Negotiated Decision Notice - Concurrence Agency - DERM [As Published] · 142009.684

                                                                                     2009/684



1.     Should any changes or modifications to the approved plans be required as a result of
       construction constraints, a Change to an Existing Approval Application under the
       Integrated Planning Act must be made. Amended plans clearly indicating the changes
       must be lodged with this application along with the appropriate fees.
2.     The requirements of the Environmental Protection Amendment Regulation (No. 2)
       1999 and Local Law No. 12, prevents 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:-
       2.1. On a Sunday or public holiday, at any time; or
       2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
       A maximum penalty of $1,500 applies to an offence under this legislation.
3.     Pursuant to the Building and Construction Industry (Portable Long Service Leave)
       1991 Act 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 prior to commencement of work.


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.
8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit            Subject of the required Development Permit
 required
 Nil


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