Print Name: Capacity: (Owner / Director) * If the land is owned by a private company (P/L), the signature of at least one director residing in Australia is

required. In the case of a public company, the signatures of two (2) directors are required, both of which must reside in Australia.

* If signed on behalf of a Body Corporate, the Common Seal must be stamped on this section. * If more than one registered owner then ALL OWNERS MUST SIGN. OWNERS NAME / COMPANY* Name: Address: Suburb: Postcode: As owner(s) of the land to which the above described Application for Development applies, I/we consent to the making of the abovementioned development application. I/we also give consent for authorised Council officers to enter the land to carry out inspections relating to the application. Signature: Date: Print Name: Capacity: (Owner / Director) * If the land is owned by a private company (P/L), the signature of at least one director residing in Australia is

required. In the case of a public company, the signatures of two (2) directors are required, both of which must reside in Australia.

* If signed on behalf of a Body Corporate, the Common Seal must be stamped on this section. * If more than one registered owner then ALL OWNERS MUST SIGN.


FORM B

STATEMENT OF ENVIRONMENTAL EFFECTS A Statement of Environmental Effects (SEE) is a report outlining the likely impacts of the proposal, and the proposed measures that will mitigate these impacts. For simple / low impact applications please use this form however for more complex application a separate more detailed document will need to be submitted. If unsure about any of the details required it is recommended that you contact Council’s Environmental Services Department by telephoning (03) 5884 3400 and make an appointment to discuss your proposal with a Council officer. 1. What are the environmental impacts of the development? Please indicate whether the proposed development will have any impact or be impacted by the following;

Yes No Yes No Flooding Soil Native Vegetation Heritage Non-Native Vegetation Overshadowing Threatened Species Privacy Native Fauna Noise Bushfire Waste Air Quality Other

If you answered Yes to any of the above please specify environmental impacts in more detail. 2. How the environmental impacts of the development have been identified? Please provide details. 3. What are the steps to be taken to protect the environment or to lessen the expected harm to the environment? Please provide details responding to the impacts identified above. 4. Site Suitability Please indicate the suitability of the site for the proposed development. 5. Servicing Please provide details in respect to the servicing of the subject development including; • the supply of water:

• the supply of electricity:

• the disposal and management of sewage:

• stormwater drainage or on-site conservation:

• suitable road access:


FORM C

SECTION 68 – LOCAL GOVERNMENT ACT 1993 APPROVALS

Place X or in relevant box PART A – STRUCTURES OR PLACES OF PUBLIC ENTERTAINMENT

1. Install a manufactured home, movable dwelling or associated structure on land. 2. (Repealed). 3. (Repealed).

PART B – WATER SUPPLY, SEWERAGE AND STORMWATER DRAINAGE WORK

1. Carry out water supply work. 2. Draw water from a Council water supply or a standpipe or sell water so drawn. 3. Install, alter, disconnect or remove a meter connected to a service pipe. 4. Carry out sewerage work. 5. Carry out stormwater drainage work. 6. Connect a private drain or sewer with a public drain or sewer under the control of a Council or with a drain or

sewer which connects with such a public drain or sewer. PART C – MANAGEMENT OF WASTE

1. For fee or reward, transport waste over or under a public place. 2. Place waste in a public place. 3. Place a waste storage container in a public place. 4. Dispose of waste into a sewer of the Council. 5. Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to

any such device or facility. 6. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979)

PART D – COMMUNITY LAND

1. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 2. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 3. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 4. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 5. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 6. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979)

PART E – PUBLIC ROADS

1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway.

2. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) PART F – OTHER ACTIVITIES 1. Operate a public car park. 2. Operate a caravan park or camping ground. 3. Operate a manufactured home estate. 4. Install a domestic oil or solid fuel heating appliance, other than a portable appliance. 5. Install or operate amusement devices.

6. (Repealed). 7. Separate application required (refer section 78A(3) of Environmental Planning and Assessment Act 1979) 8. (Repealed). 9. (Repealed). 10. Carry out an activity prescribed by the regulations or an activity of a class or description prescribed by the regulations.

Generally, water plumbing, sewer and stormwater disposal works should be depicted on a hydraulics plan indicating location, size and types of materials to be utilised. All such work must be carried out by a NSW Licensed Plumber and Drainer.


FORM D

Documents to Accompany a Development Application (DA)

Yes N/A

site plan (A4 or A3 size) (a) the location, boundary dimensions, site area and north point of the land, (b) existing vegetation and trees on the land, (c) the location and uses of existing buildings on the land, (d) existing levels of the land in relation to buildings and roads, (e) the location and uses of buildings on sites adjoining the land.

Yes N/A

sketch of the development (A4 or A3 size) (a) the location of any proposed buildings or works (including extensions or additions

to existing buildings or works) in relation to the land’s boundaries and adjoining development,

(b) floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building,

(c) elevations and sections showing proposed external finishes and heights of any proposed buildings (other than temporary structures),

(d) elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made,

(e) proposed finished levels of the land in relation to existing and proposed buildings and roads,

(f) proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate),

(g) proposed landscaping and treatment of the land (indicating plant types and their height and maturity),

(h) proposed methods of draining the land, (i) in the case of a BASIX development, such other matters as any BASIX certificate

for the development requires to be included on the sketch, (j) in the case of BASIX optional development—if the development application is

accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included on the sketch.

Yes N/A

statement of environmental effects (in the case of development other than designated development or State significant development),

Yes N/A

in the case of development that involves the erection of a building, an A3 plan of the building that indicates its height and external configuration, as erected, in relation to its site (as referred to in clause 56 of the Regulation),

Yes N/A

environmental impact statement (in the case of designated development or State significant development),

Yes N/A

species impact statement (in the case of land that is, or is part of, critical habitat or development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats), but not if the development application is for State significant development,

Yes N/A

if the development involves any subdivision work, preliminary engineering drawings of the work to be carried out,

Yes N/A

if the development involves a change of use of a building (other than a dwelling-house or a building or structure that is ancillary to a dwelling-house and other than a temporary structure): (i) a list of the Category 1 fire safety provisions that currently apply to the existing

building, and

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(ii) a list of the Category 1 fire safety provisions that are to apply to the building following its change of use,

Yes N/A

if the development involves building work to alter, expand or rebuild an existing building, a scaled plan of the existing building,

Yes N/A

if the land is within a wilderness area and is the subject of a wilderness protection agreement or conservation agreement within the meaning of the Wilderness Act 1987, a copy of the consent of the Minister for the Environment to the carrying out of the development,

Yes N/A

BASIX Certificate and such other documents as any BASIX certificate for the development requires to accompany the application,

Yes N/A

in the case of BASIX optional development—if the development application is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A for it to be so accompanied), such other documents as any BASIX certificate for the development requires to accompany the application,

Yes N/A

if the development involves the erection of a temporary structure, the following documents: (i) documentation that specifies the live and dead loads the temporary structure is

designed to meet, (ii) a list of any proposed fire safety measures to be provided in connection with the

use of the temporary structure, (iii) in the case of a temporary structure proposed to be used as an entertainment

venue—a statement as to how the performance requirements of Part B1 and NSW Part H102 of Volume One of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

(iv) documentation describing any accredited building product or system sought to be relied on for the purposes of section 79C (4) of the Act,

(v) copies of any compliance certificates to be relied on,

Yes N/A

in the case of a development involving the use of a building as an entertainment venue or a function centre, pub, registered club or restaurant—a statement that specifies the maximum number of persons proposed to occupy, at any one time, that part of the building to which the use applies.

BASIX CERTIFICATE: New Dwelling Applications Alterations / Additions ($50,000 or more; Swimming Pools - 40,000ltr and larger)

"BASIX Certificate" The Building Sustainability Index (BASIX) is a web-based planning tool designed to assess the potential performance of residential buildings against a range of sustainability indices. A BASIX Certificate identifies the sustainability features required to be incorporated in the building design. These features may include sustainable design elements such as recycled water, rainwater tanks, AAA-rated showerheads and taps, native landscaping, heat pump or solar water heaters, gas space heaters, roof eaves/awnings and wall/ceiling insulation. You need a BASIX Certificate in [name of local government area] when BASIX applies to the type of development for which you require approval. Commencement dates and details of types of development are at www.basix.nsw.gov.au. The applicant is required to submit the BASIX Certificate with the Development Application or Complying Development Certificate application. The plans and specifications must also identify the BASIX commitments which will be checked by a professional building certifier during construction. Where submitted plans or specifications are inconsistent with the relevant BASIX Certificate, Council should require applicants to submit consistent applications before progressing the assessment process, either by amending plans / specifications or by submitting a new BASIX Certificate with commitments that match the rest of the application. Applicants can generate the BASIX Certificate only on the NSW Department of Planning' BASIX website: www.basix.nsw.gov.au. For more information, phone the BASIX Help Line on 1300 650 908.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1987%20AND%20no%3D196&nohits=y

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Documents to accompany application for Construction Certificate (CC)

Yes N/A

if the development involves building work (including work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house): (i) a detailed description of the development, and (ii) appropriate building work plans and specifications, Description: (a) for each proposed new building:

(i) the number of storeys (including underground storeys) in the building, (ii) the gross floor area of the building (in square metres), (iii) the gross site area of the land on which the building is to be erected (in square

metres), (b) for each proposed new residential building:

(i) the number of existing dwellings on the land on which the new building is to be erected,

(ii) the number of those existing dwellings that are to be demolished in connection with the erection of the new building,

(iii) the number of dwellings to be included in the new building, (iv) whether the new building is to be attached to any existing building, (v) whether the new building is to be attached to any other new building, (vi) whether the land contains a dual occupancy, (vii) the materials to be used in the construction of the new building

Detailed Plans (A4 or A3 size), drawn to a suitable scale and consisting of a block plan and a general plan, that show:

(i) a plan of each floor section, and (ii) a plan of each elevation of the building, and (iii) the levels of the lowest floor and of any yard or unbuilt on area belonging to

that floor and the levels of the adjacent ground, and (iv) the height, design, construction and provision for fire safety and fire

resistance (if any), Specifications for the development:

(i) that describe the construction and materials of which the building is to be built and the method of drainage, sewerage and water supply, and

(ii) that state whether the materials to be used are new or second-hand and (in the case of second-hand materials) give particulars of the materials to be used,

A statement as to how the performance requirements of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

A description of any accredited building product or system sought to be relied on for the purposes of section 79C (4) of the Act,

Copies of any compliance certificate to be relied on, If the development involves building work to alter, expand or rebuild an existing

building, a scaled plan of the existing building, In the case of development to which BASIX applies, such other matters as any

BASIX certificate for the development requires to be included in the plans and specifications.

