Decision Letter - Change to an Existing Approval - 010.2005.00000698.003 [As Published]

                                                                                          2005/698

24.   Prior to the works to become Council assets being accepted "On Maintenance", a certificate
      from a qualified landscape architect or qualified horticulturist shall be submitted certifying that
      the landscaping works required by this permit have been carried out in accordance with the
      approved plans and conditions and in accordance with best industry practice under their
      supervision.
25.   A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will be
      imposed on the works during the maintenance period, which is a minimum period of 12 months
      duration or until such time that the landscaping is established and achieves the intended
      purposes. Such bond must be lodged by, and shall only be accepted from the Developer for
      the works.
26.   These works are also to be in compliance with the relevant conditions of Development Permit
      No. 2004/5744.
27.   Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
      (2) years from the day this permit takes effect during which time all conditions must have been
      complied with and the Plan of Survey lodged with the Council for endorsement.
28.   Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations from Council's standards exist, then Council standards shall apply
5     REFERRAL AGENCY CONDITIONS

Not Applicable.

6     APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the following table:

 Plan No.                  Rev.    Plan Name                                   Date

 LGGG 850 LA01C                    Landscape Plan Vegetated Buffer             19/05/06

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Proposed contractors for works should have current Public Liability and Workers
      Compensation Insurances.
      No other Contractor or Subcontractor should be engaged to carry out the works or any part of
      the works.
2.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
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 (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.

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2005/698

 

24. Prior to the works to become Council assets being accepted "On Maintenance", a certificate
from a qualified landscape architect or qualified horticulturist shall be submitted certifying that
the landscaping works required by this permit have been carried out in accordance with the
approved plans and conditions and in accordance with best industry practice under their
supervision.

25. A5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will be
imposed on the works during the maintenance period, which is a minimum period of 12 months
duration or until such time that the landscaping is established and achieves the intended
purposes. Such bond must be lodged by, and shall only be accepted from the Developer for
the works.

26. These works are also to be in compliance with the relevant conditions of Development Permit
No. 2004/5744.

27. Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
(2) years from the day this permit takes effect during which time all conditions must have been
complied with and the Plan of Survey lodged with the Council for endorsement.

28. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply

5 REFERRAL AGENCY CONDITIONS

Not Applicable.

6 APPROVED PLANS/DOCUMENTS

The approved plans for this development approval are listed in the following table:
Plan No. Rev. Plan Name Date

LGGG 850 LA01C Landscape Plan Vegetated Buffer 19/05/06

7 ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

1. Proposed contractors for works should have current Public Liability and Workers
Compensation Insurances.

No other Contractor or Subcontractor should be engaged to carry out the works or any part of
the works.

2. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.

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 (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”. \t 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.

Page 4 of 7