Concurrence & Advice Agency Response - MCU - Lot: 2 RP: 865533 2 Halse Lane, Noosa Heads - Notice from DERM - Concurrence Agency Response

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Concurrence and Advice Agency Response

4. General advice to assessment manager
Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
application at: PO Box 573, Nambour Qld 4560.

The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues
for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for
the relevant application has not provided notification to native title parties.

Aboriginal Cultural Heritage Act 2003

DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
applicants under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to
include this information as an Advisory Note on the Decision Notice issued for the application.

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 e@
$750,000 for a corporation and $75,000 for an individual. .

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party
for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural
Heritage Act 2003.

Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and
the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit,
DERM. Application forms to undertake a free search of the Cultural Heritage Register and the
Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or
on the DERM website www.derm.qld.gov.au/cultural_heritage.

Delegate Enquiries:
Regional Planning and Assessment
Department of Environment and Resource Management
CHP Centenary Square Building
Currie Street, Nambour Qid 4560 @
PO Box 573, Nambour Qld 4560
Caroline Plank
A/Principal Planning Officer — Regional Telephone + 61 7 5451 2222
Planning and Coordination Facsimile + 61 7 5451 2260
Planning and Assessment Website www.derm.qid.gov.au
Nambour, South East Region
5 October 2010
Attachments

e Concurrence Agency Response — Queensland Heritage Place
« Advice Agency Response ~ Wetland Management Area

 

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