Attachment A to Judgment for 19Aug 2024 (6)

            a. for lots 3, 4, 7, and 8, the requirements of Section 6.2 ‘Bushfire Protection Zone’
               and associated Bushfire Covenant;
            b. for lots 1-8, the requirements of Section 6.3 ‘Landscaping’ of the BMP in relation
               to landscaping (including fencing).

     60. The BMP (and associated procedures) must be complied with at all times. The owners
         of the proposed lots, including successive landowners, are responsible for
         implementing the BMP.

     61. A clause must be included in the contract of sale for lots 3, 4, 7, and 8, which requires
         future dwellings to be constructed in accordance with any building siting and
         construction requirements specified in the Bushfire Management Plan for the
         development.


     62. At the time of registering the plan of survey, a covenant is to be registered over the
         ‘Bushfire Protection Zone’ shown in the BMP and as confirmed by survey, against the
         titles of Lots 3, 4, 7 and 8, in Council’s favour generally in accordance with the
         Approved ‘Draft Bushfire Covenant.


Bushfire Management – Future Building Requirements

     63. On lots 3, 4, 7, and 8, all future buildings classified by the National Construction Code
         as either a Class 1 habitable building (ie. dwellings) or a Class 10a non-habitable
         building (ie. private garages, sheds, carports), are to be constructed on the filled
         building pad areas outside of the Bushfire Covenant registered against those lots in
         accordance with condition 62 of this Development Approval.


Advisory Notes
PLANNING

Aboriginal Cultural Heritage Act 2003

     1. 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 any 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.

Equitable Access and Facilities

     2. The plans for the proposed building work have NOT been assessed for compliance with
        the requirements of the National Construction Code – Building Code of Australia
        (Volume 1) as they relate to people with disabilities. Your attention is also directed to
        the fact that in addition to the requirements of the National Construction Code as they
        relate to people with disabilities, one or more of the following may impact on the
        proposed building work:



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