08/0176 - DNR Referral Agency Response [As Published] · 132008.176

  documents' and, if required, to provide an ASS Management Plan NRW requested
  this information from the applicant in written correspondence dated 15 May 2008
  The period prescribed within the Integrated Planning Act 1997 for the provision of this
  Referral Agency Response is about to expire and NRW has yet to receive adequate
  supporting information from the applicant relating to the identification and
  management of ASS As section 5 3 of SPP2/02 requires an Assessment Manager
  to confirm whether ASS is present within the area to be disturbed by the proposed
  development , NRW suggests that the Assessment Manager may wish to defer any
  decision on the application until an ASS investigation report and, if required, an ASS
  Management Plan is submitted and assessed This will provide an opportunity for
  NRW to give the Assessment Manager appropriate technical advice regarding the
  ability of the proposal to meet Development Outcome 1 enunciated within SPP 2/02

4. THIRD PARTY MATTERS
  The Chief Executive of the Department of Natural Resources and Water provides the
  following advice to assist the Assessment Manager to fully consider the application.
  Aboriginal Cultural Heritage Act 2003
  NRW also takes this opportunity to advise the Assessment Manager of the
  responsibilities of applicants under the Aboriginal Cultural Heritage Act 2003 The
  Assessment Manager may wish to include this information as an Advisory Note on
  the Decision Notice issued for the application
  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
  Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if
  they are acting in accordance with cultural heritage duty of care guidelines gazetted
  under the Aboriginal Cultural Hentage Act 2003, available on the NRW website, or in
  accordance with an agreement with the Aboriginal party for the area or a cultural
  heritage management plan approved under part 7 of the Abonginal Cultural Heritage
  Act 2003
  Applicants are also encouraged to undertake a search of the Aboriginal Cultural
  Heritage Database and the Aboriginal Cultural Heritage Register, administered by the
  Cultural Heritage Coordination Unit, NRW Application forms to undertake a free
  search of the Cultural Heritage Register and the Database may be obtained by
  contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW
  website www nrw cud gov au/cultural heritage




  Jeff Guinea
  Senior Officer (Planning & Environment)
  Nambour - South East Region
  Authorised Delegate

  12 June 2008
  Attachment 1        Schedule A - Glossary

   SPP 2/02 and the SPP 2/02 Guideline are available from www ipa qid gov au/codes/codespolicies asp
  The associated technical documents are available from http //www nrw qld gov au/land/ass/products html

  Department of Natural Resources and Water IC0508NAM0002                                                  Page 2 of 4