001 ECM_21837427_v2_Referral Agency Response - Planning RAP21 0028 · MCU24/0032

                 25.    All earthworks and associated retaining structures/batters, both above and below ground
                        level and both temporary and permanent, must be contained entirely within the subject
                        site unless written permission from the respective landowner(s) is provided to Council.
                        All earthworks must be undertaken in accordance with the provisions of Australian
                        Standard AS3798: Guidelines on Earthworks for Commercial and Residential
                        Developments.
                 26.    Earthworks carried out on site must not affect the structural integrity of any of the
                        adjoining lands and/or buildings and/or structures and/or services.
                 27.    All works must not adversely impact on the existing revetment wall located along the
                        waterway boundary.
                 28.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height.
                        Damage to Services and Assets
                 29.    Any damage caused to existing services and assets as a result of the development
                        works must be repaired at no cost to the asset owner at the following times:
                        a.      where the damage would cause a hazard to pedestrian or vehicle safety,
                                immediately; or
                        b.      where otherwise, upon completion of the works associated with the development.
                        Any repair work which proposes to alter the alignment or level of existing services and
                        assets must first be referred to the relevant service authority for approval.
                 4.     REASONS FOR INCLUSION OF CONDITIONS

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan.
                 5.     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.
                        Development Compliance Inspection
                 2.     Prior to the commencement of the use, please contact Council's Development
                        Assessment Branch to arrange a Development Compliance Inspection.




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Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022