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Yes N/A

if the development involves building work (other than work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house or work that relates only to fire link conversion): (i) a list of any existing fire safety measures provided in relation to the land or any

existing building on the land, and (ii) a list of the proposed fire safety measures to be provided in relation to the land

and any building on the land as a consequence of the building work,

Yes N/A

if the development involves subdivision work, appropriate subdivision work plans and specifications: Appropriate subdivision work plans (A4 or A3 size) and specifications include the following: (a) details of the existing and proposed subdivision pattern (including the number of

lots and the location of roads), (b) details as to which public authorities have been consulted with as to the provision

of utility services to the land concerned, (c) detailed engineering plans as to the following matters:

(i) earthworks, (ii) roadworks, (iii) road pavement, (iv) road furnishings, (v) stormwater drainage, (vi) water supply works, (vii) sewerage works, (viii) landscaping works, (ix) erosion control works,

(d) copies of any compliance certificates to be relied on.

Yes N/A

in the case of development to which BASIX applies, such other documents as any BASIX certificate for the development requires to accompany the application,

Yes N/A

An application for a construction certificate that relates only to fire link conversion need only be accompanied by a document that describes the design and construction, and mode of operation, of the new fire alarm communication link.

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Documents to accompany application for Complying Development Certificate (CDC)

Yes N/A

site plan (A4 or A3 size) (a) the location, boundary dimensions, site area and north point of the land, (b) existing vegetation and trees on the land, (c) the location and uses of existing buildings on the land, (d) existing levels of the land in relation to buildings and roads, (e) the location and uses of buildings on sites adjoining the land.

Yes N/A

sketch of the development (A4 or A3 size) (a) the location of any proposed buildings or works (including extensions or additions

to existing buildings or works) in relation to the land’s boundaries and adjoining development,

(b) floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building,

(c) elevations and sections showing proposed external finishes and heights of any proposed buildings (other than temporary structures),

(d) elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made,

(e) proposed finished levels of the land in relation to existing and proposed buildings and roads,

(f) proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate),

(g) proposed landscaping and treatment of the land (indicating plant types and their height and maturity),

(h) proposed methods of draining the land, (i) in the case of development to which BASIX applies, such other matters as any

BASIX certificate for the development requires to be included on the sketch, (j) in the case of BASIX optional development—if the application for a complying

development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included on the sketch.

Yes N/A

if the development involves a change of use of a building (other than a dwelling-house or a building or structure that is ancillary to a dwelling-house and other than a temporary structure or work that relates only to fire link conversion): (i) a list of the Category 1 fire safety provisions that currently apply to the existing

building, (ii) a list of the Category 1 fire safety provisions that are to apply to the building

following its change of use,

Yes N/A

if the development involves building work (including work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house): (i) a detailed description of the development, and (ii) appropriate building work plans and specifications, as per

(a) detailed plans, drawn to a suitable scale and consisting of a block plan and a general plan, that show: (i) a plan of each floor section, and (ii) a plan of each elevation of the building, and (iii) the levels of the lowest floor and of any yard or unbuilt on area belonging

to that floor and the levels of the adjacent ground, and (iv) the height, design, construction and provision for fire safety and fire

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resistance (if any), (b) specifications for the development:

(i) that describe the construction and materials of which the building is to be built and the method of drainage, sewerage and water supply, and

(ii) that state whether the materials to be used are new or second-hand and (in the case of second-hand materials) give particulars of the materials to be used,

(c) a statement as to how the performance requirements of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

(d) a description of any accredited building product or system sought to be relied on for the purposes of section 85A (4) of the Act,

(e) copies of any compliance certificate to be relied on, (f) if the development involves building work to alter, expand or rebuild an existing

building, a scaled plan of the existing building, (g) in the case of development to BASIX applies, such other matters as any BASIX

certificate for the development requires to be included in the plans and specifications,

(h) in the case of BASIX optional development—if the application for a complying development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included in the plans and specifications.

Yes N/A

if the development involves building work (other than work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house):

(i) a list of any existing fire safety measures provided in relation to the land or any existing building on the land, and

(ii) a list of the proposed fire safety measures to be provided in relation to the land and any building on the land as a consequence of the building work,

Yes N/A

if the development involves subdivision work, appropriate subdivision work plans and specifications,

Yes N/A

if the development involves the erection of a wall to a boundary that has a wall less than 0.9m from the boundary, a report by a professional engineer, within the meaning of the Building Code of Australia, outlining the proposed method of supporting the adjoining wall,

Yes N/A

if the development involves the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary, a report by a professional engineer, within the meaning of the Building Code of Australia, outlining the proposed method of maintaining support for the adjoining wall after the demolition or removal,

Yes N/A

in the case of development to which BASIX applies, such other documents as any BASIX certificate for the development requires to accompany the application,

Yes N/A

in the case of BASIX optional development—if the application for a complying development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation for it to be so accompanied), such other documents as any BASIX certificate for the development requires to accompany the application,

Yes N/A

if the development involves the erection of a temporary structure, the following documents: (i) documentation that specifies the live and dead loads the temporary structure is

designed to meet, (ii) a list of any proposed fire safety measures to be provided in connection with the

use of the temporary structure,

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(iii) in the case of a temporary structure proposed to be used as an entertainment venue—a statement as to how the performance requirements of Part B1 and NSW Part H102 of Volume One of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),

(iv) documentation describing any accredited building product or system sought to be relied on for the purposes of section 85A (4) of the Act,

(v) copies of any compliance certificates to be relied on,

Yes N/A

in the case of a development involving the use of a building as an entertainment venue or a function centre, pub, registered club or restaurant—a statement that specifies the maximum number of persons proposed to occupy, at any one time, that part of the building to which the use applies.

BASIX CERTIFICATE: New Dwelling Applications Alterations / Additions ($50,000 or more; Swimming Pools - 40,000ltr and larger)

"BASIX Certificate" The Building Sustainability Index (BASIX) is a web-based planning tool designed to assess the potential performance of residential buildings against a range of sustainability indices. A BASIX Certificate identifies the sustainability features required to be incorporated in the building design. These features may include sustainable design elements such as recycled water, rainwater tanks, AAA-rated showerheads and taps, native landscaping, heat pump or solar water heaters, gas space heaters, roof eaves/awnings and wall/ceiling insulation. You need a BASIX Certificate in [name of local government area] when BASIX applies to the type of development for which you require approval. Commencement dates and details of types of development are at www.basix.nsw.gov.au. The applicant is required to submit the BASIX Certificate with the Development Application or Complying Development Certificate application. The plans and specifications must also identify the BASIX commitments which will be checked by a professional building certifier during construction. Where submitted plans or specifications are inconsistent with the relevant BASIX Certificate, Council should require applicants to submit consistent applications before progressing the assessment process, either by amending plans / specifications or by submitting a new BASIX Certificate with commitments that match the rest of the application. Applicants can generate the BASIX Certificate only on the NSW Department of Planning' BASIX website: www.basix.nsw.gov.au. For more information, phone the BASIX Help Line on 1300 650 908.

Development Application

Small Marina Moama on Murray Resort 69 Dungula Way, Moama October 2018

The information contained in this document produced by Habitat Planning is solely for the use of the person or organisation for which it has been prepared and Habitat Planning undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the written permission of Habitat Planning. © 2018 Habitat Planning

Prepared for Moama Resort Pty Ltd (trading as Moama on Murray Resort) Habitat Planning Suite 1, 622 Macauley Street ALBURY NSW 2640 p. 02 6021 0662 e. [email protected] w. habitatplanning.com.au

Document Control

Version Comments Author Approved

A Draft to client WH 02/06/17

B Revised draft to client WH 08/06/17

C Final for lodgement WH 29/08/17

D Revised final WH 20/06/18

E Updated final (2) WH 29/10/18


http://www.habitatplanning.com.au/

Contents

1. Introduction ............................................................................................. 1

2. The site ................................................................................................... 1

3. The proposal ........................................................................................... 4

4. Planning instruments .............................................................................. 5

4.1 Murray Regional Environmental Plan No 2 – Riverine Land (MREP2) . 5

4.2 Murray Local Environmental Plan 2011 (MLEP) .................................. 9

4.3 Murray Development Control Plan 2012 (MDCP) .............................. 14

4.4 Mooring Management Plan ............................................................... 17

5. Statement of environmental effects ....................................................... 18

6. Conclusion ............................................................................................ 24

Attachments

A. Plans

B. Public landowners consent

C. Public liability insurance

D. Local Aboriginal Land Council assessment

E. Application to vary development standards

Habitat Planning Small Marina – Moama on Murray Resort, Moama

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1. Introduction This report is in support of a development application for a floating small marina intended to facilitate boating activities associated with the Moama on Murray Report (see Figure 1). It is noted that the resort already has approval for the operation of six commercial vessels and these operations will be transferred to the marina once installed.

The development is to be located on public land at the edge of the Murray River (see Figure 2) approximately six kilometres upstream of the Echuca wharf.

The purpose of the report is to assist Council in its assessment of the application under Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). As is required by the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) the report also includes a Statement of Environmental Effects that considers the impact of the development on the environment.

2. The site The site for the proposal is located on the NSW bank of the Murray River approximately four kilometres east of Moama along Edward Street (see Figure 1). The site adjoins and is to be part of, the Moama on Murray Resort at 69 Dungula Way, Moama (see Figure 2). The resort features 112 self-contained accommodation villas supported by a wide range of recreation and entertainment facilities.

The land upon which the development is proposed is on the bank of the Murray River and described as Lot 258 in DP726665 in conjunction with part of the Murray River. Both Lot 258 and the Murray River are the domain of NSW Crown Lands.

The subject land is on the Murray River floodplain and features extensive remnant vegetation (predominantly River Red Gums). The land is relatively flat with the exception of the river bank that slopes down to the water’s edge.

River levels at the site vary considerably and are largely determined by the quantity and rate of water being released from Lake Hume upstream for irrigation, environmental purposes or to prevent the lake reaching its full supply level. Significant rain events in the Goulburn River catchment can also cause uncontrolled rises in the river at the site as it’s confluence with the Murray River is not far upstream.

Land on the western side of the subject site is in private ownership (Moama on Murray Resort) with the Murray River adjoining on all other sides. On the opposite side of the river beyond the top of the bank is the State of Victoria and more specifically the eastern fringe of Echuca.


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\ Figure 1 – Site location within the context of Moama and surrounds (Source: Google maps)

Figure 2 – Location of proposal within the context of its immediate surrounds (Source: nearmap)


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Figure 3: Existing access at the top of the bank to the proposed marina.

