€¦ · PDF copy of all submitted documents and plans. ... accordance with Section 7.3 of the iodiversity onservation Act 2016 [. As the proposal is located on the Murray River,

Hello Chris, Further information as per below: Our Ref: S6796/3E Your Ref: DA 177/18 Mr C O’Brien Town Planner Murray River Council PO Box 21 MATHOURA NSW 2710 [email protected] 17 July 2018 Dear Chris Re: DA 117/18 Development Application for Use of Existing Pontoon and Walkway Structure for purposes of Water Supply System 142 Benarca Forest Road Moama NSW 2731 This letter is in response to Councils request for further information in the email dated 6 July 2018 regarding the above mentioned development application.

‘PDF copy of all submitted documents and plans.’ Please find these documents attached to this email in .pdf format as listed below.

‘A duly completed Application for Development

A Report to Council

Certificate of Title Lot 2 DP1154923 with diagram plan

Certificate of Title Lot 113 DP39915 with diagram plan

Plan of existing conditions with Aerial Photograph

Plan of existing pontoon with photographs Amended Version 2 to show dimensions as requested per Councils request for further information.

‘Please provide a “Test of Significance” in accordance with Section 7.3 of the Biodiversity Conservation Act 2016,’

mailto:[email protected]

Also, please find attached to this email a completed “Test of Significance” report in accordance with Section 7.3 of the ‘Biodiversity Conservation Act 2016’.

‘As the proposal is located on the Murray River, a Due Diligence Assessment completed in accordance with the attached Due Diligence Guide is required. This is to include an AHIMS (Aboriginal Heritage Information Management System) Search of the subject area.’ Please find attached a completed “Due Diligence Assessment” completed in accordance with Section 8 “The Generic Due Diligence Process” of the “Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales.”’

S6796 – Due Diligence Assessment.pdf

AHIMS searches were completed for both Lot 2 DP1154926 and Lot 113 DP39915 as attached.

AHIMS Report 2 DP1154926.pdf

AHIMS Report 113 DP39915.pdf

‘As the proposal is located on the Murray River, an inspection report from the relevant Local Aboriginal Land Council is required.’ The Moama Local Aboriginal Land Council has completed an inspection report of the subject site around the existing pontoon area on 18-7-2018. THIS HAS BEEN REQUESTED TO BE COMPLETED - 12/7/18 The MLALC has not yet completed the inspection report, a copy will be forwarded to Council as soon as available

‘Completed Land Owners consent. The proposed development also applies to Lot 113 DP39915. Council records indicate the current property owners of this allotment are Ivan Andrew Cotchin, Kathryn Faye Cotchin, Peter William Cotchin, and Susan Cotchin. Please complete attached owners consent form (ie. signatures of all owners required).’ As per the submitted Certificate of Title and per the same attached title to this email for Lot 113 DP39915, the land is owned by “The State of New South Wales” and is Crown Land. Cotchins do own the land north of Lot 2 DP1154926 being Lot 1 DP1154926 which also abuts the 20 metre strip known as Lot 113 DP39915 however they do not own this lot. No land owners consent form is completed for this point from the Cotchins, refer below for Land Owners Consent from the NSW Department of Industry – Crown Lands.

‘The proposal relates to works on the main channel of the Murray River. Please advise if Lot 113 DP39915 enjoys Presumptive Title to the middle thread of the River. If Lot 113 DP39915 does enjoy Presumptive Title, please provide confirmation of this from NSW Department of Industry – Crown Lands. It Lot 113 DP39915 does not enjoy Presumptive Title, Land Owners consent from NSW Department of Industry – Crown Lands is required.

A Land Owners Consent form has been submitted to the NSW Department of Industry – Crown Lands for consent of this application.

NO RESPONSE FROM THE DEPARTMENT OF INDUSTRY – CORWN LANDS IS AVAILABLE.

A copy of the response will be forwarded to Council as soon as available.

‘Please provide details of the subject pump (including size of pump, size of water pipe, design of pump, dimensions, etc.).’

Please refer to the enclosed amended Plan of Existing Pontoon Version 2 which now includes sheet 3 “Existing Pontoon and Pump Dimensions” to show these required details.

‘The proposed water supply system traverses Lot 113 DP39915 in order to service Lot 2 DP1154923. Please outline how legal use of Lot 113 DP39915 will be maintained in perpetuity in order for Lot 2 DP1154923 to benefit from the proposed water supply system.’ Lot 113 DP39915 is Crown Land owned by The State of New South Wales. Maintenance in perpetuity will fall to the landowners of Lot 2 DP1154923 (current and future) per creation of a license ever the Crown Land Lot 2 DP39915 for this specific use (water supply per pontoon structure) in the as shown location on the enclosed plans. This will formalise the legal use. The license will be created upon granting of the Development Application DA 177/18 and will be a condition on the Development Application to complete.

Pontoon and Walkway ‘Chapter 10.3 of the Murray DCP 2012 outlines that: “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.”

The submitted application outlines the following regarding this requirement: “The pontoon and walkway is for private use with a water pump associated with Lot 2 DP1154923 being 25.15 ha. Properties north of the land contain existing pumping arrangements and private pontoons and walkways as applicable. The land south of this subject land is Benarca State Forest No 751. The subject land is large and removed from the ability to share the pontoon and walkways with neighbouring properties however the pontoon is needed as part of the water entitlement as to not draw mud and silt through the pumping system.’ Please elaborate on the submitted detail as to why Council should vary this requirement and permit a pontoon and walkway for a water pump to service an allotment used for extensive agriculture (as outlined in submitted report) with a total size of 25.15 ha.

The subject land at Lot 2 DP1154923 has an existing water license to extract water for agricultural use from the Murray River. The existing pump and pontoon structure was installed previously to allow for this water supply and agricultural use to commence and become viable on the land. The pontoon structure is require for the overall supply of water so as to elevate the pipe above the riverbank (attached to the underside of the walkway) to prevent environmental damage or erosion. The end of the pipe is to float in the water just below the surface as fixed to the pontoon, this prevents the suction point of the pipe from sinking to the riverbed and causing detrimental effect on the riverbed by disturbance to the silt layer or native flora and fauna. This also reduces the silt and mud build up in the pumping system preventing damage to the pump and pipes and drastically reduces maintenance. As explained in the application, the abutting land to the south is Benarca State Forest No. 751, there is no pontoon structure to utilise for this subject lands pump, the property abutting to the north has a water pumping structure in the Murray River however is unavailable to the subject land. Detrimental damage to the environment including vegetation removal, trenching over 100 metres of the river bank is an unnecessary risk to flora and fauna. Currently the land is not used for agricultural practices though has been in the past for stock grazing though in small scale. The landowner wishes to grow feed on the land to increase this past use of stock grazing, the water supply allows for water of feed grown on the land to sustain a high quality of stock output. The land is only 25.15 ha total area per this application, however the agricultural use will extend over Lot 3 DP1135091 in the same ownership though less extensive due to natural bushland and habitats and the inability to water the land. Without the water pump and pontoon structure on agricultural use cannot be restarted on the land. Council should consider a variance in the requirement at Chapter 10.3 of the Murray DCP 2012 as outlined above to keep viable agricultural land within the states agricultural base and not exclude it as would happen upon rejection of the Development Application.

