Decision Notice

Noosa Council documents




                                                                                                    MCU15/0095


                      Aboriginal Cultural Heritage Act 2003
                      2. There may be a requirement to establish a Cultural Heritage Management Plan
                         and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
                         Act).
                           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 ACH
                           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 Unit on ph.07 32476212 to discuss any
                           obligations under the ACH Act.
                      8       PROPERTY NOTES

                      Not Applicable
                      9       PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

                      Not Applicable
                      10      FURTHER DEVELOPMENT PERMITS REQUIRED

                      The following further development permit is required:
                             Development Permit for Operational Works (Stormwater Management)
                      11      SELF ASSESSABLE CODES

                      Not Applicable
                      12      SUBMISSIONS

                      361 Properly Made Submissions were received.
                      13      RIGHTS OF APPEAL

                      You are entitled to appeal against this decision. A copy of the relevant appeal provisions
                      from the Sustainable Planning Act 2009 is attached.
                      During the appeal period, you as the applicant may suspend your appeal period and
                      make written representations to Council about the conditions contained within the
                      development approval. If Council agrees or agrees in part with the representations, a
                      “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be
                      given. Taking this step will defer your appeal period, which will commence again from
                      the start the day after you receive a “negotiated decision notice”. (Refer to Part 8
                      “Dealing with decision notices and approvals” - Division 1 “Changing decision notices
                      and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)




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Document Set ID: 20060077
Version: 1, Version Date: 29/04/2016                                                                 Print Date: 29 April 2016, 4:34 PM