Figure 4: Existing car park to be used for the proposed marina.

Figure 5: View of the bank at the location of the marina. Note this is in low river conditions.


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3. The proposal The proposal is to install a floating small marina for the principal purpose of conducting boating activities associated with the Moama on Murray Resort. It is noted that the resort already has approval for the operation of six commercial vessels.

Plans of the proposal are included at Attachment ‘A’.

The access walkway and pontoon making up the marina will provide access to boats and for servicing and loading/unloading the temporary occupants of houseboats operated by Moama on Murray Resort. No more than six vessels will be berthed at the marina at any given time.

The marina consists of two 18.6 metre long access gangways extending from the bank to a 53 metre long walkway parallel to the bank to which vessels will be moored. The gangways and walkway are 2 metres wide with a base of non-slip metal grating. Handrails are provided on both sides of the gangways and on the bank side of the walkway along the marina. A pontoon structure extends along the full length of the 53 metre walkway and provides the floatation for the marina. Fixed and adjustable guy wires are attached to the structure and engineered to provide stability to the marina.

The two gangways are attached to guide rails on the bank that allow for the marina to move laterally approximately 4 metres depending on river height and the mooring needs of vessels. The two gangways will be hinged at both ends to allow for vertical movement as the water level in the river changes. The marina will be secured to the bank at the top of both gangways as well as by steel cables to anchor points on the bank. These anchor points will be engineered to sustain the load placed upon them by the marina (with up to six vessels attached).

The whole marina structure can be disconnected from its anchor points on the bank in the event of a major flood so that it can float freely and not impact on floodwaters. No vessels would be permitted to remain attached or to utilise the marina in such an event.

The marina will be provided with all navigational markings required by the RMS.

Constructed access to the marina and car parking already exist (see Figures 3 & 4).


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4. Planning instruments The proposal requires consideration against the following planning instruments.

4.1 Murray Regional Environmental Plan No 2 – Riverine Land (MREP2)

MREP2 is a deemed State Environmental Planning Policy under the EP&A Act and is relevant to the application. The aims of the MREP2 are to conserve and enhance the riverine environment of the River Murray1 for the benefit of all users.

As this is a development application, the planning principles contained in Part 2 of MREP2 must be taken into account by Council. It is noted that the Department of Planning and Environment (DPE) has advised Council that these planning principles should not be regarded as development standards for the purposes of the EP&A Act.

The planning principles at Clauses 9 and 10 of MREP2 as they apply to the proposed development are addressed in the following table.

GENERAL PRINCIPLES RESPONSE

(a) aims & objectives The aims of this plan are to conserve and enhance the riverine environment of the River Murray for the benefit of all users. The objectives of MREP are: • to ensure that appropriate consideration is

given to development with the potential to adversely affect the riverine environment of the River Murray, and

• to establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray, and

• to conserve and promote the better management of the natural and cultural heritage values of the riverine environment of the River Murray

An assessment of the application under Section 4.15 of the EP&A Act will ensure that adequate consideration is given to any potential adverse impacts on the riverine environment.

MREP2 has existed more or less unchanged for the past 20 years and consequently there is an expectation that this proposal will be considered consistently with other like developments in that time.

(b) any relevant River Management Plan,

(Note that a River Management Plan is defined in the MREP2 as any development control plan, plan of management, study, strategy, guideline or the like, which has undergone a public participation process, which is consistent with the aims, objectives and principles of this plan and which is endorsed by the MDBC.)

There are documents that may meet this definition except for the fact that none have been endorsed by the MDBC. Consequently by definition, there are no River Management Plans applicable to the application.

1 The River Murray is defined in MREP2 as the Murray River, the waters and the bed and banks of its tributaries and associated water bodies, including related anabranches, creeks, lagoons, lakes, billabongs and wetlands.


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(c) any likely effect of the proposed plan or development on adjacent and downstream local government areas

The proposal will have no detrimental impacts on the river and consequently none on downstream local government areas.

(d) the cumulative impact of the proposed development on the River Murray.

The Moama on Murray Resort already has approval for the operation of six commercial vessels. Consequently the relocation of these vessels to the proposed marina will have no cumulative impact.

Houseboats and other larger vessels are relatively benign in their impact on the riverine environment because they are fully self-contained for waste (compared to campers on the river bank) and move at slow speed with little wake (compared to ski-boats).

SPECIFIC PRINCIPLES RESPONSE

Access

• The waterway and much of the foreshore of the River Murray is a public resource. Alienation or obstruction of this resource by or for private purposes should not be supported.

• Development along the main channel of the River Murray should be for public purposes. Moorings in the main channel should be for the purposes of short stay occupation only.

• Human and stock access to the River Murray should be managed to minimise the adverse impacts of uncontrolled access on the stability of the bank and vegetation growth.

The proposal cannot obstruct public access to the river as the subject site is on public land.

The use of the marina for a range of boating activities associated with the resort means it is accessible to the public and therefore relates to a public purpose. Likewise for other boating activities associated with the resort which is accessible to the public. Council consider that the use of a marina does not represent “short stay occupation”; hence the proposal is non-compliant with this principle. Since Council considers the planning principles in MREP2 to be ‘development standards’ (contrary to the view of the Department of Planning and Environment), a variation to the requirement must be sought (see Attachment ‘E’).

The gangways on the marina ensure controlled access to the river and therefore minimises impacts on other parts of the bank. There is no stock on the site.

Bank disturbance

• Disturbance to the shape of the bank and riparian vegetation should be kept to a minimum in any development of riverfront land.

The proposal will not alter the shape of the bank and no significant vegetation is required to be removed.


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Flooding

• Where land is subject to inundation by floodwater:

(a) the benefits to riverine ecosystems of periodic flooding,

(b) the hazard risks involved in developing that land,

(c) the redistributive effect of the proposed development on floodwater,

(d) the availability of other suitable land in the locality not liable to flooding,

(e) the availability of flood free access for essential facilities and services,

(f) the pollution threat represented by any development in the event of a flood,

(g) the cumulative effect of the proposed development on the behaviour of floodwater, and

(h) the cost of providing emergency services and replacing infrastructure in the event of a flood.

• Flood mitigation works constructed to protect new urban development should be designed and maintained to meet the technical specifications of the Department of Water Resources.

The site is subject to inundation only in a major flood event (1 in 10 years plus). Being a floating structure, the marina would not suffer any consequences from flooding. The fixed part of the structure on the top of the bank (i.e. the anchoring points) will be constructed so it is not susceptible to erosion if inundated.

The marina will have no impact on flow or storage of floodwater, or on water quality. Access to the structure during a major flood will be cut but is not necessary and will not present a threat to life or property.

There are no other locations under the control of the applicant having a higher flood threshold that could be utilised for the proposal.

Land degradation

• Development should seek to avoid land degradation processes such as erosion, native vegetation decline, pollution of ground or surface water, groundwater accession, salination and soil acidity, and adverse effects on the quality of terrestrial and aquatic habitats.

The only land disturbance arising from the development is the installation of the access walkway and anchoring points for the marina structure. Following rehabilitation of the site at which these structures are to be placed, the bank should return to its previous state. No trees need to be removed to install the structures.

Landscape

• Measures should be taken to protect and enhance the riverine landscape by maintaining native vegetation along the riverbank and adjacent land, rehabilitating degraded sites and stabilising and revegetating riverbanks with appropriate species.

No trees are to be removed as part of the development and hence no revegetation works are required.


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River related uses

• Only development which has a demonstrated, essential relationship with the river Murray should be located in or on land adjacent to the River Murray. Other development should be set well back from the bank of the River Murray.

• Development which would intensify the use of riverside land should provide public access to the foreshore.

The marina has an essential relationship with the river because it is associated with water craft.

See response above in regards to public access. The ‘foreshore’ below the top of the bank does not offer any benefit to the public. There is no sandbank or other feature below the bank that the public might want to access.

Settlement

• New or expanding settlements (including rural-residential subdivision, tourism and recreational development) should be located: (a) on flood free land, (b) close to existing services and facilities,

and (c) on land that does not compromise the

potential of prime crop and pasture land to produce food or fibre.

The application does not relate to settlement (i.e. the urban expansion of Moama).

Water quality

• All decisions affecting the use or management of riverine land should seek to reduce pollution caused by salts and nutrients entering the River Murray and otherwise improve the quality of water in the River Murray.

The proposal will not result in any pollutants entering the river.

Wetlands

Wetlands are a natural resource which have ecological, recreational, economic, flood storage and nutrient and pollutant filtering values. Land use and management decisions affecting wetlands should:

(a) provide for a hydrological regime appropriate for the maintenance or restoration of the productive capacity of the wetland,

(b) consider the potential impact of surrounding land uses and incorporate measures such as a vegetated buffer which mitigate against any adverse effects,

(c) control human and animal access, and (d) conserve native plants and animals.

The site is not located within or near any wetland.

Clause 13 - Planning control & consultation table

Part 3 of MREP2 sets out planning requirements and consultation for specific developments. Clause 13 provides definitions, planning controls, agency consultation requirements and specific matters for consideration by Council.


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The proposal is defined in the MREP2 as a marina (small) as it represents a pontoon, jetty, pier or other structure or apparatus used or intended to be used to provide berths for boats, and extends to any support facilities on the adjoining area of land, but not development defined as a marina (large)2. The development of a marina (small) is permissible under MREP2 as long as it is not prohibited under another environmental planning instrument (e.g. a local environmental plan), which it isn’t (see Section 4.2 below).

The wide-ranging agency consultation required under clause 13 of the MREP2 for a marina (small) will be undertaken by Council following receipt of the application.

4.2 Murray Local Environmental Plan 2011 (MLEP)

There a number of clauses within MLEP relevant to the application.

Land use table (clause 2.3)

Under the provisions of the MLEP, that part of the subject land above the top of the bank is zoned as E3 Environmental Management and that below W2 Recreational Waterways. A marina as defined in the Dictionary of MLEP is permissible with consent under MLEP in both these zones.

Clause 2.3(2) requires Council to have regard for the objectives of the zone when determining a development application.

The objectives of the E3 zone are:

To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

To provide for a limited range of development that does not have an adverse effect on those values.

The objectives of the W2 zone are:

To protect the ecological, scenic and recreation values of recreational waterways. To allow for water-based recreation and related uses. To provide for sustainable fishing industries and recreational fishing.

The proposal is not regarded as inconsistent with the objectives of the E3 and W2 zones because it is a relatively small floating structure extending from the top of the bank out into the river and involves little site disturbance.

