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ECM_16004986_v3_Change Existing Approval - 132003 220660 4 - 23182 DA 1 1-7 Bayview Rd Noosa Heads - Extension to Cu · 132003.220660.5
132003.220660.4
Aboriginal Cultural Heritage Act 2003
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with
disabilities. Your attention is also directed to the fact that in addition to the requirements of the
Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of
the following may impact on the proposed building work:
(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
and AS 1428.2
(b) Applicants should be aware that a “Disability Standard on Access to premises” is
currently being developed and most likely will impose changes on the Building Code of
Australia
(c) Any services and facilities in the building complex should allow independent, dignified
and equitable use of the services and facilities for all people.
8 PROPERTY NOTES
Not Applicable
9 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Dwelling
Operational Works Car Parking & Access, Stormwater Drainage,
Earthworks, Sediment & Erosion Control
PD-DA-FM383/5-09/08/2010 Page 5 of 7
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