Approved Decision Notice - DBW24 0055 [As Published] · DBW24/0055

               22.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Damage to Services and Assets
               23.    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.
                      Noosa Waters Setback
               24.    The area within 4.5 metres of the centre line of the top of the concrete revetment wall must
                      be developed in accordance with the following:
                      a.      a minimum of 25% of the area must be planted with shrubs and small trees with a
                              mature height of 3m or less.
                      b.      a maximum of 25% of the area may be impervious, with the balance area soft
                              landscaping (i.e. grass, ground covers, shrubs and small trees).
                      c.      the ground surface within 1 metre of the revetment wall must be grass or ground cover
                              and must not include shrubs or hard pavement.
                      d.      any side boundary fencing must taper down to a maximum height of 1.2 metres at the
                              revetment wall and have a height not exceeding 1.5 metres at a distance of 2.25 metres
                              from the revetment wall.
                      e.      any retaining structures, planter boxes or the like must be finished with natural
                              materials such as timber or rock rather than manufactured materials.
               25.    No shore side anchor points are permitted within 4.5m of the revetment wall.
               5.     REFERENCE DOCUMENTS

               Nil.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager 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.


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Document Set ID: 23294546
Version: 2, Version Date: 11/10/2024