SPA Decision Notice - 010.2010.00000712.001 [As Published] · 172010.712

                                                                                            2010/712




Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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
Not applicable.

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit                             All building Works

11    SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
            Detached House Driveways Code

12    SUBMISSIONS
Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

14    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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