Exceptions to development standards (clause 4.6)

Clause 4.6(2) of the MLEP makes provision for consent to be “granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument.” Consequently the variation of development standards expressed in the MLEP and MREP2 (as an ‘other environment planning instrument’) are both open to the applicant to use under clause 4.6.

As indicated in the above section, Council considers the marina to be non-compliant with the planning principle in MREP2 at clause 10 relating to structures on the river

2 Under MREP2, a marina (large) is a pontoon, jetty, pier or the like, capable of providing berths for 10 or more boats.


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used by boats should be restricted to “short stay occupation only”. Council also considers the principles expressed in MREP2 to be ‘development standards’ by definition in the EP&A Act. It is noted this is contradictory to the position of the Department of Planning and Environment as stated in their letter to Council dated 22 October 2013.

Clause 7.6 of the MLEP prevents Council from granting consent to a development that will result in more than one mooring per lot. As this control is expressed numerically, it is unequivocally a development standard. As the proposal is for a structure containing six moorings, it is non-compliant with this development standard.

An application to vary both these ‘development standards’ under clause 4.6 is included at Attachment ‘E’. This satisfies the application requirements and justifies the variations.

Biodiversity protection (clause 7.3)

The site of the proposed development is indicated as both Key Fish Habitat (the river) and Terrestrial Biodiversity (the top of the bank) on the Biodiversity Map in the MLEP. Clause 7.3 of the MLEP requires Council to consider whether or not the development:

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

In addition, Council must not grant consent unless it is satisfied that:

(a) the development is designed, sited and will be managed to avoid any adverse environmental impact, or

(b) if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

The relatively small scale of the development proposed combined with minimal site disturbance through the placement rather than construction of structures (noting that the access and car park are existing), means that the environmental impact will not be significant. The periodic use of the site also significantly reduces the disturbance to the environment surrounding the river. No trees are required to be removed to accommodate the proposal. No long-term mitigation measures are considered necessary to protect the environment. Soil and water management will need to be exercised during installation of the access walkway and anchoring points to prevent the transfer of sediment in to the river.

Development on river front areas (clause 7.4)

Part of the proposed development is within a river front area being within 100 metres of the high bank of the river. Only the access and car park component of the development is subject to this clause as all other components (including the marina and its anchor


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points) are below the top of the bank. Clause 7.4 of the MLEP only allows development in a river front area if it is for:

(a) boat building and repair facilities, boat launching ramps, boat sheds, charter and tourism boating facilities or marinas,

(b) the extension or alteration of an existing building that is wholly or partly in the river front area, but only if the extension or alteration is to be located no closer to the river bank than the existing building,

(c) environmental protection works, (d) extensive agriculture and intensive plant agriculture, (e) environmental facilities, recreation areas and recreation facilities (outdoors), (f) water recreation structures.

As the proposal is for a marina, it is permissible within the river front area.

In addition Council must not grant consent under this clause unless it is satisfied:

(a) that the appearance of the development, from both the river concerned and the river front area, will be compatible with the surrounding area,

(b) that the development is not likely to cause environmental harm, including (but not limited to) the following: (i) pollution or siltation of the river concerned, (ii) any adverse effect on surrounding uses, riverine habitat, wetland areas or flora or

fauna habitats, (iii) any adverse effect on drainage patterns,

(c) that the development is likely to cause only minimal visual disturbance to the existing landscape,

(d) that continuous public access, and opportunities to provide continuous public access, along the river front and to the river concerned are not likely to be compromised,

(e) that any historic, scientific, cultural, social archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land is to be maintained.

There are minor impacts within the river front area by way of usage of the existing access track and parking associated with the marina. The infrequent use of this existing track and car park as a result of the marina facility will have no detrimental environmental impacts. Public access along the river bank (within the Crown land) will not be compromised by the development.

Riparian land and Murray River and other watercourses (clause 7.5)

The area below the top of the bank at the site is indicated as Riparian Land and Waterways on the Watercourse Map in the MLEP. The remaining part of the development (access and car parking) is also subject to this clause of the MLEP because it is within 40 metres of the top of the bank. The clause requires Council to consider whether or not the development:

(a) is likely to cause any adverse impact on the following: (i) the water quality and flows within a watercourse, (ii) aquatic and riparian species, habitats and ecosystems, (iii) the stability of the bed, shore and banks of a watercourse, (iv) the free passage of fish and other aquatic organisms within or along a

watercourse,


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(v) any future rehabilitation of a watercourse and riparian areas, and (b) will increase water extraction from a watercourse.

The extent of the environmental impacts of the proposal have been addressed under various other clauses above as well as the Statement of Environmental Effects (SEE) and need not be reiterated here. The proposal does not involve any extraction of water from the river.

In addition Council must not grant consent under this clause unless it is satisfied:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

The proposal includes a floating pontoon with walkway access and anchoring points on the bank. Use of land within the riverfront area includes existing car parking and access to the walkway structure for hirers and maintenance staff. These works will not result is any alteration to the natural drainage patterns of the land. Human activity at the site will be on an irregular basis and for short periods associated with accessing activities at the marina. This level of intervention will have little impact on the natural environment of the river bank.

The presence of boats aside, the development will have a negligible impact on the landscape of the river as the only visible structure will be the pontoon and gangways. Up to six vessels at the site will provide a visual contrast to the largely natural environment of the river. However, the proximity to Moama (by river) and the presence of the nearby resort means that this type of visual intrusion is common along both sides of the river. Within this context the presence of watercraft and associated structures will not be out of character with the surrounding area.

Access to the marina is through the Moama on Murray Resort, which is also intended to accommodate visitors to the region. The lack of permanent residents in the immediate vicinity avoids any land use conflicts and therefore incompatibility. It is only a short distance from the top of the bank to the gangways and consequently there will be minimal impact on the natural environment of the river bank.

All wastes generated by use of the commercial vessels from the marina are contained within the vessel and removed at the completion of each hire period. Effluent is contained within holding tanks and removed either by utilising the resort’s current trade waste agreement or at the public pump-out facility located at the Echuca-Moama bridge. Some minor impact on water quality may be caused by the operation of boat engines but this is considered negligible within the context of the river as a whole.

Additional provisions—development on river bed and banks of the Murray and Wakool Rivers (clause 7.6)

This clause of the MLEP applies to development on the river bed and up to the top of the bank and is relevant to the proposal although technically the marina is not so much as on the river bed but above it (i.e. floating in the water). The objective of the clause is to manage and protect the watercourse and water within it.


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Under this clause Council must not grant consent for any development under this clause unless it is satisfied:

(a) that the development is likely to contribute to achieving the objectives of the zone in which the land is located,

(b) that the development will not increase erosion, (c) that the development is not likely to cause an adverse effect on riverine habitat or flora

or fauna habitats, (d) that the development will not cause an adverse effect on drainage or flow patterns.

The objectives of the W2 and E3 zones are stated at the beginning of this section of the report. The development in terms of disturbance to the riverine environment is considered to be relatively small. Little disturbance to the bank is required to install the marina. There will be some minor impact from persons traversing to the marina however these impacts are not considered to be inconsistent with the zone objectives. Both zones make provision for compatible and sustainable development. The environmental impacts of the development are interrogated further in the SEE.

In addition Council must not grant consent for a structure under this clause unless it is satisfied:

(a) that the proposed structure will not be located on an outside bend of the Murray or Wakool River,

(b) that the appearance of the proposed structure, from both that River and any adjacent land, will be compatible with the surrounding area,

(c) that the development does not involve, and will not result in, the erection of more than one mooring per lot or per lots owned by the same owner or owners.

The proposal satisfies this clause because the marina is not located on the outside of a river bend and is generally compatible with the surrounding area having regard for other structures and moored vessels in the river near the site (particularly downstream). The pontoon will provide a long and narrow platform of approximately 100m2 for vessels to tie up to when loading/unloading and being serviced. Whilst the gangways and pontoon structure will be clearly visible from the river, it is not a substantial structure that detracts greatly from the general river landscape, particularly in this location.

The proposal is non-compliant with the restriction on one mooring per lot as up to six houseboats will be moored at the marina. An application to vary this development standard under clause 4.6 of the MLEP is included at Attachment ‘E’. This application adequately demonstrates that a variation is justified having regard for the circumstances of the proposal.

Flood planning (clause 7.8)

The site of the proposed development is indicated as within the Flood Planning Area on the Flood Planning Map in the MLEP. Clause 7.8 of the MLEP requires Council to be satisfied that the development:

(a) is compatible with the flood hazard of the land, and (b) is not likely to significantly adversely affect flood behaviour resulting in detrimental

increases in the potential flood affectation of other development or properties, and (c) incorporates appropriate measures to manage risk to life from flood, and


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(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The site of the development is rated as high hazard floodway3 in terms of the flood hazard but beyond the top of the bank is only inundated in the event of a major flood (1 in 10 years). In the event of a predicted major flood, the floating marina would be disconnected from the bank and secured to prevent it moving down the river. Consequently, during a major flood the marina will have no detrimental impact on the storage or passage of floodwater on the site or result in any cost to the community. The anchor points on the top of the bank will be constructed so as not to be susceptible to erosion when inundated. The marina will not be in use immediately before, during or immediately after a major flood event.

4.3 Murray Development Control Plan 2012 (MDCP)

In considering the requirements of the MDCP, it is important to acknowledge firstly the changed role of DCP’s since the Environmental Planning and Assessment Amendment Act 2012. According to the accompanying Planning Circular PS13-003 the amending legislation amongst other things relates “to the purpose, status and content of development control plans (DCPs), and how they are to be taken into account during the development assessment process”. Specifically the following statements are made in the Planning Circular:

• The objective of the changes are to:

- reinforce the purpose and status of DCPs as guidance documents used in local planning decision-making, and

- introduce flexibility in the way in which provisions in DCPs are applied by consent authorities when assessing development applications.

• The Amendment Act makes it clear that the principal purpose of a DCP is to provide guidance to a consent authority.

• The Amendment Act returns the status of DCPs to their original purpose as a guideline and confirms the status of LEPs as the primary statutory planning document for an area.

• The Amendment Act reinforces that the provisions contained in a DCP are not statutory requirements and are for guidance purposes only.

• The Amendment Act introduces flexibility in the way in which provisions in a DCP are to be considered by a consent authority when assessing a development application. Consent authorities now have more power to be flexible and consider innovative solutions when assessing development proposals, helping to create good planning outcomes.

• …. if a development application does not comply with provisions in a DCP, a consent authority must be flexible in the way it applies the controls and also allow for reasonable alternative solutions to achieve the objectives of those standards.

3 Moama Floodplain Management Study 1999


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The following requirements of the MDCP are addressed having regard for the above.

