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REGONALinglewood Customer Service Centre: i:07)4652 0200 Email: mail@goondiwindirc.qld.gov.auTexas Customer Service Centre: (07) 4653 2600

. .Web: www.goondiwindirc.qld.gov.au

- Facsimile: (07) 467 I 7433

Author: Mrs Ronnie McMahon: EJCEnquiries: (07) 4671 7400File: 13/02W

28 May 2013

John DavorenL Bulmer & CompanyC/- RPMSPO Box 1273GOONDIWINDI QLD 4390

Dear Mr Davoren

Re: AMENDED DECISION NOTICE - MATERIAL CHANGE OF USE"INDUSTRIAL ACTIVITY" - "EXTRACTIVE INDUSTRY"

LOT 35 ON CVN255, FORDS ROAD, GOODAR

We enclose Council's Amended Decision Notice for the abovementioned application. The

Amended Decision Notice has been issued to correct an error on behalf of Council in

omitting the details of a submission received during the public notification period. The

decision regarding the application, made on 22 May 2013, has not changed.

Please note that in accordance with Section 339 (1) (b) of the Sustainable Planning Act

2009 (SPA), this approval takes effect when the submitter's appea1 period (twentybusiness days) ends.

In accordance with section 337 of the SPA, the Assessment Manager may give a copy ofthe Amended Decision Notice to each submitter after the earliest of the following happens:

(a) the applicant gives the assessment manager a written notice stating that the

applicant does not intend to make representations mentioned in section 361(1)(b) the applicant gives the assessment manager notice of the applicant's appeal;(c) the applicant's appeal period ends.

Accordingly, the applicant may hasten the date the approval takes effect by providing theAssessment Manager with written confirmation that they do not intend to make

representations mentioned in section 361(1) of the SPA. Council wil1 then provide the

submitter with a copy of this Amended Decision Notice.

If you would like to discuss this matter further, you are advised to contact Council's

Manager of Planning Services, Mrs Ronnie McMahon on 07 4671 7400.

Yours faithfully

Mr Rod Slack-SmithDIRECTOR ENGINEERING & REGULATORY SERVICES

Copy To: L Bulmer & Company Pty Ltd, r

PO Box 910, GOONDIWINDI QLD 4390 \

Amended Decision Notice approvalsustainable Plann¡ng Act 2009 section334

Council File Reference: 13/02WCouncil Contact: Mrs Ronnie McMahonCouncil Contact Phone: (07) 4671 7400

28 May 2013

Applicant Details L Bulmer & CompanyC/- RPMSPO Box 1273GOONDIWINDi QLD 4390Attn: Mr John Davoren

i acknowledge receipt of the above application on 6 March 2013 and confirm the followingdetails:

Development Application for: Material Change of Use"Industrial Activities" - "Extractive Industry"

(Loam extraction <5,000t pla)Property Description: Fords Road, Goodar

Lot 35 on CVN255

Dear Mr Davoren,

I wish to advise that, on 22 May 2013, the above development application was:

approved in full or;

approved in part for the following or;

approved in full with conditions or;

approved in part for the following, with conditions.

The conditions of this approval are set out in Attachment 1. These conditions are clearly

identified to indicate whether the assessment manager or a concurrence agency imposed

them. AII conditions must be completed before any building approval can be given.

Approval under Section 331 of the SPA

This application O has or has not been "deemed" to be approved under section 331 of the

Sustainable Planning Act 2009 (SPA).

2

&

1. Details of the approval

The following approvals are given:

Development PreliminaryPermit Approval

Making a material change of use assessable underthe planning scheme

2. Submissions

There was one (1) properly made submission about the application.

The name and address of the principal submitter for the properly made submission is as

follows:

Name of principal submitter Address

1. Henry Leonard C/- Leonard & Co, Raine & Horne,

52 Marshall Street, Goondiwindi

Via email: goondiwindi leonardandco.com.au

3. Conflict with a relevant instrument and reasons for decision despite the conflict

The assessment manager does not consider that the assessment manager's decision

conflicts with a relevant instrument.

4. Approved plans

The approved plans and/or documents for this development approval are listed in thefollowing table:

Plan/Document name Date

Amended 'Plan of Gravel Reserve 62,' Parish Waggamba, Prepared by 24 OctoberMark Wren. 2006

Plan amended by Council in red on 23/5/13 to remove the FutureExpansion' area from the approved extraction area

Environmental Management Plan, Deaths Reserve' Extractive Industry, 22 January

prepared by RPMS Regional Consulting Engineers. 2013

3

5. When approval lapses if development not started (SPA section 341)

Please see attached excerpts from the SPA.