‘Please outline how the proposal complies with the following objectives of Murray DCP 2012 Chapter 10.3:

To restrict floating pontoons, walkways and jetties on Rivers in Murray (River Council) Shire.

To preserve the riverine environment from unsightly, artificial structures that have a detrimental effect on the ecological river system.’

The subject pontoon is designed with high consideration toward the environment. The steel frame of the structure is painted grey to blend with the natural shadowing of the vista.

Stained timber planks line the landing, walkway and pontoon utilising the colouring of surrounding wood and vegetation, the overall design is not unsightly to the environment. This artificial structure as explained at length does not have a detrimental effect on the ecological river system with the structure hinged to the top of the river bank allows for the walkway and pontoon to float above the river bank and on the surface of the water. No contact with the river bank or bed equals to detrimental effect to the ecological river system. No vegetation was removed to install the pontoon at the time, nor is vegetation required to the removed per this application. Public users of the waterway will not be affected by the pontoon or visa versa.

‘Please provide dimensioned plans of the subject pontoon and walkway, and landing and control panel.’ Please refer to the enclosed amended Plan of Existing Pontoon Version 2 which now includes Sheet 3 “Existing Pontoon and Pump Dimensions” to show these required details.

‘The submitted documents appear to show the subject pontoon and walkway is of a significant size. Please outline why a pontoon and walkway of this size is required for the use of a water pump to service a property with total area of 25.15 ha.’

The pontoon structure is primarily used for water extraction from the Murray River. The walkway is 0.90m wide to provide pedestrian access to the pontoon for any required maintenance or cleaning required for the water pipe and is 15.80m long to ensure at low river levels the walkway stays clear of the high river bank and the pontoon does not sink into the silt or mud of the river bed. The pontoon is 5m x 3.30m to allow for pedestrian recreation i.e. fishing, canoeing, a place to sit and enjoy the river vista and environment as requested by the landowners.

Yours faithfully

Mark Langenbacher Licensed Surveyor (Vic) Registered Surveyor (NSW)

Cheers

From: Christopher O'Brien [mailto:[email protected]] Sent: Friday, 6 July 2018 12:37 PM To: Subject: Murray River Council DA 177/18 Acknowledgement and request for further information DA 177/18 6 July 2018 Mr Mark Langenbacher Planright Surveying Dear Sir RE: Development Application for use of existing pontoon and walkway structure previously

constructed without required development consent, for purposes of water supply system Owner: J Daniher, and P W & K F & I A & S Cotchin

Property Address: 142 Benarca Forest Road, MOAMA NSW 2731 Reference is made to the above. Apologies for the late reply. Murray River Council acknowledges the receipt of your development application and has issued the application with the development application number of 177/18. This email is your receipt of submission to Council. Prior to Council determining the application, the following information is required:

· PDF Copy of all submitted documents and plans.

· Please provide a ‘Test of Significance’ in accordance with Section 7.3 of the

Biodiversity Conservation Act 2016, available:

https://www.legislation.nsw.gov.au/#/view/act/2016/63/part7/div1/sec7.3. See Section

7.3 below:

(1) The following is to be taken into account for the purposes of determining whether a proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats:

mailto:[email protected]

https://www.legislation.nsw.gov.au/#/view/act/2016/63/part7/div1/sec7.3

(a) in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, (b) in the case of an endangered ecological community or critically endangered ecological

community, whether the proposed development or activity: (i) is likely to have an adverse effect on the extent of the ecological community such that its

local occurrence is likely to be placed at risk of extinction, or (ii) is likely to substantially and adversely modify the composition of the ecological

community such that its local occurrence is likely to be placed at risk of extinction, (c) in relation to the habitat of a threatened species or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the proposed

development or activity, and (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of

habitat as a result of the proposed development or activity, and (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the

long-term survival of the species or ecological community in the locality, (d) whether the proposed development or activity is likely to have an adverse effect on any

declared area of outstanding biodiversity value (either directly or indirectly), (e) whether the proposed development or activity is or is part of a key threatening process or

is likely to increase the impact of a key threatening process.

· As the proposal is located on the Murray River, a Due Diligence Assessment completed

in accordance with the attached Due Diligence Guide is required. This is to include an

AHIMS (Aboriginal Heritage Information Management System) Search of the subject

area. Please see

http://www.environment.nsw.gov.au/licences/AboriginalHeritageInformationManage

mentSystem.htm for more information.

· As the proposal is located on the Murray River, an inspection report from the relevant

Local Aboriginal Land Council is required. Please see contact details below to

arrange a site inspection with this authority:

Moama Local Aboriginal Land Council

· Completed Land Owners consent. The proposed development also applies to Lot 113

DP 39915. Council records indicate the current property owners of this allotment are

Ivan Andrew Cotchin, Kathryn Faye Cotchin, Peter William Cotchin, and Susan

Cotchin. Please complete attached owners consent form (i.e. signatures of all owners

required).

· The proposal relates to works on the main channel of the Murray River. Please advise if

Lot 113 DP 39915 enjoys Presumptive Title to the middle thread of the River. If Lot

113 DP 39915 does enjoy Presumptive Title, please provide confirmation of this from

NSW Department of Industry – Crown Lands. If Lot 113 DP 39915 does not enjoy

Presumptive Title, Land Owners consent from NSW Department of Industry – Crown

Lands is required. Please contact NSW Department of Industry – Crown Lands for

more information.

· Please provide details of the subject pump (including size of pump, size of water pipe,

design of pump, dimensions etc.).

http://www.environment.nsw.gov.au/licences/AboriginalHeritageInformationManagementSystem.htm


· The proposed water supply system traverses Lot 113 DP 39915 in order to service Lot 2

DP 1154923. Please outline how legal use of Lot 113 DP 39915 will be maintained in

perpetuity in order for Lot 2 DP 1154923 to benefit from the proposed water supply

system.

