Minor Change Existing Approval OPW16 0303 02 (As Published)

                      c.      the Disability (Access to Premises – Buildings) Standards
                       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.
                       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 Unit on 07 3247 6212 to discuss any obligations
                       under the ACH Act.
               3.     Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
               4.     Street trees are defined as any tree located within public streets, parks or areas that will
                      become publically owned as a result of this development.
                      Prestart, On and Off Maintenance, Rehabilitation Inspections Request
               5.     Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
                      minimum of five business days’ notice of preferred inspection time.
                      On Maintenance
               6.     Request for On Maintenance is the responsibility of the developer. No credit will be given
                      due to failure to request inspection. Maintenance works are the responsibility of the
                      developer and must include regular inspections, repairs, rectifications and establishment. A
                      single maintenance run immediately prior to inspection is not acceptable.
                      Off Maintenance
               7.     A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
                      where:
                      a.      A Council inspection reveals works do not comply with approval requirements.
                      b.      Submitted certification falsely states works comply with approval requirements.
                      Retention of Existing Trees
               8.     The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
               9.     No clearing of vegetation on DTMR land is authorised by this permit.
               10.    Infrastructure Charges




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Document Set ID: 24382438
Version: 5, Version Date: 18/12/2025