341 When approval lapses if development not started

(1) To the extent a development approval is for a material change of use of

premises, the approval lapses if the first change of use under the approval does

not start within the following period (the relevant period)--

(a) 4 years starting the day the approval takes effect.

6. Appeal rights

Appeals by applicants

An applicant for a development application may appeal to the Planning and EnvironmentCourt against the following:

. The refusal, or refusal in part of the development application;

? Any condition of a development approval, another matter stated in a development

approval and the identification or inclusion of a code under section 242 of the SPA;

? The decision to give a preliminary approval when a development permit was appliedfor;

? The length of a period mentioned in section 341; or

? A deemed refusal of the development application.

The timeframes for starting an appeal in the Planning and Environment Court are set out in

section 461(2) of the SPA.

Applicants may also have a right to appeal to the Building and Development DisputeResolution Committee. For more details, see the SPA, Chapter 7, Part 2.

Appeals by submitters

A submitter for a development application may appeal to the Planning and Environment Court

against:

? the part of the approval relating to the assessment manager's decision about any part ofthe application requiring impact assessment

? the part of the approval relating to the assessment manager's decision under section 327.

Details about submitter appeal rights for the Planning and Environment Court are set out in

sections 462, 463 and 464 of the SPA.

Submitters may also have a right to appeal to the Building and Development DisputeResolution Committee. For more details, see the SPA, chapter 7, part 2.

4

Attachment 2 is an extract from the SPA which details the applicant's appeal rights andthe appeal rights of any submitters regarding this decision.

If you wish to discuss this matter further, please contact Council's Manager Planning

Services, Mrs. Ronnie McMahon, on 07 4671 7400.

Yours Sincerely

Mr Rod Slack-SmithDIRECTOR ENGINEERING & REGULATORY SERVICES

5

GoondiwindiREGIONAL

Attachments

Attachment 1 - Assessment Manager's Conditions of the approval

Attachment 2 - Amended 'Plan of Gravel Reserve 62'

Attachment 3 - SPA Extracts

SPA extract on appeal rights

SPA extract on lapse dates

GoondiwindiREGIONAL

Attachment 1 - Assessment Manager's Conditions of the

Approval

Assessment Manager's Conditions

Description: "Industrial Activities" -- "Extractive Industry"

(Loam extraction <5,000t pla)Development: Material Change of Use - Development Permit

Applicant: L Bulmer & Company Pty Ltd C/- RPMS

Address: Fords Road, Goodar

Real Property Description: Lot 35 on CVN255Council File Reference: 13/02W

GENERAL CONDITIONS

1. Approval is granted for the purpose of Material Change of Use for "Industrial Activities"

"Extractive Industry" (Loam extraction less than 5,000t pla).

2. The development shall be generally in accordance with supporting information supplied by

the applicant with the development application including the following :

Title Date

Amended 'Plan of Gravel Reserve 62,' Parish Waggamba, 24 October

Prepared by Mark Wren. 2006

Plan amended in red by Council on 23/05/2013 to remove the

'Future Expansion' area from the approved extraction area.

Environmental Management Plan, 'Deaths Reserve' Extractive 22 January

Industry, prepared by RPMS Regional Consulting Engineers. 2013

Please note that no buildings or structures shall be constructed as part of this approval.

3. All works, including all excavation, loading and unloading shall be carried out within the

'Proposed Quarry' area on Lot 35 on CVN255 noted on the approved plan. This approvaldoes not authorise works to be undertaken within the 'Future Expansion' area identified on

Lot 35 on CVN255 or external to Lot 35 on CVN255.

, 4. This development permit shall remain in place for a period of ten (10) years from the date

of it taking effect.

5. Five (5) warning signs shall be erected as per the plan. "Plan of Gravel Reserve 62,"

Parish Waggamba, Prepared by Mark Wren, dated 24/10/06, to the satisfaction of Council.

8

\

6. Secure barriers are to be provided surrounding excavation pits at all times while the use is

in operation to protect public and worker's health and safety.

.7. Complete and maintain the approved development as follows:

(i) Generally in accordance with development approval documents; and

(ii) Strictly in accordance with those parts of the approved development which have

been specified in detail by the Council or Referral Agency unless the Council or

Referral Agency agrees in writing that those parts will be adequately complied with

by amended specifications.

The development approval documents are the material contained in the development

application, approved plan(s) and suppoding documentation including any written and

electronic correspondence between applicant, Council or Referral Agencies during all

stages of the development application assessment processes.

8. No construction shall take place until detailed design plans of works required by the

conditions of approval have been endorsed by Council.