Pontoon and walkway

Chapter 10.3 of the Murray DCP 2012 outlines that:

“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”.

· The submitted application outlines the following regarding this requirement: “The pontoon and walkway is for private use with a water pump associated with Lot 2 DP1154923 being 25.15ha. Properties north of the land contain existing pumping arrangements and private pontoons and walkways as applicable. The land south of this subject land is Benarca State Forest No 751. The subject land is large and removed from the ability to share the pontoon and walkways with neighbouring properties however the pontoon is needed as part of the water entitlement as to not draw mud and silt through the pumping system”.

· Please elaborate on the submitted detail as to why Council should vary this requirement

and permit a pontoon and walkway for a water pump to service an allotment used for

extensive agriculture (as outlined in submitted report) with a total size of 25.15ha.

· Please outline how the proposal complies with the following objectives of Murray DCP

2012 Chapter 10.3:

To restrict floating pontoons, walkways and jetties on Rivers in Murray (River Council) Shire.

To preserve the riverine environment from unsightly, artificial structures that have a detrimental affect on the ecological river system.

Please provide dimensioned plans of the subject pontoon and walkway,

and landing and control panel.

The submitted documents appear to show the subject pontoon and

walkway is of a significant size. Please outline why a pontoon and

walkway of this size is required for the use of a water pump to service a

property with total area of 25.15ha.

AHIMS Web Services (AWS)Search Result Purchase Order/Reference : S6796

Client Service ID : 356322

Date: 09 July 2018Planright Surveying - Echuca

21 Nish Street

Echuca Victoria Victoria 3564

Dear Sir or Madam:

AHIMS Web Service search for the following area at Lot : 2, DP:DP1154923 with a Buffer of 50 meters,

conducted by Adam Thompson on 09 July 2018.

Email: [email protected]

Attention: Adam Thompson

The context area of your search is shown in the map below. Please note that the map does not accurately

display the exact boundaries of the search as defined in the paragraph above. The map is to be used for

general reference purposes only.

A search of the Office of the Environment and Heritage AHIMS Web Services (Aboriginal Heritage Information

Management System) has shown that:

0

0

Aboriginal sites are recorded in or near the above location.

Aboriginal places have been declared in or near the above location. *

If your search shows Aboriginal sites or places what should you do?

Important information about your AHIMS search

You can get further information about Aboriginal places by looking at the gazettal notice that declared it.

Aboriginal places gazetted after 2001 are available on the NSW Government Gazette

(http://www.nsw.gov.au/gazette) website. Gazettal notices published prior to 2001 can be obtained from

Office of Environment and Heritage's Aboriginal Heritage Information Unit upon request

Aboriginal objects are protected under the National Parks and Wildlife Act 1974 even if they are not recorded

as a site on AHIMS.

You must do an extensive search if AHIMS has shown that there are Aboriginal sites or places recorded in the

search area.

If you are checking AHIMS as a part of your due diligence, refer to the next steps of the Due Diligence Code of

practice.

AHIMS records information about Aboriginal sites that have been provided to Office of Environment and

Heritage and Aboriginal places that have been declared by the Minister;

Information recorded on AHIMS may vary in its accuracy and may not be up to date .Location details are

recorded as grid references and it is important to note that there may be errors or omissions in these

recordings,

Some parts of New South Wales have not been investigated in detail and there may be fewer records of

Aboriginal sites in those areas. These areas may contain Aboriginal sites which are not recorded on AHIMS.

This search can form part of your due diligence and remains valid for 12 months.

The information derived from the AHIMS search is only to be used for the purpose for which it was requested.

It is not be made available to the public.

3 Marist Place, Parramatta NSW 2150

Locked Bag 5020 Parramatta NSW 2220

Tel: (02) 9585 6380 Fax: (02) 9873 8599

ABN 30 841 387 271


Web: www.environment.nsw.gov.au

Copyright © Office of the Registrar-General 2018 Received: 10/05/2018 09:17:05

Title SearchInformation Provided ThroughRudov & Associates P/L

Ph. 0413 161 611 Fax.

NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH -----------------------------------------------------

FOLIO: 113/39915 ------

SEARCH DATE TIME EDITION NO DATE ----------- ---- ---------- ---- 10/5/2018 9:17 AM - -

CERTIFICATE OF TITLE HAS NOT ISSUED

LAND ---- LOT 113 IN DEPOSITED PLAN 39915 AT MOAMA LOCAL GOVERNMENT AREA MURRAY RIVER PARISH OF BENARCA COUNTY OF CADELL TITLE DIAGRAM DP39915

FIRST SCHEDULE -------------- THE STATE OF NEW SOUTH WALES (CA134420)

SECOND SCHEDULE (2 NOTIFICATIONS) --------------- * 1 THE LAND IS A RESERVE WITHIN THE MEANING OF PART 5 OF THE CROWN LANDS ACT 1989 AND THERE ARE RESTRICTIONS ON TRANSFER AND OTHER DEALINGS IN THE LAND UNDER THAT ACT, WHICH MAY REQUIRE CONSENT OF THE MINISTER. * 2 LIMITED TITLE. LIMITATION PURSUANT TO SECTION 28T(4) OF THE REAL PROPERTY ACT, 1900. THE BOUNDARIES OF THE LAND COMPRISED HEREIN HAVE NOT BEEN INVESTIGATED BY THE REGISTRAR GENERAL.

NOTATIONS ---------

UNREGISTERED DEALINGS: NIL

*** END OF SEARCH ***

S6796 PRINTED ON 10/5/2018

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formallyrecorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by theRegistrar General in accordance with Section 96B(2) of the Real Property Act 1900.

Planright Surveying, Echuca

_______________________________________________________________________

REPORT “Proposed 2 Lot Re-Subdivision”

Parish of Tongala, 1012 Henderson Road, Tongala O:\Office\REPORT\S6796-Test of Significance-ML.doc

1

S6796

TEST OF SIGNIFICANCE

In accordance with Section 7.3 of the ‘Biodiversity Conservation Act 2016’

142 Benarca Forest Road

Moama NSW 2731

Lot 2 DP1154923 & Lot 113 DP39915

‘Test for determining whether proposed development or activity likely to significantly

affect threatened species or ecological communities, or their habitats.

7.3 Test for determining whether proposed development or activity likely to

significantly affect threatened species or ecological communities, or their habitats.’

