Negotiated Decision Notice - 010.2007.00001446.001 [As Published] · 132007.1446

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8.    The development should be undertaken in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
      borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
      emissions in accordance with the nuisance provisions of the Environmental Protection
      Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
9.    In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
      cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
      where it could reasonably be expected to move into a roadside gutter, storm water drain or a
      watercourse. On the spot fines apply for such offences.
10.   Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council with the
      lodgement of any application for operational works over the site.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit               Subject of the required Development Permit
 required
 Development Permit for Building          All Building Works
 Works

 Development Permit for Operational       Landscaping, Carparking and Access, Frontage Works,
 Works                                    Stormwater Drainage & Filling of Site

 Development Permit for                   Reconfiguring a Lot
 Reconfiguring a Lot

11    SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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