2021-04-15 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                                      15 APRIL 2021


    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    C.    Request the Chief Executive Officer to investigate the existing traffic and car parking
          concerns in Viewland Drive, Noosa Heads raised by residents in their submissions to
          Application No. MCU20/0128 for a Residential Care Facility at 32 Viewland Drive, Noosa
          Heads.
    D.    Include the following advisory notes on the Decision Notice:
          1.     The site contains some significant mature vegetation that will be removed as part
                 of the site’s development and consideration should be given to its reuse such as
                 making it available to local wood turning groups, using it on site as a feature piece
                 or the like rather than mulching the timbers.
          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
                 (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.
                 You should contact the Cultural Heritage Unit to discuss any obligations under the
                 ACH Act.
                                                                                     Carried unanimously.

    Cr Stewart re-joined the meeting and resumed the Chair.



3   PROPOSED LEASE - SHOP 8, SUNRISE BEACH SHOPPING CENTRE
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
    children are both casual employees at Café Le Monde and El Capitano which I believe are also owned
    or part owned by the Director of Tanglewood Company Pty Ltd, Ryan Taylor. In addition, during the
    2020 election campaign I had election material on display at Café Le Monde. Although I have a
    declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
    because I believe I do not have a close personal relationship with Mr Taylor. Therefore, I will choose to
    remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain
    and participate in the decision.
    Council Resolution
    Moved:          Cr Jurisevic
    Seconded:       Cr Stewart
    That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
    interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
    Lorentson does not have a close personal relationship with Mr Taylor and therefore a reasonable person
    would trust that the final decision is made in the public interest.
                                                                                       Carried unanimously.
    (Cr Lorentson did not vote on the above motion)



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