1) ‘The following is to be taken into account for the purposes of determining whether a

proposed development or activity is likely to significantly affect threatened species or

ecological communities, or their habitats:

a) in the case of a threatened species, whether the proposed development or activity

is likely to have an adverse effect on the life cycle of the species such that a viable

local population of the species is likely to be placed at risk of extinction,’

There is to be no effect to the lifecycle of any localized threatened species. The

pontoon for the subject land is existing as it the associated water pump and all

required pipes (in ground and above ground). The application DA177/18

proposes the lawful use of the pontoon and pump system for water extraction

from the Murray River in conjunction with an existing thus not posing adverse

effect on any (if existing) threatened species.

The pontoon is anchored to the high bank of the Murray River by a 1m x 1m

square footing being the only location it interacts with the land being the highest

location. The walkway of the pontoon hovers over the bank connected to the

footing at the high bank providing access to the pontoon landing which floats on


_______________________________________________________________________



2

the surface of the water near the rivers edge without touching the riverbed. The

floating landing offers shading and protection to aquatic life underneath being a

positive effect to localized species.

The purpose of the pontoon is to float the water supply pipe above the river bank

from the landing so it does not need to be trenched underground nor sit on the

surface of the bank causing erosion effect, and to float the end of the pipe in the

river for clean water collection for the agricultural use on the subject land and not

disturb or extract mud, silt and debris from the bed of the river.

b) ‘in the case of an endangered ecological community or critically endangered

ecological community, whether the proposed development or activity:

i) is likely to have an adverse effect on the extent of the ecological community

such that its local occurrence is likely to be placed at risk of extinction, or

ii) is likely to substantially and adversely modify the composition of the

ecological community such that its local occurrence is likely to be placed at

risk of extinction,’

The proposal for use of an existing structure does not pose adverse effect.

The extent of the ecological community, nor does it substantially or adversely

modify the composition of the ecological community whether it be

endangered or critically endangered. The local occurrence (if any) is not

placed at risk of extinction.

c) ‘in relation to the habitat of a threatened species or ecological community:

i) is likely to be removed or modified as a result of the proposed development or

activity, and’

No habitat is removed or modified per existing or future use of the existing

pontoon. No vegetation removal is or was required during construction or use

of the pontoon.

ii) ‘whether an area of habitat is likely to become fragmented or isolated from

other areas of habitat as a result of the proposed development or activity,

and’

No. By design of the floating landing, and suspended walkway anchored to

the high bank of the Murray River by a 1m x 1m footing, the pontoon allows

for free flow and access beneath and around all of the structure by habitat and

local species with no effect or disturbance to the bank or bed of the waterway.


_______________________________________________________________________



3

iii) ‘the importance of the habitat to be removed, modified, fragmented or

isolated to the long-term survival of the species or ecological community in

the locality,’

Not applicable. No habitat is removed, modified, fragmented or isolated per

the existing and proposed use.

d) ‘whether the proposed development or activity is likely to have an adverse effect

on any declared area of outstanding biodiversity value (either directly or

indirectly),’

The Murray River is a declared area of outstanding biodiversity value. However

the proposal in DA177/18 is not likely to have adverse effect on the area due to

being existing and considerate design factors either directly or indirectly.

e) ‘whether the proposed development or activity is or is part of a key threatening

process or is likely to increase the impact of a key threatening process.’

No. The structure and development is existing. This proposal is for legal use of

the pump and pontoon for licensed water extraction from the Murray River for

agricultural use on the subject land. No key threatening processes are involved

with this proposal.

2) ‘The Minister may, by order published in the Gazette with the concurrence of the

Minister for Planning, issue guidelines relating to the determination of whether a

proposed development or activity is likely to significantly affect threatened species or

ecological communities, or their habitats. Any such guidelines may include

consideration of the implementation of strategies under the Biodiversity

Conservation Program.’


_______________________________________________________________________

REPORT “Application for Pontoon”

142 Benarca Forest Road, Moama O:\Office\REPORT\S6796-Pontoon-142 Benarca Forest Rd.doc

S6796

REPORT

APPLICATION FOR PONTOON ASSOCIATED WITH EXISTING WATER

ENTITLEMENT & EXISTING WATER PUMP

142 BENARCA FOREST ROAD, MOAMA NSW 2731

LOT 2 DP1154923

LOT 113 DP39915

BACKGROUND

This application is for the lawful installation of a pontoon structure along the northern

bank of the Murray River associated with the existing water entitlement and water pump

on the above mentioned land.

The structure is fixed on high land above the river bank. The ramp is joined to a floating

pontoon in the river. The pontoon supports the water intake so that it does not get fouled

with mud or other debris.

The Murray River Council have notified the landowner with an ‘Intention to Serve an

Order’ under Section 121H of the Environmental Planning and Assessment Act 1979 on

the 15th

February 2018 as below:

Order 2 Section 121B of the Act

1. To demolish or remove a building (Pontoon & Walkway as detailed in Schedule

1) on Lot 113 DP39915, and

2. To restore the “Premises” to the condition it was prior to the erection or

construction of the associated infrastructure (as detailed in Schedule 1)

including, but not limited to, removing all associated building materials and/or

infrastructure supporting and servicing the premises.

Representation has been made to Des Bilske, General Manager within the prescribed

fourteen (14) day expiry of the date of the notice by myself on 28 February 2018.

The landowner only purchased the land in July 2017 with many improvements already

existing. The pontoon has been installed to assist with pumping the water entitlement

from the river. The property has a water entitlement and the landowner was unaware that

a separate permit was required to install the pontoon.

The pontoon is for private use associated with the land. It is located on a safe section of

river with good visibility in both directions and along a straight section of river not on a

substantial outer bend. It has good private vehicular and pedestrian access. The bank is


_______________________________________________________________________



very stable and relatively low.

Pontoons are defined in the Murray Development Plan 2012 (DCP) under Chapter 10

Watercourses & Riparian Land specifically in 10.3 Pontoons & Walkways.

The overall purpose of Chapter 10 of the DCP is to provide controls for development and

to minimise environmental impacts on land within or adjacent to a watercourse.

The chapter applies to land:

mapped as “riparian land and waterways” on the Watercourse Map of the LEP

being generally the bed and banks of a watercourse (Note whilst the boundary of

the mapped “riparian land and waterway” may not align with the actual

watercourse they should be regarded as one of the same for the purposes of

applying this chapter of the DCP);

within 40 metres of the “top of the bank” of a watercourse identified as a

“riparian land and waterway” on the Watercourse Map of the LEP (Note whilst

the boundary of the mapped “riparian land and waterway” may not align with

the actual “top of the bank” they should be regarded as one of the same for the

purposes of applying this chapter of the DCP);

within 40 metres of the “top of the bank” of the Murray, Edward and Wakool

rivers in the RU5, R1, R2, R5, SP3 and B2 zones of the LEP; and

within 100 metres of the “top of the bank” of the Murray, Edward and Wakool

rivers in the RU1, RU3 and E3 zones of the LEP.

