AS PUBLISHED Negotiated Report (Representations made) MCU23 0094 · MCU23/0094

                              (iv)     ESCs are not to be constructed within the riparian buffer zone, unless it is not
                                       feasible to site them elsewhere, and then only within cleared areas.
               H.     Include the following Advisory Notes
               Material Change of Use & Reconfiguring a Lot (MCU23/0094 & RAL23/0014)
                      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.
                      Advertising Devices
               3.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Development Compliance Inspection
               4.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Nature and Extent of Approved Development
               5.     The assessment of this development was based on a proposal having a plot ratio of 0.5:1,
                      as depicted on the Approved Plans and conditioned.
               6.     Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
                      Council may change the approval to a Development Permit through the Negotiated Decision
                      Notice process.
                      Submission of Amended Plans Required (as required by MCU23/0094 & RAL23/0014)
               7.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments as per the Material Change of Use and Reconfiguring a Lot Development.
                      Please address the amended plan/s to Council’s Development Assessment Branch.
                      The revised plans are to be provided to Council for review and approval prior to the
                      issue of Building Approval.


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Document Set ID: 22926712
Version: 8, Version Date: 13/05/2024