Chapter 10 – Watercourses & riparian land

Chapter 10 of the MDCP applies to watercourses and riparian land for which the overall purpose is to provide controls for development and to minimise environmental impacts on land within or adjacent to a watercourse. The proposed development requires consideration against the following controls in this chapter.

Visual amenity

Buildings and structures are to utilise building materials and colours that blend with the natural environment. Bright or reflective colours (unless necessary for safety reasons) and materials will not be supported by Council.

Landscaping of native riparian vegetation is be used to soften visual amenity impacts but not used as a substitute for appropriate siting of buildings and structures in the river environment

The gangways and pontoon structure of the marina will be painted a muted tone to blend with the surrounding natural environment. It is acknowledged that the RMS may specify that some of the structure is painted in more contrasting colours in the name of river navigation safety.

No landscaping is proposed because of the minor scale of the development and no trees need to be removed to accommodate the proposal. As the proposal relates to access to the river, there is no opportunity to set the structure further back from the edge of the bank.

Pontoons and walkways

Pontoons, walkways and jetties for private recreational use are not permitted. Pontoons and walkways will be assessed on their merits where they are fundamental

and ancillary to large scale tourist developments. Pontoons and walkways may still be permissible within private waterways/marinas and

to provide safe access to approved mooring sites. Pontoons and walkways for the placing of a water pumps will only be considered in

exceptional circumstances where the pump is substantial and will service many properties.

Walkways and landings are to be hinged to the high bank of the waterway and floating so they can rise and fall with the water levels.

All works involving soil or vegetation disturbance shall be undertaken with adequate measures to prevent soil erosion and the entry of sediments into the adjacent waterway.

Pontoons and walkways are to be fitted with reflective markers for the purposes of river navigation.

Whilst the MDCP cannot prohibit development that is permitted by an environmental planning instrument (such as MREP2 or MLEP), the marina is associated with the Moama on Murray Resort and therefore relates to a commercial rather than a private activity. The use of the marina will be ancillary to the operation of the resort. Within the context of Moama, the resort as a whole can be considered as a ‘large scale’ tourist development.

The only soil disturbance associated with the development is for the installation of the anchor points for the gangways and wire stays, as well as an access walkway to the marina. The two gangways will be hinged at both ends to allow movement of the


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pontoon with changing river levels. The structure has also been designed to slide in and out from the bank to cater for movement in the water’s edge. Appropriate reflectors and the like will be installed on the pontoon in accordance with RMS specifications.

Moorings

Moorings cannot be transferred from private marinas to the Murray River. The mooring is to be constructed at a stable point in the river i.e. at a site not prone to

erosion or an outside bend of a river. Moorings are to be hinged to the high bank of the waterway and floating so they can

rise and fall with the water levels. Deep water or weir pools are the preferred location for moorings. All works involving soil or vegetation disturbance shall be undertaken with adequate

measures to prevent soil erosion and the entry of sediments into the adjacent waterway. All mooring locations are to be situated at a safe and appropriate location in

consultation with relevant agencies. Applications are to detail compliance with the Mooring Management Plan. Council will

use the following criteria in assessing applications for moorings: - If the mooring or mooring structure is located within the Murray River, whether it

is located in a NSW Maritime designated mooring zone. - No more than one mooring or mooring structure per lot or holding is permitted

(this does not apply to a marina). - Site analysis and design response given location and site specific constraints. - Written referral comments from relevant government departments and agencies

The proposal is located approximately mid-way along a short ‘straight’ in the river and therefore the bank in this location will be less susceptible to erosion than on the outside of a bend. Whilst the site is not located within the Torrumbarry Weir pool, water depth is sufficient for the year-round operation of typical rivercraft in an around Echuca.

The two gangways to the pontoon will be hinged at both ends to allow movement of the structure with the rise and fall of river levels. The gangways are designed so they can be disconnected from their anchor point, secured and allowed to float with the pontoon in the event of a major flood.

Construction techniques will be utilised in the placement of the access walkway and anchor points to ensure there will be no sediment transfer to the river via stormwater or bank collapse. Once rehabilitated following installation, the bank should return to its previous undisturbed status.

The appropriateness of the location of the marina will be determined by the RMS as part of the referral process Council will undertake with the development application. The location has been chosen having regard for access to existing infrastructure at the top of the bank associated with the Moama on Murray Resort (road, water and power) and to avoid the need to remove any trees.

It is noted that the MDCP excludes marinas from the ‘one mooring per lot’ development standard, hence unlike the MLEP, the proposal is not non-compliant.

The application requirements of the Mooring Management Plan (MMP) are addressed in Section 4.4 below.

Liability and public safety


17

All pontoons or walkways are to be provided with an engineer’s certificate validating the structural integrity.

All private structures are to have restricted access and appropriate signage to prohibit unauthorised use.

Owners of public facilities are to supply Council with a copy of their public liability insurance.

An engineers certificate and public liability insurance for the marina will be provided with the application for a Construction Certificate. Signage restricting the use of the structure will be installed prior to commencement of its use. A copy of the resort’s public liability insurance is included at Attachment ‘C.

Chapter 11 - Flood prone land

Chapter 11 of the MDCP applies to flood prone land. Consideration of this chapter is adequately addressed in the response to Clause 7.8 (flood planning) of the MLEP above.

4.4 Mooring Management Plan (MMP)

Council has adopted a MMP to manage the allocation and installation of moorings in the Murray and Edward Rivers. The MMP specifies a number of matters that must be addressed in a development application for a mooring. These requirements overlap considerably with the requirements for a development application under the EP&A Act. However, the following response is made for the purposes of satisfying the MMP.

• The landowners consent (DPI Lands) is given with the development application form.

• The marina is a new structure for commercial use associated with the Moama on Murray Resort.

• A SEE is provided in the following section of this report.

• Plans for the development are included at Attachment ‘A’.

• Photographs of the site are included in this report.

• The purpose of the marina is to provide access for boats associated with the Moama on Murray Resort. For the purposes of demonstrating the capacity of the marina, dimensions of houseboats are provided on the plans at Attachment ‘A’.


18

5. Statement of environmental effects Clause 2 of Part 1 of Schedule 1 to the Environmental Planning and Assessment Regulation 2000 lists the documents that must accompany a development application. Subclause 2(1)(c) states that one of these documents must be a statement of environmental effects. Subclause 2(4) specifies the statement of environmental effects must address:

(a) the environmental impacts of the development, (b) how the environmental impacts of the development have been identified, (c) the steps taken to protect the environment or to lessen the expected harm to the

environment, (d) any matters required to be indicated by any guidelines issued by the Director-

General for the purpose of this clause.

It is noted that there are no guidelines issued by the Director-General applicable to this proposal.

The development is considered to have the following environmental effects.


19

HOW IDENTIFIED POTENTIAL IMPACTS OF THE DEVELOPMENT THE STEPS TAKEN TO MITIGATE POTENTIAL DETRIMENTAL IMPACTS

Context & setting

Visual inspection of the site and surrounds.

Potential for detrimental visual impacts to surrounding areas by way of additional development along the river. Potential to be incompatible with surrounding bushland setting. Potential detrimental impact through the site being remote from support services and difficult to access. Potential positive impact on the overall tourist experience based on the river in Echuca/Moama.

The scale of the development is quite small within the context of the river and consequently will have little visual impact. Apart from users of the river itself, the site will not be readily visible from other public places. The proximity of the site to Echuca and Moama means there are already numerous and more substantial structures within the river related to boating (mostly houseboats). Moorings are compatible with the riverine environment and a waterfront location as they relate to the water. The proposal will have no impact upon unrelated adjoining a land uses as it is located some distance from nearest residences. The site is something that is ‘passed through’ rather than ‘occupied’ by users, which reduces the potential for disturbance of the surrounding area. The site is highly accessible to the services and facilities of the immediately adjoining resort. Access is via an existing formed and constructed track.

Access & traffic Anticipated. Potential detriment to the top of the river bank by persons accessing the marina.

The existing access to the site through the resort will accommodate the small increase in vehicle movements. It is not expected that the levels of pedestrian traffic generated by the proposal will warrant construction of a pathway to the marina. The distance from the access track to the top of the gangways is short. The frequency of use of the site is not expected to be high and consequently the impacts of boat wash on the bank in the vicinity of the marina is not expected to exacerbate existing impacts. Vessels would be approaching the marina at very low speed and consequently generate little wave motion. The marina will lead to an almost insignificant increase in the number of vessels passing the site.

Public domain Visual inspection of the site and surrounds.

Potential detrimental impacts generally on the river environment through increased use of the Murray River. Potential detriment though prevention of public access.

The usage of the site and amount of new river traffic it will generate will have an almost insignificant impact having regard for the existing characteristics and use of the river in the Echuca-Moama area. Whilst the site is located on public land, there is no constructed vehicular or pedestrian access to it. Access can be achieved from the river.


20


Archaeology Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. AHIMS database. Site visit by Moama Local Aboriginal Land Council.

Steps in due diligence process Step 1. Will the activity disturb the ground surface? Yes, through installation of the marina anchoring points. Step 2a. Search the AHIMS database and use any other sources of information of which you are already aware. There are no recorded sites on the AHIMS database or on the Heritage Map in the MLEP at or near the location of the proposed marina. Step 2b. Activities in areas where landscape features indicate the presence of Aboriginal objects. The river bank is a landscape feature that would indicate the likely presence of Aboriginal objects. Step 3. Can you avoid harm to the object or disturbance of the landscape feature? Works to the river bank associated with the marina installation are minor and once rehabilitated will have a net zero impact. The access to the marina and car park are existing and only their use is part of this development application. Step 4: Desktop assessment and visual inspection. In addition to a review of all publically available information, a site inspection was undertaken by the Moama Local Aboriginal Land Council (LALC). The subsequent report prepared by the Moama LALC (see Attachment ‘D’) identified that apart from the presence of a midden in the vicinity, there “are no Scar Trees or any other visible Cultural Heritage in the existing site.” Step 5. Further investigations and impact. assessment An AHIP is not required having regard for the Moama LALC report and its recommendations.

Remove all structures and logs within 10 metres of the Midden Site. In consultation with the Moama LALC, install interpretive signs describing the site. Have no part of the walkway for the structure within 18 metres of the nearest Midden site. Have a representative of the Moama LALC present when holes for the anchoring points are dug. In the event any Aboriginal cultural heritage items are unearthed, works shall cease and the Moama LALC contacted for advice on how to proceed.

Land resources Anticipated. There are no known land resources within the site or area. The site is unlikely to be investigated or utilised for extraction of land resources because of the river environment.