The siting of the existing pontoon is on Lot 113 DP39915 Crown Land and is identified

as ‘riparian land and waterways’ on the Watercourse Map 003 of the LEP.

The existing pontoon is constructed on the ‘top of bank’ of the Murray River and abuts

Lot 2 DP1154923 which is zoned RU1 Primary Production.

Development Control Plan 2012 Chapter 10 is aligned with the definitions and controls

expressed in Section 7.4, 7.5 and 7.6 of the Murray Local Environmental Plan 2011

(LEP) relating to development in ‘river front areas’, ‘ riparian land’ and ‘river bed and

banks of the Murray and Wakool Rivers’.

DCP 10.3 PONTOONS & WALKWAYS

Objectives

To restrict floating pontoons, walkways and jetties on Rivers in Murray Shire.

To preserve the riverine environment from unsightly, artificial structures that

have a detrimental affect on the ecological river system.

To ensure river structures do not impact on river traffic safety.

Controls


_______________________________________________________________________



Pontoons, walkways and jetties for private recreational use are not permitted.

The existing pontoon and walkway is not for recreational use. Its purpose is for

water pipe control, safety and maintenance in conjunction with the existing water

entitlement for Lot 2 DP1154923.

Pontoons and walkways will be assessed on their merits where they are

fundamental and ancillary to large scale tourist developments.

The existing pontoon and walkway is for private use and not associated with

large scale tourist development.

Pontoons and walkways may still be permissible within private

waterways/marinas and to provide safe access to approved mooring sites.

Location of the pontoon and walkway is external to private waterways or

marinas, siting is along the New South Wales bank of the Murray River which is

zoned W2 Recreational Waterway.

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.

The pontoon and walkway is for private use with a water pump associated with

Lot 2 DP1154923 being 25.15ha.

Properties north of the land contain existing pumping arrangements and private

pontoons and walkways as applicable. The land south of this subject land is

Benarca State Forest No 751.

The subject land is large and removed from the ability to share the pontoon and

walkways with neighbouring properties however the pontoon is needed as part of

the water entitlement as to not draw mud and silt through the pumping system.

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.

The existing walkway and pontoon is hinged off the top of bank by an anchored

landing as can be seen on the enclosed plans submitted with this application. This

hinging system allows for the structure to rise and fall with the River Water

levels. Further, a tether point from the pontoon to a dead tree trunk on the high

bank stabilises the pontoon in the river to minimise horizontal movement caused

by river currents.

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.


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Works are existing. Soil and vegetation disturbance would have been minimal as

there is no evident erosion or damage to the river bank from the pontoons

installation. Use of the pontoon and walkway for pipeline access to the Murray

River will not cause additional erosion or the entry of sediments into the

waterway.

Pontoons and walkways are to be fitted with reflective markers for the purposes

of river navigation.

Currently the pontoon and walkway have no reflective markers. These can easily

be installed upon granting of a Development Application Installation.

ASSESSMENT AGAINST ‘MURAY LOCAL ENVIRONMENTAL PLAN 2011 –

PART 7 ADDITIONAL LOCAL PROVISIONS’

Clause 7.4 Development on River Front Areas

(1) The objectives of this clause are as follows:

(a) to support natural riverine processes, including the migration of the Murray and

Wakool Rivers’ channels,

The existing pontoon structure does not impede the migration of the Murray River.

The pontoon is above water and floats on the surface allowing water, fauna and

debris free passage underneath.

(b) to protect and improve the bed and bank stability of those rivers,

Installation of the structure and use of it by the water supply pipe has no effect on the

river bed or bank. By using the pontoon and walkway to support the pipe no part of

the system interacts with the ground thus protecting the stability of the bed and bank.

(c) to maintain and improve the water quality of those rivers,

N/A. The pontoon and walkway have no impact on water quality, which is

maintained.

(d) to protect the amenity, scenic landscape values and cultural heritage of those rivers

and to protect public access to their riverine corridors,

Colouring and style of the structure are not obtrusive to the amenity, scenic

landscape values or cultural heritage of the river. With the intention to blend with the

landscape using dark grey colours and wooden decking the pontoon and walkway fit

with all surroundings. Public access is not hindered to the riverine corridor by the

pontoon.

(e) to conserve and protect the riverine corridors of those rivers, including wildlife

habitat.


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No vegetation removal was required, the pontoon floats on the surface of the river,

wildlife habitats are undisturbed and protected.

(2) Despite any other provision of this Plan, development consent may only be granted to

development on land in a river front area for the following purposes:

(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 and recreation areas,

(f) water recreation structures.

The pontoon and walkway are associated with the existing water entitlement of the

land which is provided via the pump and pipe from the Murray River. The land is

used for extensive agriculture and zoned R1 Primary Production, thus the application

can be categorized within (d) above.

(3) Development consent must not be granted under subclause (2) unless the consent

authority is satisfied of the following:

(a) that the appearance of the development, from both the river concerned and the river

front area, will be compatible with the surrounding area,

Use of dark grey painted steel and natural stained timber to construct the pontoon

and walkway blend with the natural landscape. The structures appearance is

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,

Not applicable. The pontoon floats on the surface of the river, the walkway does not

interact with the river bank. No pollution or siltation of the river will be created by

this structure. Nor will there be any adverse effect on surrounding uses, habitats,

wetlands, flora or fauna habitats or drainage patterns.

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

landscape,

Yes, colouring and style of the structure have been chosen to minimise visual

disturbance to the existing landscape.


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(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,

The pontoon, walkway and hinged landing do not impede on public access or

opportunities. The structure is not privately fenced beyond the title boundary of Lot

2 DP1154923.

(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.

Not applicable.

Clause 7.5 Riparian land and Murray River and other watercourses—general

principles

(1) The objective of this clause is to protect and maintain the following:

(a) water quality within the Murray and Wakool Rivers and other watercourses,

(b) the stability of the bed and banks of those rivers and other watercourses,

(c) aquatic riparian habitats,

(d) ecological processes within those rivers and other watercourses and riparian areas.

As outlined within clause 7.4 (1) of this report.

With a floating pontoon aquatic riparian habitats are also protected from disturbance.

