SUPERSEDED SPA Decision Notice - 010.2010.00000871.001 [As Published] · 132010.871

    2010/871




Page 15 of 19


[OCR of page images]
2010/871

 

Notice
Advice Agency Response

 

¢ The applicant is to provide a report prepared and certified by an appropriately qualified professional
demonstrating to the satisfaction of the assessment manager that there will be no adverse impacts
on the ecological values and functioning of the conservation estate

* Development maintains, conserves and enhances the current extent and connectivity within and
between conservation estate areas

The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed
works and the conservation estate boundary in order to maintain the ecological functioning and integrity of
the conservation estate. Buffer distances should be maximised in order to maintain existing biodiversity
values, habitat connectivity and to avoid edge effects. The buffer may also assist in ensuring that stormwater
and wastewater from the development site can be appropriately managed to avoid adverse impacts on the
conservation estate.

Revegetation of the buffer is recommended using native species representative of the pre-clearing regional
ecosystem, with preference given to endemic species. Plants should be of local provenance where possible.
A Rehabilitation’ Revegetation Management Plan should stipulate a weed management strategy including
weed control and a maintenance program over a minimum one year period. Conditioning of any approval
with building or development envelope(s) may also be a useful way to give formal effect to any required
buffer area.

Neighbours to conservation estate have a responsibility to keep dwellings and other infrastructure near
Queensland Parks and Wildlife Service (Q@WS) managed lands in a condition that minimises fire risk, and to
appropriately ameliorate light and noise issues. Consultation with QPWS officers is recommended to ensure
management objectives of the conservation estate including fire management, emergency service access
and pest controls are met. A QPWS ‘Good Neighbour Policy’ may be of assistance and is available on the
web at: http//www.derm.qid.gov.au/services_resources/item_details.php?item_id=201188

General information for assessment managers

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.

Additional information for applicants

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware of a Notifiable Activity
(as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act 1994) is being carried out on the land, or that the land
has been, or is being, contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after becoming
so aware, give written notice to the Department of Environment and Resource Management.

Aboriginal Cultural Heritage

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.

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.

 

Page 2 of 3+ 091217 Department of Environment and Resource Management

Page 15 of 19