21


Infrastructure Anticipated. Potential detriment through increased demand on infrastructure.

The proposal will not require any infrastructure, other than electricity, which can be sourced from the adjoining resort. Effluent disposal will be undertaken from the public pump-out facility on the river near the Echuca-Moama bridge.

Heritage Murray LEP Heritage Schedule Visual inspection

There are no listed or known potential heritage items on the site or within the immediate area.

None required.

Soils Anticipated. Potential detriment through sediment loss during installation of anchor points for the marina. Potential for long term effects of soil erosion and water contamination following completion of the development. Potential detriment to water quality and erosion of banks through increased usage of the river by boats associated with the proposal.

The construction phase of the development will be minor and for a very short period of time. There will be minimal ground disturbance both for installing the anchor points. Soil and water management devices will be installed during the construction phase to control any sediment transfer. Soil and water management devices will remain in place until the site area has been re-established.

Air & microclimate

Anticipated. There will be no impacts on air and climate from either the construction of the development or its subsequent use.

None required.

Flora & fauna Visual inspection of site.

Potential detriment through disturbance of native habitat resulting from increased activity at the site. Potential positive impact through the retention of all existing vegetation at the site.

The environment of the riverfront in the area generally is already compromised through human activities on the river and near the bank. The marina will introduce more people to the site but the low frequency of use is not considered to exacerbate any existing impacts on native fauna. No vegetation requires removal to establish the proposed development.


22


Waste Anticipated. Potential detriment through wastes entering the river from vessels with effluent holding tanks. Potential generation of waste on the river bank at the site from persons utilising the houseboats.

All liquid and hard wastes generated by the commercial vessels is contained on board and removed to an appropriate receptacle within the Moama on Murray Resort at the conclusion of each trip. Hard wastes and recyclables will be removed from the resort by Council’s waste collection service and either processed for recycling or disposed of in an authorised landfill. Effluent is stored within secure tanks on the vessel and either removed at the public pump-out station near the Echuca-Moama bridge approximately four kilometres downstream of the site or utilising the resort’s current trade waste agreement. Hirers of commercial vessels will be briefed on the requirements for waste disposal prior to departure.

Noise Anticipated. Potential detrimental impact caused by noise generated by use of the pontoon and access walkway.

The intermittent use of the pontoon and access walkway means noise impacts will be limited in duration and occurrence. Given the distance between the site and the nearest unrelated dwellings, no detrimental impacts on residential amenity are anticipated.

Natural hazards Murray Shire Bushfire Prone Land Map. Flood Planning Map in MLEP & Chapter 11 of MDCP.

The site is mapped as being within a bushfire hazard area and consequently is considered to have a heightened risk of bushfire. The site is flood prone and rated as “high hazard floodway” in terms of the flood hazard.

As no buildings are proposed as part of the development, no assessment of the bushfire risk is required. That part of the site on top of the bank is only subject to inundation in a major flood event (1 in 10 years). Being a floating structure, the marina would not be affected by, or affect, flooding. The fixed part of the structure on the top of the bank and the anchor points will be constructed so as not to be susceptible to erosion if inundated. Consequently the structure will have no impact on flow or storage of floodwater, or on water quality.

Social impact Anticipated. Potential detriment to nearby residential amenity through increased activity at the site. Potential positive impact through contribution to tourist population and activities in Echuca-Moama.

The nearest residence to the site (unrelated to the resort) is nearly 300 metres away across the river in Victoria. The periodic use of the access walkway and pontoon and the fact that the structure is for persons ‘passing through’ rather than being a destination, means any detrimental social impact is negligible.


23


Economic development

Anticipated. Potential positive impact through increased patronage and the benefits this brings to local business through additional visitor spending.

None required.

Habitat Planning Marina – Moama on Murray Resort, Moama 24

6. Conclusion In conclusion, the proposed marina for the purposes on accommodating riverboats associated with the Moama on Murray Resort deserves the support of Council because:

it is generally consistent with the requirements of the principal planning instrument in Murray Regional Environmental Plan No.2;

it is generally consistent with the requirements of the Murray Local Environmental Plan 2011;

it is generally consistent with the development guidelines expressed in the Murray Development Control Plan 2012;

it is generally consistent with other ancillary planning controls and guidelines;

it will not have any significant negative impacts on the riverine environment; and

it is an appropriate activity within the tourist riverine environment of Echuca-Moama.

Attachment ‘A’ Plans

Attachment ‘B’ Public landowners consent

Letter to Applicant (consent granted)

Our reference: DOC18/210866 LOC No: 599919

Adam Craig Phone: 02 69 37 2705

[email protected]

Department of Industry-Lands and Water PO Box 2185 Dangar NSW 2309

Tel: 1300 886 235 Visit: www.crownland.nsw.gov.au

I & C Nunan Pty Ltd Moama On Murray Resort Moama NSW 2731

8 October 2018

Dear Sir,

Consent for development comprising: 6 Berth Floating Marina on the Murray River

Crown land: Lot 258 DP 726665, Murray River

Reserve: 65391/92698 & Murray River Parish: Moama County: Cadell

Consent is granted by the Minister for Lands and Forestry to the lodgement of applications for approval under the Environmental Planning and Assessment Act 1979, and other associated applications required under other legislation, for the development proposal described above.

The Land Owner Consent is granted conditional to the following:

1. Land Owner Consent will expire after a period of 12 months from the date of this letter if not acted on within that time. Extensions of this consent may be sought

2. You are required to forward a copy of the approval to the NSW Department of Industry - Lands and Water (“the Department”) after approval and prior to commencing works.

3. You are required to ensure that the approval provided is consistent with this Land Owner Consent.

4. You must apply to the Department for authority to occupy the Crown land via a licence. Crown land cannot be occupied prior to this authority being granted.

5. The Land Owner Consent is provided for the works detailed on the plans provided by you and retained by the Department as DOC18/205542.

Land Owner Consent is granted in accordance with the following:

• Land Owner Consent is given without prejudice so that consideration of the proposed development may proceed under the Environmental Planning and Assessment Act 1979 and any other relevant legislation;

• The grant of this Land Owner Consent does not guarantee that any subsequent authority to occupy will be granted;

• Land Owner Consent does not imply the concurrence of the Minister for Lands and Forestry for the proposed development and does not provide authorisation under the Crown Land Management Act 2016 for this proposal;

2 | P a g e

• The issue of Land Owner Consent does not prevent the Department from making any submission commenting on, supporting or opposing an application;

• The Minister reserves the right to issue Land Owner Consent for the lodgement of applications for any other development proposals on the subject land concurrent with this Land Owner Consent;

• Any changes made to the proposal, including those imposed by the consent authority, must be consistent with the Land Owner Consent and therefore if modifications are made to the proposed development details must be provided to the Department for approval;

• Land Owner Consent also allows application to any other approval authority necessary for this development proposal.

This letter should be submitted to the relevant consent or approval authority in conjunction with the development application and/or any other application. You are responsible for identifying and obtaining all other consents, approvals and permits required under NSW and Commonwealth laws from other agencies for the proposed development.

It is important that you understand your obligations relating to Condition 3. If any alterations are made to the application (whether in the course of assessment, by conditions of consent, or otherwise), it is your responsibility to ensure the amended or modified development remains consistent with this Land Owner Consent. If there is any inconsistency or uncertainty you are required to contact the Department before undertaking the development to ensure that the Department consents to the changes. A subsequent LOC application may incur additional application fees.

It is advised that the Department will provide Murray River Council a copy of this Land Owner Consent and will request that Council notify the Department of the subsequent development application, for potential comment, as part of any public notification procedure.

For further information, please contact Adam Craig via the details given in the letter head.

Yours sincerely

Adam Craig Snr. Natural Resource Management Officer Department of Industry – Crown Lands and Water, Griffith & Hay

Attachment A – Location Map

Attachment ‘C’ Public liability certificate

InsuranceHouseABN 33 006 500 072 AFSL 240954

Cnr Darling & High Sts Tel: (03) 5483 1066ECHUCA VIC 3564 Fax: (03) 5482 6020

Email: [email protected]

Please find below details of your renewal. These details are for referencepurposes only and do not limit or modify the actual provisions of your policy. Please refer to your policy document for full details of your cover.

30/11/2017to

30/11/2016From

Period of Cover:

PRPUC248361Policy No:

The Insured: MOAMA ON MURRAY RESORT

CERTAIN UNDERWRITERS AT LLOYDSInsurer:

Liability InsuranceClass of Policy:

MOAMA RESOur Reference:

443342Invoice No:

Invoice Date:

RENEWAL

MOAMA NSW 2731PO BOX 729

MOAMA RESORT PTY LTD

TAX INVOICE

24/11/2016

LONDON

Ashley Byrne on 03 54831030

at 4:00 pm

Should you have any queries in relation to this account,please contact your Account Manager

Page 1 of 3

ABN:

T/AS MOAMA ON MURRAY RESORT

This document is a tax invoice for GST

Details: See attached schedule for a description of the risk(s) insured

$500.00$1,237.50$1,308.50$0.00$85.00$12,500.00

Broker FeeStamp DutyGST

TOTAL

Your Premium:

Premium

(A processing fee applies for Credit Card payments)

F&ES LevyUW Levy

YOUR DUTY OF DISCLOSURE:Before you enter into a Contract of general insurance with an Insurer, you have a duty under the Insurance Contract Act 1984 to disclose to the Insurer every matter that you know, or could reasonably expect to know, is relevant to the Insurer's decision whether to accept the risk and, if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend or reinstate a Contract of general insurance. If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce the liability under the Contract in respect of a claim or may cancel the Contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the Contract from it's beginning.CANCELLATION AND COMPLAINTS:We reserve the right to retain the broker fee and pro-rata commission return on any policy cancellations.Clients who are not fully satisfied with our services should contact our customer relations/complaints officer. We subscribe to the Financial Ombudsman Service (FOS) a free consumer service, and the principles of the Insurance Brokers Code of Practice. Further information is available from our office, or visit www.fos.org.au.

