Development Application part 2 Planning Report MCU13/0051

Claire Harris


From:                                   Faulkner Vanessa <[email protected]>
Sent:                                   Monday, 28 May 2012 9:59 AM
To:                                     Kloe Robinson

Subject:                                Cultural Heritage Search     -
                                                                         1163146




I refer to your application in which you requested advice on Aboriginal cultural heritage places recorded on the
above location.


The Cultural Heritage Database and Register search has been completed and I would like to advise that no
Aboriginal cultural heritage is currently recorded in your specific search area, from the data provided by you.
However, it is probable that the absence of recorded Aboriginal cultural heritage places reflects a lack of
previous cultural heritage surveys of the area. Therefore, our records are not likely to reflect a true picture of the
Aboriginal cultural heritage values of the area.

I note that, pursuant to the Cultural Heritage Duty of Care Guidelines, you have advised that the proposed
activity is a ’Category 5 activity’. As such, I take this opportunity to remind you that in accordance with those
Guidelines:-


  Where an activity is proposed under category 5 there is generally a high risk that it could harm
  Aboriginal cultural heritage. In these circumstances, the activity should not proceed without cultural
  heritage assessment.

  Where an activity is proposed under category 5, it is necessary to notify the Aboriginal Party and seek:
  (a)Advice as to whether the feature constitutes Aboriginal cultural heritage; and
  (b)If it does, agreement as to how best the activity may be managed to avoid or minimise harm to any
  Aboriginal cultural heritage.

I remind you also that the extent to which the person has complied with Cultural Heritage Duty of Care
Guidelines and the extent to which the person consulted with Aboriginal parties about the carrying out of the
activity, and the results of the consultation are factors a court may consider when determining if a party has
complied with the duty of care.

Please refer to our website www.derm.gld.gov.au/culturalheritage/index.htmlfor a copy of the gazetted
Cultural Heritage duty of care guidelines, which set out reasonable and practical measures for meeting the duty
of care.


The Cultural Heritage body for the 5 RP176168 area is:


Gubbi Gubbi Dyungungoo Group Incorporated
C/- Dr Eve Fesl
29 Fountain Rd
BURPENGARY
QLD4505
Mobile: 0420 989 610
Ph: (07)3888 5219 Fax: (07)3888 5227


The Aboriginal party for the 5 RP176168 area is:


QC99/35 PRC 06034/99
               -




Gubbi Gubbi People #2
Dr Eve Fesl
29 Fountain Rd
BURPENGARY OLD 4505
Ph 0420 989 610