ESSENTIAL SERVICES

9. No connections to water, sewerage or electricity supply are approved.

10. The site shall be adequately drained and all stormwater shall be disposed of to a legal

discharge point - refer to Schedule 1: Design and Construction Standards.

Any increases in volume, concentration or velocity of stormwater from the property being

developed must be channelled to lawful points of discharge or to other storage or dispersal

arrangements which must all be agreed in writing by the Council, refer to Schedule 1:

Design and Construction Standards.

OPERATIONAL HOURS

11. Excavation works is to be operated only between the hours of 7:00am and 6:00pm.

12. Loading and unloading is to occur only between the hours of:

(a) 8:00am and 6:00pm, Monday to Friday; and

(b) 8:00am and 12:00 (noon) on Saturdays.

13. No works, including extraction, loading or unloading are to occur on Sundays and Public

Holidays.

9

RUBBISH

14. At all times while the use continues, the site shall be kept in a clean and tidy state. Refuse

is to be appropriately disposed off-site.

ROADS AND VEHICLES

15. Vehicles are only to access the site from the Barwon Highway and Fords Road (south).Heavy vehicle transpod movements in the local area associated with the use shall only

occur along Fords Road south of the proposed site and the Barwon Highway.

16. The proposed access road and any areas where vehicles regularly manoeuvre and park

shall be sealed or constructed of suitable alternative material to facilitate all weather

operation - refer to 2006 Planning Scheme for the former Waggamba Shire Council,

Schedule 1: Design and Construction Standards, Division 2: Standards for Roads,

Carparking, Manoeuvring Areas and Access, Section 2.1(1).

17. Vehicle manoeuvring areas must be provided on-site so that all vehicles, including all

heavy vehicles, can enter and leave the site in a forward direction.

EXCAVATION AND FILLING

18. Finished batters of excavated areas shall have a maximum slope of 4:1, for safety of

stock that may enter the unfenced reserve.

19. All excavation works shall be carried out in accordance with the relevant standards - refer

to 2006 Planning Scheme for the former Waggamba Shire Council, Schedule 1: Design

and Construction Standards.

20. All work associated with the development must be carried out in a manner that minimizes

erosion and controls sediment. Best practice soil erosion control techniques shall be used

at the location of all works to be completed on the subject site. Control procedures are to

be established to ensure sediment from the site is not deposited off site.

Control measures must be approved by Councit in place prior to work commencing and .

remain until work is completed - refer to 2006 Planning Scheme for the former Waggamba

Shire Council, Schedule 1: Design and Construction Standards.

LANDSCAPING

21 The vegetated buffer must be maintained with a minimum width of 30 metres

surrounding the development at all times while the use continues, as identified in the

2006 Planning Scheme for the former Waggamba Shire Council, Schedule 3,

10

Landscaping Requirements, Section 3.3 Standard - Vegetated Buffer.

AVOIDING NUISANCE

22. At all times while the use continues, the development shall be conducted in accordance

with the provisions of the Environmental Protection Act 1994 and all relevant regulations

and standards under that Act. All necessary licences under that Act shall be obtained and

shall be maintained at all times while the use continues.

I

23. ' Lighting of the site, including any security lighting, shall be such that the lighting intensity

does not exceed 8.0 lux at a distance of 1.5 metres from the site at any propertyboundary.

24. All lighting shall be directed or shielded so as to ensure that no glare directly affects

nearby properties or the operational safety of the Barwon Highway.

25. At all times while the use continues it shall be operated in such a manner as to ensure that

no nuisance shall arise as a result of dust, noise, night lighting or any other potentiallydetrimental impact.

26. The operator shall be responsible for mitigating any complaints arising from on-site

operations.

REHABILITATION

27. The site is to be progressively rehabilitated while the use continues, including

establishment of batters to excavated areas with a maximum slope of 4:1.

Within twelve (12) months from the date of commencement of the use, a management

plan for the rehabilitation of the site on completion of the use shall be provided for the

approval of Council.

Site rehabilitation is to be undertaken to return the site as closely as possible to its

original state or alternatively to an approved state of public amenity.

NO COST TO COUNCIL

28. The developer is responsible for meeting all costs associated with the approveddevelopment unless there is specific agreement by other parties, including the Council, to

meeting those costs.

11

COMPLIANCE

29. A letter outlining and demonstrating that conditions have been, or will be, complied with

shall be submitted to Council and approved by a relevant Officer of Council prior to

commencement of the use. Council Officers may require a physical inspection to confirmthat all conditions have been satisfied to relevant standards.

30. At its discretion, Council may accept bonds or other securities to ensure completion of

specified development approval conditions or Council may accept cash payments for

Council to undertake the necessary work to ensure completion of specified development

approval conditions.

