SUPERSEDED Negotiated Decision Notice - Concurrence Agency - DNRW [As Published] · 132007.2399

                                                                                         2007/2399



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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

The following property note (or similar) will be placed on Council’s rates records for the new
allotments:
This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst computer odour
modelling has determined that the development complies with the Queensland Odour Amenity
Guideline, odour may be detected at some times.

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 Operational      Access and/or Carparking, Site Civil Works, Roadworks,
 Works                                   Stormwater Drainage, Frontage Works, Sewer Reticulation
                                         (including new mains, relocations, diversions, pump stations
                                         and rising mains), Water Reticulation, Earthworks,
                                         Landscaping & Erosion & Sediment Control

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:
Advertising Devices Code
Detached House Driveways Code

12    SUBMISSIONS
There was one (1) properly made submission about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Find that the following grounds are sufficient to support the proposal despite the conflict with the
Superseded Planning Scheme:
1.    The scale of the development will not exceed that anticipated by the approved Plan of
      Development for the site;

2.    The Plan of Development provides for residential development to extend beyond the
      boundaries of the identified residential precincts;

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