AJG v NSC - Sealed Judgment - 12.06.26

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:

         a.the Disability Discrimination Act 1992 (Commonwealth);
         b.the Anti-Discrimination Act 1991 (Queensland); and
         c.the Disability (Access to Premises – Building) Standards.
Nature Conservation Act

     3. It is the responsibility of the applicant to ensure compliance with the Nature Conservation
        Wildlife Management Regulation 2006 which is regulated by the State Government.
         There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
         Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
         Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
         Further information can be obtained at this website hiips://www.ehp.qld.gov.au/licences-
         permits/plants-animals/protected-plants/ or by calling the Department of Environment and
         Heritage Protection on 1300 130 372.

         There may also be a requirement to obtain State Government Approval of a Species
         Management Plan prior to any activities that tamper with any place that is being used by a
         native animal for breeding activities. This is regulated by Section 332 of the Nature
         Conservation Wildlife Management Regulation 2006. Further information regarding this
         matter can be obtained at this website hiips://www.ehp.qld.gov.au/licences-permits/plants-
         animal/species-management-program/ or by calling the relevant State Department.

Qualified Person

     4. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
        for the development, a qualified person is considered to be a person who:


       a. is a Registered Professional Engineer of Queensland (RPEQ); and



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