$15,631.00

$0.00AMOUNT DUE

Premium $12,500.00

U'writer Levy $85.00

$0.00

GST $1,308.50

Stamp Duty $1,237.50

Broker Fee $500.00

443342Invoice No:


F&ES Levy

Due Date: 30/11/2016

Insurance House

Schedule of Insurance Page 2 of 3

Class of Policy: Liability Insurance Policy No: PRPUC248361The Insured: MOAMA ON MURRAY RESORT Invoice No: 443342

Our Ref: MOAMA RES

This policy has been placed with

Professional Risk Underwriting Pty LtdABN 80 103 953 073As per postal address

Professional Risk Underwriting Pty Ltd is underwritten by

CERTAIN UNDERWRITERS AT LLOYDSLONDON

PUBLIC & PRODUCTS LIABILITY INSURANCESCHEDULE OF INSURANCE

Policy No: PRPUC248361

Insurance Period: From: 30/11/2016 at 4.00pm local standard time To: 30/11/2017 at 4.00pm local standard time

Insured: Moama On Murray Resort

Insured’s Address: 69 Dungala way, Moama, NSW, 2731

Business: Resort Management, Function Areas, Squiggles Playhouse, Waterpark

Activities including: 2 lawn tennis courts, 2 pool areas, 1 soccer field, 1 cricket pitch and net, 1 basketball backboard, 1 playground, lake, boat ramp, hire bikes, tricycle/pedal cart track, canoes to hire, a jumping pillow, a bush walking track, a farm animal enclosure and hire scooters.

Limit of Indemnity: $10,000,000 per Occurrence in respect of Public Liability and in the Aggregatein respect of Products Liability

Excess: $2,500 any one Occurrence inclusive of costs and expenses

Territory: Worldwide excluding USA and Canada

Interested Party: ANZ Bank

Governing Law: Australia

Notify Claims to: ProRiskLevel 3, 100 Wellington Pde

East Melbourne VIC 3002

Email: [email protected] Fax: 1800 633 073

Policy Wording: ProRisk Public and Products Liability Insurance Policy V05.15

General Advice WarningThis advice has been prepared without taking into account your personal objectives, financial situation or needs. You shouldtherefore consider the appropriateness of the advice, in light of your objectives, financial situation or needs before followingthe advice.


Class of Policy: Liability Insurance Policy No: PRPUC248361The Insured: MOAMA ON MURRAY RESORT Invoice No: 443342

Our Ref: MOAMA RES

Please obtain a copy of, and consider the Product Disclosure Statement (PDS) applicable to the general insurance productbefore making any decision.

InsuranceHouseABN 33 006 500 072 AFSL 240954

Cnr Darling & High Sts Tel: (03) 5483 1066ECHUCA VIC 3564 Fax: (03) 5482 6020


Please find below details of your renewal. These details are for referencepurposes only and do not limit or modify the actual provisions of your policy. Please refer to your policy document for full details of your cover.

30/11/2017to

30/11/2016From

Period of Cover:

COF250687Policy No:

The Insured: MOAMA RESORT PTY LTD T/AS ECHUCA MOAMA HOUSEBOATS

AIG Australia LimitedInsurer:

Marine Hull InsuranceClass of Policy:


440850Invoice No:

Invoice Date:

RENEWAL

MOAMA NSW 2731PO BOX 729

MOAMA RESORT PTY LTD

TAX INVOICE

67 007 483 267

14/11/2016

549 St Kilda Road, MELBOURNE, 3004

Ashley Byrne on 03 54831030

at 4:00 pm

Should you have any queries in relation to this account,please contact your Account Manager

Page 1 of 4

ABN:

T/AS MOAMA ON MURRAY RESORT

This document is a tax invoice for GST

Details: See attached schedule for a description of the risk(s) insured

$100.00$148.50$860.78$0.00$70.00$8,437.80

Broker FeeStamp DutyGST

TOTAL

Your Premium:

Premium

(A processing fee applies for Credit Card payments)

F&ES LevyUW Levy

YOUR DUTY OF DISCLOSURE:Before you enter into a Contract of general insurance with an Insurer, you have a duty under the Insurance Contract Act 1984 to disclose to the Insurer every matter that you know, or could reasonably expect to know, is relevant to the Insurer's decision whether to accept the risk and, if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend or reinstate a Contract of general insurance. If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce the liability under the Contract in respect of a claim or may cancel the Contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the Contract from it's beginning.CANCELLATION AND COMPLAINTS:We reserve the right to retain the broker fee and pro-rata commission return on any policy cancellations.Clients who are not fully satisfied with our services should contact our customer relations/complaints officer. We subscribe to the Financial Ombudsman Service (FOS) a free consumer service, and the principles of the Insurance Brokers Code of Practice. Further information is available from our office, or visit www.fos.org.au.

$9,617.08

$0.00AMOUNT DUE

Premium $8,437.80

U'writer Levy $70.00

$0.00

GST $860.78

Stamp Duty $148.50

Broker Fee $100.00

440850Invoice No:


F&ES Levy

Due Date: 30/11/2016

Insurance House


Class of Policy: Marine Hull Insurance Policy No: COF250687The Insured: MOAMA RESORT PTY LTD T/AS ECHUCA MOAMA

HOUSEBOATSInvoice No: 440850

Our Ref: MOAMA RES

This policy has been placed with

NM Insurance Pty LtdABN 34 100 633 03828-32 GEORGE STREET SANDRINGHAM 3191

NM Insurance Pty Ltd is underwritten by

AIG Australia LimitedABN 67 007 483 267549 St Kilda Road, MELBOURNE, 3004

Insured Echuca Moama Houseboats

Interested Party National Australia Bank ANZ Bank

Period of Insurance 30/11/2016 - 30/11/2017

Boat Details Boat 1 - EM1 24180 Comprehensive - Agreed Value - Houseboat $350,000 incl contents

Motor Honda 135HP S/N BRJ-1004323 Battery 8x Lion 370A/WW Inverter SPMC241 4.5KVA

Riverwater Pump Model HP6S-06T-01 S/N 11293929149 Fresh Water Pump Model SJ3504PC-0 S/N 110904910 Generator Model 9MDKBL-5174F S/N I110245947 Spa CTX280 S/N CTXBA07106646 Spa CTX500 S/N CTX8037117634

Bare Boat Charter 12 passengers No Food/Drink

Boat 2 - EM 24181 Comprehensive - Agreed Value - Houseboat $366,000 incl contents

Motor Honda 135HP S/N BAKJ-1004322 Battery 8 x Lion 370 A/WW Inverter SPMC241 4.5KVA

Motor 2014 Mercury 150HP 4 stroke motor

Riverwater Pump Model HP6S-06T-01 S/N 11293929148 Fresh Water Pump Model SJ3504PC-0 S/N 1108054542 Generator Model 9MDKBL-5174F S/N I110245949 Spa CTX280 S/N CTXBA07106833 Spa CTX500 S/N CTXEB08117633


Boat 3 - 2004 HOME MADE PONTOON BOATHIN: AU-WWA142821HX6




Our Ref: MOAMA RES

Comprehensive - Agreed Value Pontoon $ 45,000 Motor 2005 25 HPMariner OR128083


Boat 4 - IAZ564N 2005 ALLY CRAFT ALUMINIUM 4.75MHIN: AUALY12655A303

Comprehensive - Market Value Runabout $ 16,500 Motor 2005 75HP Honda Outboard S/N:441133

Other Uses No Food/Drink

Boat 5 - 2012 SUNSETTER PONTOON BOAT Comprehensive - Market Value Pontoon $ 73,000 HIN: AV-WWA171357HX3 Motor 2013 Mercury 60HP Serial no: 1C191078

Other Uses No Food/Drink

Boat 6 - Savage Comprehensive - Market Value Runabout $ 1,900 HIN: AU-TRX16229E909 Motor 2004 Yamaha Outboard Motor Serial No: 6H6S001932

Boat 7 - 2016 Houseboat Trailerable 2 berth Aluminium Open Hull Comprehensive Market Value $162,390

Serial no: 24650 Motor: 1. Mercury 40HP Stroke Outboard Serial number IC369983 2. Mercury EFI 4S Serial number 2B209941 MDKBL Onan Generator

Trailer: 2016 Blain Steel Tandem Axle Trailer VIN: 6Y9T2V38F0012055 Registration number: W87198

Interested party: Australia and New Zealand Banking Group Limited

Legal Liability $20,000,000

Basic Liability Personal EffectsExcess 1. $1000 $1000 $200 2. $1000 $1000 $200 3. $500 $500 $200 4. $100 $100 $200 5. $500 $500 $200

Restricted WatersThe cover provided by this policy is restricted to loss or damage while the boat is within the waters defined below and noclaims will be payable for loss or damage under any part of the policy while the boat is outside of the defined area.

Defined Area: River

173 Liability CoverThe liability sum insured shown on your current Certificate of Insurance is the maximum liability amount payable for any oneincident involving one or more of the boats shown on your Certificate of Insurance.




Our Ref: MOAMA RES

251 Transit ExclusionThis policy does not cover you for loss or damage to your boat while it is being transported by road, rail, air or sea-goingvessel. The policy DOES extend to cover loss or damage arising out of occasional slipping, cradling and launching for thepurpose of maintenance and repair.

711 Bareboat CharterThis policy is extended to cover loss or damage to your boat while it is engaged in bareboat charter activities.

811 Passenger Liability - No Food and DrinkThe cover provided by this policy is restricted to a maximum of: Vessel One - 12, Vessel Two - 12, Vessel Three - 6,Vessel Four - 6, Vessel Five - 6, Savage Jabiru - 0 paying passengers per boat and does not extend to coverany liability arising out of the nature, condition or quality of any food or drink sold or supplied.

General Advice WarningIn preparing this information, we are providing you with General Advice. This advice has been prepared without taking into account your personal objectives, financial situation or needs.Accordingly, it is important that you read the policy carefully and ensure that the policy and the exclusions are appropriate foryour needs.Should you wish us to investigate the terms and conditions of the policy and advise on whether they meet your needs, pleaselet us know.

Attachment ‘D’ Local Aboriginal Land Council assessment

_____________________________________________________________ Moama Local Aboriginal Land Council – Sire Survey Report

MLALC: Policy & Procedures SSR 061 Created 23/11/2017 Review 2020 Page 1 of 4

Moama Local Aboriginal Land Council

Site Survey Report

(SSR 061)

Prepared for: Moama On Murray

Name: Damien Nunan

Project: Site Works

Location: 69 Dungula Way Moama, NSW 2731

Prepared by:

Name: Phillip Hudson

Phone: 0354 826071


On Behalf of:

Moama Local Aboriginal Land Council

Phone: 0354826071



_____________________________________________________________ Moama Local Aboriginal Land Council – Site Survey Report


Purpose

The purpose of this site survey report is to provide details on the findings and recommendations relating site surveys conduct at 69 Dungula Way Moama NSW 2731This report is intended for the purpose of informing your organisation of the site survey findings and recommendations as to what future action that Moama LALC believes should be taken in respect to this project. This report is not intended for the purpose of providing your organisation with approval to harm (destroy, deface, or damage) or desecrate an Aboriginal object or Aboriginal place, or in relation to an object, move the object from the land on which is has been situated which is an offence under the National Parks and Wildlife Act 1974.