(2) This clause applies to land:

(a) identified as “Riparian Land and Waterways” on the Watercourse Map, and

(b) situated within 40 metres of the top of the bank of a watercourse (being a

watercourse situated on land referred to in paragraph (a)).

The pontoon location is identified as ‘Riparian Land and Waterways’ on

Watercourse Map 003 of the Murray LEP and is located along the top of bank thus

being within 40 metres of the watercourse.

(3) Before determining a development application to carry out development on land to

which this clause applies, the consent authority must 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,

Not applicable.

(ii) aquatic and riparian species, habitats and ecosystems,

Not applicable.

https://www.legislation.nsw.gov.au/#/view/EPI/2011/682/maps


_______________________________________________________________________



(iii) the stability of the bed, shore and banks of a watercourse,

Not applicable.

(iv) the free passage of fish and other aquatic organisms within or along a

watercourse,

Not applicable.

(v) any future rehabilitation of a watercourse and riparian areas, and

Not applicable.

(b) will increase water extraction from a watercourse.

The purpose of the pontoon structure is to assist with a water entitlement on the land.

Water extraction is permitted per that entitlement.

(4) Development consent must not be granted to development on land to which this clause

applies unless the consent authority is satisfied that:

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

adverse environmental impact, or

The existing pontoon and walkway is designed to minimally impact the environment

both physically and visually. It is sited so that no disturbance to the environment and

habitat occurs. It will be managed and maintained to avoid any significant adverse

environmental impacts.

(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

Not applicable.

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

that impact.

Not applicable.

Clause 7.6 Additional provisions—development on river bed and banks of the Murray

and Wakool Rivers

(1) The objectives of this clause are as follows:

(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.

As outlined previously in Clause 7.4 and 7.5 of this report.

(2) This clause applies to land comprising the bed of the Murray or Wakool River and up to

the top of the bank of that River.

The pontoon structure is located on the high land behind of the top of bank and extends

over the bank from the top to the water level by suspended walkway to a pontoon

floating on the surface of the Murray River. The bed and face of river bank are

unaffected by this pontoon.

(3) Development consent must not be granted to any development on land to which this

clause applies unless the consent authority is satisfied of the following:

(a) that the development is likely to contribute to achieving the objectives of the zone in

which the land is located,

As detailed in the zoning part of this report.

(b) that the development will not increase erosion,

With no modification or works on the face of the river bank, erosion risk is

minimised.

(c) that the development is not likely to cause an adverse effect on riverine habitat or

flora or fauna habitats,

Not applicable. Previously detailed.

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

Not applicable.

(4) Development consent must not be granted for the erection of a structure on land to which

this clause applies unless the consent authority is satisfied of the following:

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

Wakool River,

The location of the pontoon is on a straight section of the river approximately 200

metres downstream of an inside bend and 200m upstream of an outside bend.

(b) that the appearance of the proposed structure, from both that River and any adjacent

land, will be compatible with the surrounding area,

As detailed earlier, the structure is designed to complement the surrounding area

with use of colouring and timber decking.


_______________________________________________________________________



(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.

This application is not for a mooring. The pontoon is for irrigation purposes. Not

applicable.

(5) This clause is in addition to clause 7.5 and prevails to the extent of any inconsistency

with that clause.

ASSESSMENT AGAINST MURRAY LOCAL ENVIRONMENTAL PLAN 2011 –

ZONE RU1 PRIMARY PRODUCTION

Objectives of zone

“To encourage sustainable primary industry production by maintaining and

enhancing the natural resource base.”

“To encourage diversity in primary industry enterprises and systems appropriate

for the area.”

“To minimise the fragmentation and alienation of resource lands.”

“To minimise conflict between land uses within this zone and land uses within

adjoining zones.”

All objectives of this zone relate to primary industry production, fragmentation

and alienation of resource land, and minimizing conflict between land uses within

RU1 Zone and adjoining zones.

These objectives are unaffected by this proposal for a private pontoon structure in

support of an existing water entitlement.

There is no conflict between RU1 and the adjoining zone of W2 Recreational

Waterways with respect to pontoons, both zones permit water supply systems

with consent.

3 Permitted with consent

Air transport facilities; Airstrips; Animal boarding or training establishments;

Aquaculture; Bed and breakfast accommodation; Boat building and repair

facilities; Boat launching ramps; Boat sheds; Building identification signs;

Business identification signs; Camping grounds; Cellar door premises;

Cemeteries; Charter and tourism boating facilities; Community facilities;

Correctional centres; Depots; Dwelling houses; Eco-tourist facilities;

Environmental facilities; Extractive industries; Farm buildings; Farm stay

accommodation; Flood mitigation works; Freight transport facilities; Heavy

industries; Helipads; Home-based child care; Home businesses; Home

industries; Home occupations (sex services); Information and education

facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies;


_______________________________________________________________________



Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas;

Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside

stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Storage

premises; Turf farming; Veterinary hospitals; Water recreation structures; Water

supply systems.

ASSESSMENT AGAINST ‘MURRAY LOCAL ENVIRONMENTAL PLAN 2011 –

W2 RECREATIONAL WATERWAYS’

1. Objectives of zone

“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 planning proposal put before Council is to permit a new pontoon for private

irrigation purposes by the landowners of Lot 2 DP1154923 over Lot 113

DP39915.

The pontoon is to be of steel structure hinged from the top of the bank of the

Murray River with a floating landing within the waterway which rises and falls

with water levels.

Zone objectives will not be compromised per this application.

“To protect the ecological, scenic and recreation values of recreational

waterways.”

The proposed private pontoon structure will have little to no impact on the

ecology of the Murray River. The pontoon structure is made from non-

corrosive/rust proof steel.

The pontoon is to be floating on the water surface, it will rise and fall with the

water levels thus no anchoring to the river bed is required.

It is important to protect the scenic values of the Murray River. The pontoon is in

dark grey coloration and timber to blend with the landscape.

“To allow for water-based recreation and related uses.”

The pontoon is not associated with water-based recreation or related uses. It will

be used for private water entitlement via pump and pipe infrastructure.

“To provide for sustainable fishing industries and recreational fishing.”

Occasionally recreational fishing may take place on the pontoon by the land


_______________________________________________________________________



owner or public use. This is uncontrolled.

Sustainable fishing industries are not affected by this pontoon.

