09/152 - Referral Agency Response - DNRW [As Published] · 132009.152

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Department of Natural Resources and Water (NRW) –
Referral agency response
Given under Section 3.3.16 of the Integrated Planning Act 1997 (Qld)

1. Application details
   1.1 Applicant’s name                      Country Coastal Certifiers
   1.2 Property description                  Lot 5 on SP109944
   1.3 Development type                      Material Change of Use (MCU)
   1.4 Assessment manager                    Sunshine Coast Regional Council
   1.5 Assessment manager reference          2009/152
   1.6 Referral date                         19 February 2009
   1.7 NRW references                        eLVAS – 2009/001501

2. Concurrence agency response
   The chief executive of NRW directs the assessment manager to include the
   following conditions in any development approval given for the application:
   2.1   No infrastructure – except for underground services, fences and roads – is to
         be established within forty five metres of remnant vegetation as identified on
         the Map of Remnant Vegetation.
   2.2   This approval does not provide any authority under the Vegetation
         Management Act 1999 and the Integrated Planning Act 1997 to clear native
         vegetation.

3. Map of remnant vegetation




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4. Reasons for the concurrence agency response
   NRW has assessed the application against the Concurrence Agency Policy for
   Material Change of Use (MCU) 23 August 2007 (MCU Policy).
    The property supports areas of remnant vegetation.
    These areas are shown on the certified Regional Ecosystem Map.
    The removal of vegetation within these areas is regulated under the authority of
    Vegetation Management Act 1999.
    NRW has determined that the application satisfies the requirements of Criteria
    Table A within the MCU Policy because the proposed dwelling’s location will not
    result in clearing of remnant vegetation to either construct the proposed dwelling
    or protect it from vegetation–related hazards such as wildfire.
    NRW has directed the assessment manager to include conditions in any
    development approval given for the application to ensure that remnant vegetation
    will be conserved and the current setback of infrastructure to remnant vegetation
    will be maintained in order to:
          ensure that future clearing of remnant vegetation is not necessitated by the
           proximity of infrastructure to it; and
           any development approval remains consistent with the MCU Policy.

5. Definitions
   Underlined terms have been defined—Schedule A – Glossary.


6. Delegated officer signature



    Andrew Collins
    Senior Vegetation Management Officer
    South East Region, NRW

     18 March 2009

    Attachment 1            Schedule A – Glossary
                            Schedule B – Natural Resources & Water Advice




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Schedule A – Glossary

Clearing, for vegetation:
  means remove, cut down, ringbark, push over, poison or destroy in any way
     including by burning, flooding or draining; but
  does not include destroying standing vegetation by stock, or lopping a tree.

Regional Ecosystem means a vegetation community in a bioregion that is consistently
associated with a particular combination of geology, landform and soil.

Regional ecosystem map—
regional ecosystem map means a map—
  (a) certified by the chief executive as the regional ecosystem map for a particular
      area; and
  (b) maintained by the department for the purpose of showing, for the area—
      (i) remnant endangered regional ecosystems; and
      (ii) remnant of concern regional ecosystems; and
      (iii) remnant not of concern regional ecosystems; and
      (iv) numbers that reference regional ecosystems.
  A regional ecosystem map includes any amendment to the map included in a
  schedule to the map and certified by the chief executive as an amendment to the
  map at the day the amendment is certified.
  Regional ecosystem maps can be viewed at NRW offices or by accessing the
  following internet address:
  http://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/in
  troduction_and_status/Regional_Ecosystem_Maps/#lot

Remnant vegetation means the vegetation mapped as being within a regional
ecosystem shown on the regional ecosystem map.

Vegetation is any native plant other than grasses and non-woody herbage.



Schedule B – Natural Resources & Water Advice

Aboriginal cultural heritage advice
Under Section 23 of the Aboriginal Cultural Heritage Act 2003 (Qld), 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.

You will comply with the cultural heritage duty of care if you are acting in accordance
with gazetted cultural heritage duty of care guidelines. An assessment of your
proposed activity against the duty of care guidelines will help determine whether or to
what extent Aboriginal cultural heritage may be harmed by your activity. It will also



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help determine whether you need to undertake a search of the cultural heritage
database and register.

If following an assessment of the duty of care guidelines you believe cultural heritage
may be harmed by your proposed activity, you should contact the Cultural Heritage
Coordination Unit for further advice on (07) 323 83838 or e-mail
[email protected]. Further information on cultural heritage, together
with a copy of the duty of care guidelines and cultural heritage search forms, may also
be obtained from www.nrw.qld.gov.au.




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