Background

The Moama LALC was contacted by Damien Nunan on the 26/07/2018 to conduct site survey investigations at 69 Dungula Way NSW 273. This The Moama LALC forwarded Damien Nunan a Sites Work Engagement Letter inclusive of a LALC Sites Work Schedule of Fees. This letter was agreed upon by your organisation and signed off 26/07/2018. A copy of this letter has been attached to this report 28/08/2018 and completed works on 31/07/2018. The following members were involved in the Sites Work Surveys:

Name Title (Position) Date(s) on Site Location(s)

Phillip Hudson Site Officer 31/07/2018 Moama on Murray, 69 Dungula Way Moama NSW 2731

The total sites work costs for the project(s) was $320 plus $500 for this report excluding GST, total cost $820.00 plus GST

Site Work Summary

1. Provide a general description of the landscape and known local history of the area surveyed. Insert maps if available.

2. Provide a general description of the type of investigations conducted (e.g. Walk Overs, Sub Surface Testing, Archeological Survey’s, and Research – Knowledge Holders etc.).

3. Provide a description of any issues, limitations or difficulties that were experienced during the project.



Findings

During the sites work investigation the Moama LALC made the following findings:

Finding #1

Site Discovered Yes

Located by Phillip Hudson

Inspected by Phillip Hudson on 31/07/2018

Type and Details of Site / Possible Site

Shell Midden

Details of any Disturbance / Action

There is no evidence of disturbance, however there is natural erosion.

Site Risks and Required Protective Measures

Removal of picnic tables and the construction of barriers and signage.

Location / GPS

DECCW Notified NO

Site Registered NO

Picture

Further Details Moama Local Aboriginal Land Council 28/08/2018



Recommendation

Evidence Found

Given the findings identified above the Moama LALC has a number of recommendations in relation to those findings as follows:

Finding #1

Recommendation(s) Remove all structures and logs within 10 metres of the Midden Site

Install interpretive signs describing the site

Have no part of the walkway for the structure within 18 metres of the nearest Midden site

Have a representative of the MLALC present on the day that the holes for the structure are dug.

There are no Scar Trees or any other visible Cultural Heritage in the existing site.

DEFINITION OF A SHELL MIDDEN:

Mussel shells are among the most common shells found in Middens. A 'Midden' is an occupation site where Aboriginal people left the remains of their meals. At some sites substantial deposits grew over generations of use of the same area, and some Middens are a few metres deep.

In addition to the above recommendations the Moama LALC is willing to provide a brief training session to those who may be working on the site in order to ensure that they have a nominal understanding of potential Aboriginal objects/places.

Please do not hesitate to contact me if you have any queries regarding the context of this report and I will endeavor to answer them for you. On behalf of Moama LALC, I wish you well with your forthcoming project.

Kind Regards

Moama Local Aboriginal Land Council Phillip Hudson Site Officer

Attachment ‘E’ Application to vary development standards

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WRITTEN APPLICATION PROVIDING GROUNDS FOR VARIATION TO DEVELOPMENT STANDARDS.

Adapted from Appendix 3 of Varying development standards: A Guide August 2011 NSW Department of Planning & Infrastructure

1. What is the name of the environmental planning instrument that applies to the land?

Murray Local Environmental Plan 2011.

2. What is the zoning of the land?

The subject land is zoned as E3 Environmental Management and below the top of the bank W2 Recreational Waterways.

3. What are the objectives of the zone?


• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.


• To protect the ecological, scenic and recreation values of recreational waterways.

• To allow for water-based recreation and related uses.

• To provide for sustainable fishing industries and recreational fishing.

4. What is the development standard being varied? e.g. FSR, height, lot size

Number of moorings.

5. Under what clause is the development standard listed in the environmental planning instrument?

Clause 7.6(4)(c).

6. What are the objectives of the development standard?

The objectives of the standard are:

(a) to manage and maintain the quality of water in the Murray and Wakool Rivers, (b) to protect the environmental values and scenic amenity and cultural heritage of those

rivers, (c) to protect the stability of the bed and banks of those rivers, (d) to limit the impact of structures in or near those rivers on natural riverine processes

and navigability of those rivers.

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7. What is the numeric value of the development standard in the environmental planning instrument?

That the development does not involve, and will not result in, the erection of more than one mooring per lot or per lots owned by the same owner or owners.

8. What is proposed numeric value of the development standard in your development application?

Six moorings.

9. What is the percentage variation (between your proposal and the environmental planning instrument)?

600%.

10. How is strict compliance with the development standard unreasonable or unnecessary in this particular case?

The control is intended to restrict the number of moorings for private use (i.e. landowners with river frontage) and not commercial vessel operations.

It is an accepted practice for commercial vessel operators within the Echuca-Moama area to have more than one mooring to accommodate their fleet.

Chapter 10 of the Murray Development Control Plan (MDCP) includes controls specifically relating to moorings. It is noted that the controls exempt marinas from the ‘one mooring per lot’ standard.

11. How would strict compliance hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act.

For commercial purposes, restricting the number of moorings hinders the “economic welfare of the community” and the “economic use of the land”.

12. Is the development standard a performance based control? Give details.

No.

13. Would strict compliance with the standard, in your particular case, would be unreasonable or unnecessary? Why?

Strict compliance in this instance would be unreasonable or unnecessary because:

• it would be inconsistent with approvals granted to other commercial vessel operators; • there is little difference to the impacts of a single mooring compared to multiple

moorings (i.e. both represents an intrusion to the natural environment of the river and its banks).

• the location is well suited to a multi-mooring facility;

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• it is better to concentrate moorings in one location rather them spread as single moorings along the river; and

• the proposal will consolidate the existing commercial vessel operations associated with the Moama on Murray resort.

14. Are there sufficient environmental planning grounds to justify contravening the development standard? Give details.

The statement of environmental effects accompanying the development application demonstrates that the proposal can be undertaken without any significant environmental impacts. Any impacts can be satisfactorily mitigated.

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WRITTEN APPLICATION PROVIDING GROUNDS FOR VARIATION TO DEVELOPMENT STANDARDS.

Adapted from Appendix 3 of Varying development standards: A Guide August 2011 NSW Department of Planning & Infrastructure

1. What is the name of the environmental planning instrument that applies to the land?

Murray Regional Environmental Plan No.2 – Riverine Land.

2. What is the zoning of the land?

The subject land is zoned as E3 Environmental Management and below the top of the bank W2 Recreational Waterways in Murray Local Environmental Plan 2011 (MLEP).

3. What are the objectives of the zone?


• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.


• To protect the ecological, scenic and recreation values of recreational waterways.

• To allow for water-based recreation and related uses.

• To provide for sustainable fishing industries and recreational fishing.

4. What is the development standard being varied? e.g. FSR, height, lot size

Use of development for ‘short term occupation’ only.

5. Under what clause is the development standard listed in the environmental planning instrument?

Clause 10 and specifically relating to access.

6. What are the objectives of the development standard?

There are no specific objectives relating to the ‘standard’ to be varied. The intent of the ‘standard’ is to prevent houseboats from being used as residences.

The objectives of the EPI are:

(a) to ensure that appropriate consideration is given to development with the potential to adversely affect the riverine environment of the River Murray, and

(b) to establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray, and

(c) to conserve and promote the better management of the natural and cultural heritage values of the riverine environment of the River Murray.

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7. What is the numeric value of the development standard in the environmental planning instrument?

There is no numeric value.

It is noted that the Department of Planning & Environment (DPE) do not regard the specific principles of clause 10 in MREP2 (including that for which variance is sought) as development standards. DPE is the peak statutory planning body in NSW responsible for the preparation and administration of all EPI’s and hence is in the best position to offer advice on interpretation of planning controls.

8. What is proposed numeric value of the development standard in your development application?

No numeric value is proposed.

9. What is the percentage variation (between your proposal and the environmental planning instrument)?

Not applicable.

10. How is strict compliance with the development standard unreasonable or unnecessary in this particular case?

Compliance with the principle alleged to be a ‘standard’ is discretional (‘should’) and not strict or mandatory (‘must’).

The ‘standard’ is intended to restrict development within the river for private purposes and long term occupation of vessels.

The proposal is for a commercial fleet of vessels that are accessible to the public and therefore compliant with the intent.

None of the six moorings are proposed for private non-commercial use.

The development will increase public access to the river.

11. How would strict compliance hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act.

For commercial purposes, restricting the use of moorings hinders the “economic welfare of the community” and the “economic use of the land”.

12. Is the development standard a performance based control? Give details.

No.

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13. Would strict compliance with the standard, in your particular case, would be unreasonable or unnecessary? Why?

Strict compliance in this instance would be unreasonable or unnecessary because:

• it is questionable that a ‘principle’ can be considered a ‘development standard’; • it would be inconsistent with approvals granted to other commercial vessel operators

with mooring structures within the river; • the proposal is for a commercial hire operation and not use of houseboats as residences; • the objectives and planning principles of MREP2 will not be compromised by the

development; • there is no opportunity in the vicinity for commercial vessels to be moored ‘off-river’; • there is no government agency objection to the proposal; • the location is well suited to the proposed facility; and • the proposal will consolidate the existing commercial vessel operations associated with

the Moama on Murray resort.

14. Are there sufficient environmental planning grounds to justify contravening the development standard? Give details.

The statement of environmental effects accompanying the development application demonstrates that the proposal can be undertaken without any significant environmental impacts. Any impacts can be satisfactorily mitigated.

Habitat Planning Suite 1/ 622 Macauley Street Albury NSW 2640 p.02 6021 0662 f.02 6021 0663 [email protected] habitatplanning.com.au

TOWN PLANNING + URBAN DESIGN CONSULTANTS

26 October 2018

Murray River Council P O Box 21 MATHOURA NSW 2710

Attention: Simon Arkinstall, Director Planning, Environment & Economic Development

Dear Simon,

DEVELOPMENT APPLICATION 336/17 69 DUNGULA WAY, MOAMA (MOAMA ON MURRAY RESORT) SMALL MARINA

In accordance with Clause 55 of the Environmental Planning and Assessment Regulation 2000, attached are documents relating to amendments to this development application.

The changes relate to the relocation of the marina approximately 800 metres upstream resulting in the following changes to the application:

• An amended property description.

• An amended application form.

• A revised planning report.

• Amended plans.

• An amended owners consent to reflect the new location.

• An amended report from Moama Local Aboriginal Land Council on the new location.

If you have any queries please contact the undersigned.

Yours faithfully,

Warwick Horsfall

Director

encl Amended plans Amended planning report cc Damien Nunan