8. Appendix E - Previous Approval

Notice

Advice Agency Response

Queensland Regional Plan area any approval should recognise the requirements of The Urban Stormwater
Quality Planning Guidelines 2010.

General information for assessment managers

The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rests with the assessment manager. Therefore, EHP as a referral agency for the
relevant application has not provided notification to native title parties.

Additional information for applicants

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes
aware of a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act
1994) being carried out on the land, or that the land has been, or is being, contaminated by a hazardous
contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written
natice to EHP.

Aboriginal Cultural e

Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take
all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage
(the “cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $1,000,000 for a
corporation and $100,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act
2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the
area or a Cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act
2003.

Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the
Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, Department
of Aboriginal and Torres Strait islander and Multicultural Affairs (ATSIMA). Application forms to undertake a
free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural
Heritage Coordination Unit on (07) 3239 3647 or on the former DERM website

Should you have any questions about the above, please contact Joe Winzenberg on telephone (07) 5459
6123, quoting the above reference number.

   

 

Delegate: Enquiries:
Ewan Bell Department of Environment and Heritage
Chief Executive admii ring the Sustainable Protection
Planning Act 2009 PO Box 318
Department of Environment and Heritage Protection MAROOCHYDORE QLD 4558
Phone: (07) 5459 6132
Date: ol i
Page 3 of 3+ 120501 Department of Environment and Heritage Protection

39