Under Section 3 of Zone W2 Recreational Waterways, water supply systems are

included in the list of land uses that can be undertaken with consent viz;

3 Permitted with consent

“Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat

sheds; Building identification signs; Business identification signs; Charter and

tourism boating facilities; Environmental facilities; Environmental protection

works; Floor mitigation work; Heliports; Information and education facilities;

Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas;

Recreation facilities (outdoor); Roads; Water recreation structures; Water

supply systems; Wharf or boating facilities”

Yours faithfully

Mark F Langenbacher

Licensed Surveyor (Vic)

Registered Surveyor (NSW)


_______________________________________________________________________

REPORT “Due Diligence Assessment”

142 Benarca Forest Road, Lot 2 DP1154926 & Lot 113 DP39915

O:\Office\REPORT\S6796-Due Diligence Assessment.doc 1

S6796

DUE DILIGENCE ASSESSMENT

In accordance with the ‘Due Diligence Code of Practice for the Protection of Aboriginal

Objects in New South Wales’

142 Benarca Forest Road

Moama NSW 2731

Lot 2 DP1154926 & Lot 113 DP39915

This Due Diligence Assessment follows the process outlined in Section 8 of the ‘Due

Diligence Code of Practice for the Protection of Aboriginal Objects in New South

Wales’.

The proposal is to use an existing pontoon and water pump system to allow for licensed

water extraction from the Murray River for agricultural use over Lot 113 DP39915 on

the subject land Lot 2 DP1154926.

Lot 113 DP39915 is a 20 metre buffer strip of land in Crown Land ownership that is

located between the Murray River and Lot 2 DP1154926 (subject land), Lot 1

DP1154926 (land abutting north) and Lot 3 DP1135091 (land abutting south west).

CONTENTS

GENERIC DUE DILIGENCE PROCESS………………………………………2

DECISION………………………………………………………………….6

APPENDIX 1

AHIMS SEARCH RESULT – LOT 2 DP1154923………………………...7

APPENDIX 2

AHIMS SEARCH RESULT – LOT 113 DP39915………………………...9


_______________________________________________________________________




Section 8 – The generic due diligence process


_______________________________________________________________________




Step 1. Will the activity disturb the ground surface?

The first question to ask in the due diligence process is, Will the activity disturb the

ground surface or any culturally modified trees? If an activity will disturb the ground

surface there is a higher likelihood that Aboriginal objects will be harmed.

Disturbance of the ground surface is often significant when machinery is used to dig,

grade, bulldoze, scrap, plough, or drill the ground surface for the purpose of, for

example, building a structure or removing vegetation.

If your activity will not disturb the ground surface or any culturally modified trees then

you can proceed with caution without applying for an AHIP.

If the activity will disturb the ground surface or any culturally modified trees then check

the AHIMS database – step 2a.

The pontoon structure, water pump and pipes are existing and does not require additional

earthworks therefore there is no disturbance to the ground surface and no removal of

vegetation therefore no removal of culturally modified trees.

The pontoon was recently installed though and minor trenching for the water pipe was

undertaken on Lot 2 DP1154926. The footings were dug into the high bank of the

Murray River on Lot 113 DP39915.

This existing structure used machinery to dig and trench. As its existing, Step 1 could be

answered as ‘No’ but due to the nature and status of the subject pontoon this report will

answer ‘Yes’ to Step 1 and will proceed to Step 2 below.

Step 2a. Search the AHIMS database and use any other sources of information of

which you are already aware

You should search the AHIMS database and check whether any Aboriginal sites have

been recorded in the area where you are proposing to carry out your activity. There may

also be additional landscape or other contextual information, relevant to the area of

your proposed activity on AHIMS.

If you are aware of any other sources of information, you need to use these to identify

whether or not Aboriginal objects are likely to be present in the area. Other sources of

information can include previous studies, reports or surveys which you have

commissioned or are otherwise aware of.

Go to step 2b.

AHIMS searches have been completed for both affected parcels of land being Lot 2

DP1154923 (Appendix 1) and Lot 113 DP39915 (Appendix 2) which follow this report.


_______________________________________________________________________




Both AHIMS search results with a 50 metre buffer indicate (0) Aboriginal sites are

recorded in or near both lots and (0) Aboriginal places have been declared in or near both

lots.

Step 2b. Activities in areas where landscape features indicate the presence of

Aboriginal objects

Regardless of whether your AHIMS search indicates known Aboriginal objects, you still

need to consider whether Aboriginal objects are likely to be in the area of the proposed

activity having regard to the following landscape features.

Aboriginal objects are often associated with particular landscape features as a result of

Aboriginal people’s use of those features in their everyday lives and for traditional

cultural activities. Examples of such landscape features are rock shelters, sand dunes,

waterways, waterholes and wetlands. Therefore it is essential to determine whether the

site contains landscape features that indicate the likely existence of Aboriginal objects.

Consequently, if your proposed activity is:

within 200m of waters7, or

located within a sand dune system8, or

located on a ridge top, ridge line or headland, or

located within 200m below or above a cliff face, or

within 20m of or in a cave, rock shelter, or a cave mouth

and is on land that is not disturbed land (see Definitions) then you must go to step 3.

If after completing steps 2a and 2b it is reasonable to conclude that there are no known

Aboriginal objects or a low probability of objects occurring in the area of the proposed

activity, you can proceed with caution without applying for an AHIP.

The location of the proposed use of existing pontoon structure is along the banks of the

Murray River being a landscape feature of ‘waterway’. An inspection of the localized

site around the pontoon footing area up to 20 metres has found no evidence of Aboriginal

objects. The likely existence is minimal.

An inspection report from the Moama Local Aboriginal Land Council is included with

this assessment at Appendix 3.

Consequently, this proposal is located within 200 metres of the waters of the Murray

River however is located amongst semi-disturbed land. The exact siting of the pontoon is

along the river bank being undisturbed by human interference, but construction at

fencing, vegetation clearing on the high flat land adjacent to the riverbank and surface

scraping in this area also.

Due to the exact siting of the pontoon being undisturbed (other than the dug footing for

the pontoons anchor point) this assessment must proceed to Step 3.


_______________________________________________________________________




Step 3. Can you avoid harm to the object or disturbance of the landscape feature?

This step only applies if your activity is on land that is not disturbed land or contains

known Aboriginal objects.

Where as a result of step 2a you think it is likely that there are Aboriginal objects present

in the area of the proposed activity, you need to decide whether you can avoid the harm

to those objects.

Where as a result of step 2b you have concluded that the landscape features listed are

present, you need to decide whether you can move your activity away from the area with

the landscape feature(s) so as to avoid disturbing any Aboriginal objects which may be

present.

