07/1259 - Referral Agency Response (Concurrence & Advice) - DNRW [As Published] · 132007.1259

The tocation of the proposed under ground car parking appears to be located on a elevated
portion of the subject site ranging from 4-6 m HAD, with an anticipated finish level of 5.2 m
AHD. Accordingly, excavations associated with the proposed underground car park, appear
to not warrant ASS management strategies.

NRW is available to provide further advice on ASS and their management at subsequent
stages of the proposed development—operational works—should earthworks involve
disturbances of the lower lying soils containing potential acidity.

THIRD PARTY ADVICE MATTERS

Aboriginal Cultural Heritage Act 2003

NRW also takes this opportunity to advise you of an applicant's responsibility under the
Aboriginal Cultural Heritage Act 2003.

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.

The applicant will ensure compliance with the cultural heritage duty of care if the applicant is
acting in accordance with the gazetted cultural heritage duty of care guidelines. An
assessment of the proposed activity against the duty of care guidelines will help determine
whether or to what extent Aboriginal cultural heritage may be harmed by the proposed
development. It will also help determine if the applicant needs to undertake a search of the
cultural heritage database and register.

If following an assessment of the duty of care guidelines the applicant believes cultural
heritage may be harmed by the proposed activity, the applicant should contact the Cultural
Heritage Coordination Unit for further advice on (07) 323 83838 or e-mail

cultural. [email protected] 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.nnw.gid.gov.au/cultural_heritage/index. html

| look forward to receiving a copy of the decision notice for the application in due course. A
copy of this Referral Agency Response has been issued to the applicant.

Should you have any questions about this matter please contact Mr Nick Hill on
(07) 5451 2287, quoting the reference number ICO707NAMO0013.

Yours sincerely

Vip
Nick Hill
A/Senior Officer (Planning & Environment)

South East Region (Nambour)
CC.

Scanlon Property Group

C/- PMM Group Pty Ltd

PO Box 1559

FORTITUDE VALLEY QLD 4006

Attention: Fiona Wallin

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