ECM_23038802_v2_Decision Notice - Approved by Delegation of Authority MCU24 0044 & OPW24 0045 · MCU24/0044

               5.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                  Response
                                       Address

                Concurrence            Department of State      Schedule 10, Part 17,        The agency provided its
                                       Development,             Division 1 – Tidal Works     response on 27 May
                                       Manufacturing,           or                           2024 (Reference No.
                                       Infrastructure, and                                   2404-40124 SRA). A
                                                                work in a Coastal
                                       Planning (SARA)                                       copy of the response is
                                                                Management District          attached
                                       SARA – SEQ North
                                       Region Office
                                       (07) 5352 9701 or
                                       email:
                                       [email protected]

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      General Advisory Notes
               1.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
                      of the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               2.     The approval or conditions do not absolve the owner of the land from complying with all the
                      conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant
                      statues and/or statutory regulations in the execution and/or performance of said works.
               3.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               4.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               5.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Aboriginal Cultural Heritage Act 2003
               6.     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



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Document Set ID: 23038802
Version: 2, Version Date: 30/05/2024