Decision Notice DBW25 0118 · DBW25/0118

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      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
                      (c)     the Disability (Access to Premises – Buildings) Standards.
                      Short Stay Letting
               3.     On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
                      hosted accommodation. The local law commenced on 1 February 2022. A one off application
                      will need to be made, under the new local law, for all existing and new properties operating
                      short stay letting or home hosted accommodation, unless identified as exempt.
                      For more information and application forms, please visit Council’s website below:
                      https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
                      Nature Conservation Act
               4.     It is the responsibility of the applicant to ensure compliance with the Nature Conservation
                      Wildlife Management Regulation 2006 which is regulated by the State Government.
                      There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
                      Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
                      Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
                      Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
                      permits/plants-animals/protected-plants/ or by calling the Department of Environment and
                      Heritage Protection on 1300 130 372.
                      There may also be a requirement to obtain State Government Approval of a Species
                      Management Plan prior to any activities that tamper with any place that is being used by a
                      native animal for breeding activities. This is regulated by Section 332 of the Nature
                      Conservation Wildlife Management Regulation 2006. Further information regarding this
                      matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
                      animals/species-management-program/ or by calling the relevant State Department.




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Document Set ID: 24199509
Version: 4, Version Date: 08/10/2025