15010_Noosa Council_Decision Notice_221215 · OPW18/0022

                                                                                                        OPW15/0172


                              Aboriginal Cultural Heritage Act 2003
                      12.      There may be a requirement to establish a Cultural Heritage Management Plan
                              and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. 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 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 Co-ordination Unit on 07 3239 3647 to
                              discuss any obligations under the ACH Act.

                      7.      PROPERTY NOTES

                      Not Applicable.

                      8.      PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

                      Not Applicable.

                      9.      FURTHER DEVELOPMENT PERMITS REQUIRED

                      Not Applicable

                      10.     SELF ASSESSABLE CODES

                      Not Applicable.

                      11.     SUBMISSIONS

                      Not Applicable.

                      12.     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

                      Not Applicable.

                      13.     RIGHTS OF APPEAL

                      You are entitled to appeal against this decision. A copy of the relevant appeal provisions
                      from the Sustainable Planning Act 2009 is attached.

                      During the appeal period, you as the applicant may suspend your appeal period and
                      make written representations to Council about the conditions contained within the
                      development approval. If Council agrees or agrees in part with the representations, a
                      “negotiated decision notice” will be issued. Only one “negotiated decision notice” may
                      be given. Taking this step will defer your appeal period, which will commence again
                      from the start the day after you receive a “negotiated decision notice”.



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Document Set ID: 20003332
Version: 1, Version Date: 22/12/2015                                                                Print Date: 22 December 2015, 3:18 PM