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07/1413 - Referral Agency Response - DNRW [As Published] · 132007.1413

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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
Full text of the other 3 pages

Page 2

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

Page 3

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

Page 4

a

4.1.

4.2.
4.3.
44.

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
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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

Page 4 of 4

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