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07/1413 - Referral Agency Response - DNRW [As Published] · 132007.1413
Queensland »s Government Author Danie! Leo ” Council Reference 2007/1413 NRW Reference |CO807NAMO0002 / NOO7665 Directorate / Unit Planning and Development Phone 54 512 287 Department of Natural Resources and Water 21 September 2007 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 Attention Denis Wallace Dear Mr Wallace Application for Material Change of Use — Lot 89 SP158854 ~ 430 Black Mountain Road, Black Mountain — Referral Agency Response With reference to the above application, the Chief Executive of the Department of Natural Resources and Water (NRW)—concurrence agency for the application—advises as follows. CONCURRENCE AGENCY MATTERS Vegetation Management Act 1999 The concurrence agency response for the application, prepared pursuant to section 3.3.16 of the Integrated Planning Act 1997 for the purposes of the Vegetation Management Act 1999, is enclosed. THIRD PARTY ADVICE MATTERS Aboriginal Cultural Heritage Act 2003 NRW also takes this opportunity to advise you of an applicants responsibility under the Aboriginal Cultural Heritage Act 2003. Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. The applicant will ensure compliance with the cultural heritage duty of care if the applicant is acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the proposed development. It will also help determine if the applicant needs to undertake a search of the cultural heritage database and register. If following an assessment of the duty of care guidelines the applicant believes cultural heritage may be harmed by the proposed activity, the applicant should contact the Cultural Department of Natural Resources & Water Centenary Square Building, Currie Street, Nambour. Q 4560 PO Box 573, Nambour. Q 4560 Telephone + 61 7 5451 2222 Facsimile + 61 7 5451 2260 Website www.nrw.gid.qov.au ABN 83 705 539 586
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Heritage Coordination Unit for further advice on (07) 323 83838 or e-mail cultural. [email protected]. . Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may also be obtained from www. nrw.gid.gov.au/cultural_heritage/index.html State Planning Policy 1/92: Development and the Conservation of Agricultural Land (SPP 1/92) NRW has considered the proposal in terms of SPP 1/92 and advises that it has no concerns in terms of the SPP. | look forward to receiving a copy of the decision notice for the application in due course. A copy of this Referral Agency Response has been issued to the applicant. Should you have any questions about this matter please contact Mr Daniel Leo on (07) 5451 2287, quoting the reference number |(CO807NAMO0002. Yours sincerely Jeff Guinea Senior Officer (Planning & Environment) South East Region Department of Natural Resources and Water Page 2 of 4
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a Department of Natural Resources and Water — Referral agency response Given under Section 3.3.16 of the Integrated Planning Act 1997 1. Application details 1.1. Applicant’s name Graham Henning C/- Murray & Associates (Q!d) Pty Ltd 1.2. Property description Lot 89 on SP158854 1.3. Development type Material Change of Use (MCU) 1.4. Assessment manager (AM) Noosa Council 1.5. AM reference 2007/1413 1.6. Our references * eLVAS — 2007/008148 File - GYV/001021 Trackjob — ICO807NAMO002 2. Concurrence agency response The chief executive of the Department of Natural Resources and Water (NRW) directs the assessment manager to include the following conditions in any development approval given for the above mentioned development application— 2.1. The Material Change of Use for Lot 89 on SP158854—including establishment of infrastructure—must remain consistent with the submitted plan (Plan of Proposed Material Change of Use in Lot 89 on SP158854 — Demonstrating Proposed Cabins — 28 June 2005 — Murray & Associates — 40487). 2.2. No clearing of native vegetation is to occur as a result of the Material Change of Use for Lot 89 on SP158854. Any future clearing of native vegetation will require a development approval, unless the clearing of native vegetation is exempt under Schedule 8 of the Integrated Planning Act 1997. 3. Reasons for the concurrence agency response 3.1. NRW has assessed the application against the Concurrence Agency Policy for Material Change of Use (MCU) 20 November 2006 (MCU Policy) and has determined that the application meets the requirements of Criteria Table A because clearing as a result of the MCU will not occur within assessable vegetation. 3.2. The chief executive of NRW has directed the assessment manager to include conditions in any development approval given for the above mentioned development application to ensure that— e Clearing as a result of the MCU will not occur within assessable vegetation; and e The MCU is consistent with the MCU Policy. Department of Natural Resources and Water Page 3 of 4
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4. Approved plan
Title
Date
Author
Reference
Plan of Proposed Material Change of Use in Lot 89 on
SP158854 — Demonstrating Proposed Cabins
28 June 2005
Murray & Associates
40487
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5. Delegated officer signature
Mr Michael Watson
A/Senior Vegetation Management Officer —- VM1
South East Region, NRW
5 September 2007
Department of Natural Resources and Water
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