(As Published) - Referral Agency Response - Planning ERR25 0013

                 7.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                        Aboriginal Cultural Heritage Act 2003
                 1.     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 to discuss any obligations under the ACH
                        Act.
                        Performance Bond Agreement
                 2.     An applicant for a development application may make an agreement with an assessment
                        manager, referral agency or other person to establish the responsibilities, or secure the
                        performance, of a party to the agreement about a development condition.
                        Equitable Access and Facilities
                 3.     The plans for the proposed building work have NOT been assessed for compliance with
                        the requirements of the National Construction Code - Building Code of Australia (Volume
                        1) as they relate to people with disabilities. Your attention is also directed to the fact
                        that in addition to the requirements of the National Construction Code as they relate to
                        people with disabilities, one or more of the following may impact on the proposed
                        building work:
                        a.      the Disability Discrimination Act 1992 (Commonwealth);
                        b.      the Anti-Discrimination Act 1991 (Queensland); and
                        c.      the Disability (Access to Premises – Buildings) Standards.
                        Fires in Urban Areas
                 4.     In urban areas fires are prohibited except where in an appliance is used for domestic
                        heating or cooking purposes, which must comply with particular standards. Any area
                        identified as a fire pit area on approved plans is to be in accordance with Local Law &
                        Subordinate Local Law No. 3, Schedule 3. Refer to the following link for details:
                        https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                 8.     REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

                 Not applicable.


                 Yours faithfully,
                 Tiani Bird
                 Development Planner | Development Assessment
                 Development & Regulation
                 Enc:   Approved Plans/Documents




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Document Set ID: 24415728
Version: 5, Version Date: 08/01/2026