07/2399 - Referral Agency Response - DNRW (Concurrence & Advice) [As Published] · 132007.2399

ASS Management Plan

An ASS management plan (ASSMP) has not been undertaken, due to details of
earthworks not being available, however basic management strategies have been
mentioned in the ASS investigation.

Referral Agency Recommendations

NRW consider that the information provided with the application does not adequately
demonstrate that the proposed development can achieve Outcome 1 of SPP 2/02.

In order for the ASS investigation to be consistent with SPP 2/02 and related
guidelines, NRW recommend further investigations as detailed above. This could be
undertaken as a condition of approval.

NRW recommend that an ASSMP be undertaken consistent with SPP 2/02 and
related guidelines. This could be undertaken as a condition of approval.

While NRW offers this advice under SPP 2/02, it remains the duty of care of the site
owner not to cause Environmental Harm as defined under the Environmental
Protection Act 1994. -

. Third Party Matters

The Chief Executive of the Department of Natural Resources and Water provides the
following advice to assist the Assessment Manager to fully consider the application.

Aboriginal Cultural Heritage Act 2003

NRW also takes this opportunity to advise Council of the responsibilities of applicants
under the Aboriginal Cultural Heritage Act 2003. Council may wish to include this
information as an Advisory Note on the Decision Notice issued for the application.

Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries
out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of
care"). Maximum penalties for breaching the duty of care are $750,000 for a
corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if
they are acting in accordance with cultural heritage duty of care guidelines gazetted
under the Aboriginal Cultural Heritage Act 2003, available on the NRW website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural
heritage management plan approved under part 7 of the Aboriginal Cultural Heritage
Act 2003.

Applicants are also-encouraged to undertake a search of the Aboriginal Cultural’
Heritage Database and the Aboriginal Cultural Heritage Register, administered by the
Cultural Heritage Coordination Unit, Department of Natural Resources and Water.
Application forms to undertake a free search of the Cultural Heritage Register and
the Database may be obtained by contacting the Cultural Heritage Coordination Unit
on (07) 3238 3838 or on the NRW website www.nnw.qid.gov.au/cultural heritage.

. Authorised Delegate Signature

Ao

~ Ken Murray
Principal Natural Resource Officer

The Department of Natural Resources and Water ICO108NAM0002 . 30f5