Council must be notified in writing of the date of the commencement of the use, within 14

31. days of commencement.

This approval will lapse if the use has not commenced within four years of the development

approval date.

I

SCHEDULES

The 2006 Planning Scheme for the former Waggemba Shire Council

Schedule1 - Design and Construction Standards

Schedule Of Design And Construction Standards

1. Schedule 1, Division 2: Standards for Roads, Carparking, Manoeuvring Areas andAccess, Section 2.3(1).(2a),(2b) of the 2006 Planning Scheme of the former

Waggamba Shire Council or in accordance with other relevant engineering'

standards to the satisfaction of Council.

2. Schedule 1, Division 5: Standards for Stormwater Drainage, Section 5.1 of the 2006

Planning Scheme of the former Waggamba Shire Council or on accordance with

other relevant standards to the satisfaction of Council.

3. Schedule 3, Landscaping Requirements, Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7

and 3.8, of the 2006 Planning Scheme of the former Waggamba Shire Council.

NOTES AND ADVICE

This approval in no way removes the duty of care responsibility of the applicant under the

Aboriginal Cultural Heritage Act 2003. Pursuant to Section 23(1) of the Aboriginal Cultural

Heritage Act 2003, a person who carries out an activity must take all reasonab1e and

practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the"cultural heritage duty of care").

12

The Sustainable Planning Act 2009 provides the relevant period in which this application

will lapse if is not acted upon.

The approved development does not authorize any deviation from the applicable Australian

Standards nor from the application of any laws, including laws covering work place health

and safety.

13

GoondiwindiREGIONAL

Attachment 2 - Amended 'Plan of Gravel Reserve 62'

239200 238400 230605 230500 231000

l i

1 RP175647i RP169554

| 34 CVN255

2 AP169554

35 CVN255

35 CVN255

3 RPS8559

O 34 cvN255

. so

I I i I .

I

23o2ee 2sodes ziossa 23eseo znose

GO PLAN OF GRAVEL RESERVE 62

Scale 1:5.000PARISH WAGGAMBA

PREPARED BY MARK WREN 24/10/0E

NRW Forest Products

QueenslandGovernment GDA PLAN OF PROPOSED QUARRY

Obpadnect oi!ÔBluftl Ret0MrCOi 30(l Water WAGGAM6A SHFRELOTS TW BERED AREA

PROPOSED QUARRY

Procuren ny NA Mw Foresi Producia ranniernal use onlyFuture expansson

EXISTING ACADS

NRMw Forest Poucos does not accepi any respons bility wr any BOUNDARY FORDS ROAD

:ess or camaµ resoliina from rettatice on inis inop Na pan of ims CLEAREDAREA

map may no reproduced or copreammaut poor wonen permiss'°" = = PROPOSED EXTRACTION ROAD

copynoi NRuw warest ProcactsRNING SIGNS

GoondiwindiREGIONAL

Attachment 2 - Sustainable Planning Act 2009 Extracts

EXTRACT FROM SUSTAINABLE PLANNING ACT2009RELATING TO APPEAL RIGHTS

461 Appeals by applicants

(1) An applicant for a development application may appeal to the court against any of the

following-

(a) the refusal, or the refusal in part, of a development application;

(b) any condition of the development approval, another matter stated in a development

approval and the identification or inclusion of a code under section 242;

(c) the decision to give a preliminary approval when a development permit was appliedfor;

(d) the length of period mentioned in section 341;

(e) a deemed refusal of the development application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business

days (the "applicant's appeal period") after -

(a) if a decision notice or negotiated decision notice is given - the day the decision

notice or negotiated decision notice is given to the applicant; or

(b) otherwise - the day a decision notice was required to be given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a

decision on the matter should have been made.

462 Appeals by submitters--general

(1) A submitter for a development application may appeal to the court only against--

(a) the pait of the approval relating to the assessment manager's decision about

any part of the application requiring impact assessment under section 314; or

(b) the part of the approval relating to the assessment manager's decision under

section 327.

(2) To the e×tent an appeal may be made under subsection (1), the appeal may be against1 or more of the following-

(a) the giving of a development approval;

(b) any provision of the approval including--

(i) a condition of, or lack of condition for, the approval; or

(ii) the length of a period mentioned in section 341 for the approval.16

(3) However, a submitter may not appeal if the submitter-

(a) withdraws the submission before the application is decided; or

(b) has given the assessment manager a notice under section 339(1)(b)(ii).

(4) The appeal must be started within 20 business days (the submitter's appeal period)after the decision notice or negotiated decision notice is given to the submitter.

