07/2555 - Operational Works - Drainage Stormwater Vegetation [As Published] · 142007.2555

ADVICE
LOCAL LAWS, POLICIES & STATE REGULATION REQUIREMENTS
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

10.

A Development Permit for operational works for clearing vegetation is required in accordance with
Schedule 8, Part ,1 Table 4, Item 1A of IPA. It is recommended this approval be sought prior to
seeking other necessary development permits for the site. Prior to lodging a development application
for clearing vegetation, a determination from the Chief Executive of the Department of Natural
Resources, Mines and Water should be sought to confirm the purpose of the clearing is a relevant
purpose under section 22A of the Vegetation Management Act 1999 (VMA).

An application for clearing vegetation must demonstrate compliance with the Regional Vegetation
Management Code for Ongoing Clearing Purposes ~ South-East Region (VM Code). In particular any
clearing involving ‘of concer’ remnant vegetation requires a suitable offset to meet the performance
requirements of the VM Code. The application will also need to demonstrate the proposed setback to
the creek complies with the relevant performance requirements of the VM Code and demonstrate
viable networks of wildlife habitat will be maintained on the site.

Taking of protected flora and fauna requires a permit under the Nature Conservation Act 1992.

Approval of this development application will trigger an Infrastructure Charge in accordance with the
Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $50,995.00. This
amount is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2005
until the date of payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5
of the Integrated Planning Act 1997.

Payment via credit card transaction will not be an acceptable method of payment for development
contributions conditioned in this permit or for infrastructure charge notices issued separately.

Please note that Council will not seal a Standard Building Format Plan / Building Format Plan /
Volumetric Plan until all conditions of approval have been satisfied.

The Environmental Protection Regulation 1989 and Local Law No. 12, prevent a builder or building
contractor carrying out building work on a building site in a way that makes or causes audible noise to
be made from the building work:-

6.1. On a Sunday or public holiday, at any time; or
6.2. On a Saturday or a business day, before 7.00am or after 6.30pm.

Amaximum penalty of $1,500 applies to an offence under under the Environmental Protection
Regulation 1989.

We advise ‘interested parties’ I.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under
the Commonwealth Disability Discrimination Act 1992 in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of sanitary
facilities may need to comply with the requirements of Section D Part 03 and Section F Clause F2.4 of
the Building Code of Australia.

Pursuant to the Building and Construction industry (Portable Long Service Leave) Act 1997 if the cost
of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
works must be submitted to Council with the lodgement of any application for operational works over
the site.

The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council's
Code controlling food establishments for approval by Council’s Environmental Health Section, for any
food premises proposed to be included in the development.

In accordance with the Environmental Protection (Water) Policy 1 997, all sand, silt, mud, paint, cement,
concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a water course. On the
spot fines may apply for such offences.