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Referral Agency Response - Minor Change - Planning RAP20 0049 01 [As Published] · RAP20/0049.01

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                        b.      installing protective fencing around the drip line of the vegetation
                        c.      restricting stockpiling, storage and vehicle parking to those areas which are
                                already cleared
                        d.      using low impact construction techniques around vegetation.
                 10.    One feature tree must be planted on each side of the driveway (2 trees in total) to screen
                        the garage in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.
                        The planted vegetation must have a minimum pot size of 45 litres and consist of native,
                        endemic species with a mature height of not less than 8 metres.
                        Earthworks
                 11.    Earthworks required on site must be carried out in accordance with Council’s Planning
                        Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
                        ponding of water on any adjoining lands or concentrate or direct overland flow on to an
                        adjoining property.
                        Sunset Clause for Referral Agency Response
                 12.    This Concurrence Agency response is no longer valid if the use has not commenced
                        within 4 years of the date of this notice, unless otherwise extended in writing by Council.
                 2.     REASONS FOR INCLUSION OF CONDITIONS

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan.
                 3.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                 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 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 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




                                                                                                            Page 3 of 4
Document Set ID: 22713526
Version: 3, Version Date: 05/12/2023

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