464 Appeals by advice agency submitters

(1) Subsection (2) applies if an advice agency, in its response for an application, told the

assessment manager to treat the response as a properly made submission.

(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about-

(a) any part of the approval relating to the assessraent manager's decision about

any part of the application requiring impact assessment under section 314; or

(b) any part of the approval relating to the assessment manager's decision under

section 327.

(3) The appeal must be started within 20 business days after the day the decision notice or

negotiated decision notice is given to the advice agency as a submitter

481 How appeals to the coud are staded

(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the coud applying to

the appeal.

(4) However, the court may hear and decide an appeal even if the person has not

complied with subsection (3).

17

EXTRACT FROM SUSTAINABLE PLANNING ACT2009RELATING TO LAPSE DATES

341 When approval lapses if development not started

(1) To the extent a development approval is for a material change of use of

premises, the approval lapses if the first change of use under the approval does

not start within the following period (the relevant period)-

(a) 4 years starting the day the approval takes effect;

(b) if the approval states a different period from when the approval takes

efect-the stated period.

(2) To the extent a development approval is for reconfiguring a lot, the approval

lapses if a plan for the reconfiguration is not given to the local government within

the following period (also the relevant period)-

(a) for reconfiguration not requiring operational works-2 years stading the

day the approval takes effect;

(b) for reconfiguration requiring operational works-4 years starting the day

the approval takes effect;

(c) if the approval states a different period from when the approval takes

effect-the stated period.

(3) To the extent a development approval is for development other than a material

change of use of premises or reconfiguring a lot, the approval lapses if the

development does not substantially start within the following period (also the

relevant period)-

(a) 2 years starting the day the approval takes effect;

(b) if the approval states a different period from when the approval takes

effect-the stated period.

(4) Despite subsections (1) and (2), if there are 1 or more related approvals for a

development approval mentioned in subsection (1) or (2), the relevant period is

taken to have started on the day the latest related approval takes effect.

(5) If a monetary security has been given in relation to any development approval,

the security must be released if the approval lapses under this section.

(6) The lapsing of a development approval for a material change of use of premises

or reconfiguring a lot does not cause an approval mentioned in subsection (3) to

lapse.

(7) In this section-

related approval, for a development approval for a material change of use of

premises (the earlier approval), means-

18

(a) the first development approval for a development application made to a

local government or private certifier, or first compliance permit for a request

for compliance assessment made to a local government or entity nominated

by a local government, within 2 years of the start of the relevant period, that

IS-

(i) to the extent the earlier approval is a preliminary approval--a

development permit or compliance permit for the material change of

use of premises; or

(ii) to the extent the earlier approval is a development permit or a

preliminary approval for development mentioned in section

242(3)(a)(i) or (ii)-a development permit or compliance permit for

building work or operational work necessary for the material change

of use of premises to take place; and

(b) each further development permit, for a development application made to

a local government or private certifier within 2 years of the day the last

related approval takes effect, that is for building work or operational work

necessary for the material change of use of premises to take place; and

(c) each further compliance permit, for a request for compliance

assessment made to a local government or entity nominated by a local

government within 2 years of the day the last related approval takes efect,

that is for building work or operational work necessary for the material

change of use of premises to take place.

related approval, for a development approval for reconfiguring a lot (also the

earlier approval), means-

(a) the first development permit for a development application made to a

local government, or first compliance permit for a request for compliance

assessment made to a local government or entity nominated by a local

government, within 2 years of the start of the relevant period, that is-

(i) to the extent the earlier approval is a preliminary approval-for

the reconfiguration; or

(ii) to the extent the eadier approval is a development permit for

reconfiguring a lot-for operational work related to the

reconfiguration; and

(b) each further development permit, for a development application made to

a local government within 2 years of the day the last related approval takes

effect, that is for operational work related to the reconfiguration; and

19

(c) each further compliance permit, for a request for compliance

assessment made to a local government or entity nominated by a local

government within 2 years of the day the last related approval takes effect,

that is for operational work related to the reconfiguration.

342 When approval lapses if development started but not completed-general

(1) Subsection (2) applies if-

(a) a condition requires assessable development, or an aspect of

assessable development, to be completed within a particular time; and

(b) the assessable development, or aspect, is started but not completed

within the time.

(2) The approval, to the extent it relates to the assessable development or aspect

not completed, lapses.

(3) However, even though the approval has lapsed, any security paid under a

condition mentioned in section 346(1)(f) may be used in a way stated by the

approval, including, for example, to finish the development.

(4) This section does not apply to a preliminary approval to which section 242

applies.

20