Attachment 9 - Previous Vegetation Clearing approval · MCU18/0015

NRW ~ Decision Notice 2007/008064

© the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander
- Cultural Heritage Act 2003; .
e the Environmental Protection Act 1994 which regulates environmentally
relevant activities; .
© the Environment Protection and Biodiversity Conservation Act 1999
(Cwilth) regarding the protection of listed threatened species and
ecological communities;
e the Fisheries dct 1994 regarding the management of marine plants
TT acchdinng mre gr 8683 #2 —@ — =
e Local laws established by local government under the Local Government
Act 1993;
e the Nature Conservation Act 1992 regarding the management of
protected plants and animals;
«© the Queensland Heritage Act 1992 which regulates the management of
heritage sites;
e the Soil Conservation Act 1986; and
e the Water Act 2000 regarding the removal of vegetation from the bed and
banks of a watercourse.

3.2. Aboriginal cultural heritage advice

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 that the activity does not harm Aboriginal cultural heritage (the
“cultural heritage duty of care”). Maximum penalties for breaching the
cultural heritage duty of care are $750 000 for a corporation and $75 000 for
an individual:

Applicants will comply with the cultural heritage duty of cate in relation to
Aboriginal cultural heritage if they are acting in compliance with the cultural
heritage duty of care guidelines gazetted under the Aboriginal Cultural
Heritage Act 2003, available on the NRW’s 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 should also undertake a search of the Aboriginal Cultural
Heritage Database and-the Aboriginal Cultural Heritage Register,
administered by the Cultural Heritage Coordination Unit, NRW. Application
forms to undertake a free search of the Aboriginal Cultural Heritage
Database and the Aboriginal Cultural Heritage Register may. be obtained by
contacting the oe — pana Unit on on 323 83838-or on
the N NRW’s w z OCW. g

 

4. Appeal rights
4.1, Refusal on grounds of code assessment

Under the VMA, ‘an applicant may appeal the refusal, partial refusal or a
condition placed on an approval for an ongoing application on the grounds

 

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