Possible solutions may include reducing the area of a building footprint, changing its

orientation, re-positioning built elements, re-routing infrastructure trenching or

incorporating a no-development area into the site design.

If you can’t avoid harm to the object or disturbance of the landscape feature(s) you must

go to step 4.

If you can avoid harm to the object and disturbance of the landscape feature(s) you can

proceed with caution without applying for an AHIP.

The construction and earthworks per the pontoon structure, water pump and pipeline are

existing.

Step 2a determined the likelihood of Aboriginal artifacts in the location be nil or

minimal. No harm is present.

Step 2b concluded that the location of the pontoon affects a landscape feature as listed.

The pontoon is existing and relocation along the river bank suffers the same

constructions. This location assumed to be selected so as to not remove vegetation being

an existing clear and open area along the top of river bank.

With minimal or no presence of Aboriginal artifacts located in the area of proposed use

we can determine that the application can avoid harm to any nearby objects and

disturbance of the landscape feature(s). This Due Diligence Assessment can proceed

with caution without applying for an Aboriginal Heritage Impact Permit (AHIP).


_______________________________________________________________________




The generic due diligence process from Section 8 now determines:

If you decide an AHIP application is not necessary

If you have followed this code and at any point have reasonably decided that an AHIP

application is not necessary either because Aboriginal objects are not present or, if they

are present, harm to those objects can be avoided, you can proceed with caution.

If, however, while undertaking your activity you find an Aboriginal object you must stop

work and notify DECCW and you may need to apply for an AHIP. Some works may not

be able to resume until you have been granted an AHIP and you follow the conditions of

the AHIP. Further investigation may be required depending on the type of Aboriginal

object that is found.

If human skeletal remains are found during the activity, you must stop work immediately,

secure the area to prevent unauthorised access and contact NSW Police and DECCW.

The NPW Act requires that, if a person finds an Aboriginal object on land and the object

is not already recorded on AHIMS, they are legally bound under s.89A of the NPW Act

to notify DECCW as soon as possible of the object’s location. This requirement applies

to all people and to all situations, including when you are following this code.

If a person finds an Aboriginal object which is not recorded on AHIMS, they should

contact DECCW as soon as practicable. Notification procedures can be found at:

www.environment.nsw.gov.au/licences/AboriginalHeritageInformationManagementSyste

m.htm




_______________________________________________________________________




APPENDIX 1


_______________________________________________________________________





_______________________________________________________________________




APPENDIX 2


_______________________________________________________________________




Copyright © Office of the Registrar-General 2018 Received: 10/05/2018 09:17:05

Title SearchInformation Provided ThroughRudov & Associates P/L

Ph. 0413 161 611 Fax.

NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH -----------------------------------------------------

FOLIO: 2/1154923 ------

SEARCH DATE TIME EDITION NO DATE ----------- ---- ---------- ---- 10/5/2018 9:17 AM 4 16/6/2017

LAND ---- LOT 2 IN DEPOSITED PLAN 1154923 AT MOAMA LOCAL GOVERNMENT AREA MURRAY RIVER PARISH OF BENARCA COUNTY OF CADELL TITLE DIAGRAM DP1154923

FIRST SCHEDULE -------------- JOANNE DANIHER (T AM483853)

SECOND SCHEDULE (4 NOTIFICATIONS) --------------- 1 LAND EXCLUDES MINERALS AND IS SUBJECT TO RESERVATIONS AND CONDITIONS IN FAVOUR OF THE CROWN - SEE CROWN GRANT(S) 2 DP1135091 POSITIVE COVENANT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 3 DP1154923 EASEMENT FOR OVERHEAD POWER LINE(S) 20 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 4 AM483854 MORTGAGE TO AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

NOTATIONS ---------

UNREGISTERED DEALINGS: NIL

*** END OF SEARCH ***

S6796 PRINTED ON 10/5/2018

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formallyrecorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by theRegistrar General in accordance with Section 96B(2) of the Real Property Act 1900.

AHIMS Web Services (AWS)Search Result Purchase Order/Reference : S6796

Client Service ID : 356996

Date: 12 July 2018Planright Surveying - Echuca

21 Nish Street

Echuca Victoria Victoria 3564

Dear Sir or Madam:

AHIMS Web Service search for the following area at Lot : 113, DP:DP39915 with a Buffer of 50 meters,

conducted by Adam Thompson on 12 July 2018.


Attention: Adam Thompson

The context area of your search is shown in the map below. Please note that the map does not accurately

display the exact boundaries of the search as defined in the paragraph above. The map is to be used for

general reference purposes only.

A search of the Office of the Environment and Heritage AHIMS Web Services (Aboriginal Heritage Information

Management System) has shown that:

0

0

Aboriginal sites are recorded in or near the above location.

Aboriginal places have been declared in or near the above location. *

If your search shows Aboriginal sites or places what should you do?

Important information about your AHIMS search

You can get further information about Aboriginal places by looking at the gazettal notice that declared it.

Aboriginal places gazetted after 2001 are available on the NSW Government Gazette

(http://www.nsw.gov.au/gazette) website. Gazettal notices published prior to 2001 can be obtained from

Office of Environment and Heritage's Aboriginal Heritage Information Unit upon request

Aboriginal objects are protected under the National Parks and Wildlife Act 1974 even if they are not recorded

as a site on AHIMS.

You must do an extensive search if AHIMS has shown that there are Aboriginal sites or places recorded in the

search area.

If you are checking AHIMS as a part of your due diligence, refer to the next steps of the Due Diligence Code of

practice.

AHIMS records information about Aboriginal sites that have been provided to Office of Environment and

Heritage and Aboriginal places that have been declared by the Minister;

Information recorded on AHIMS may vary in its accuracy and may not be up to date .Location details are

recorded as grid references and it is important to note that there may be errors or omissions in these

recordings,

Some parts of New South Wales have not been investigated in detail and there may be fewer records of

Aboriginal sites in those areas. These areas may contain Aboriginal sites which are not recorded on AHIMS.

This search can form part of your due diligence and remains valid for 12 months.

The information derived from the AHIMS search is only to be used for the purpose for which it was requested.

It is not be made available to the public.

3 Marist Place, Parramatta NSW 2150

Locked Bag 5020 Parramatta NSW 2220

Tel: (02) 9585 6380 Fax: (02) 9873 8599

ABN 30 841 387 271


Web: www.environment.nsw.gov.au

Documents

€¦ · PDF copy of all submitted documents and plans. ... accordance with Section 7.3 of the iodiversity onservation Act 2016 [. As the proposal is located on the Murray River,