ATTACHMENT to Decision Noitce - DERM Referral Condtions 132008.1128

. Notice
Concurrence and Advice Agency Response

 

5. General advice to assessment manager

Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
application at PO Box 573, Nambour QLD 4560.

The State's Native Title Work Procedures provide that responsibility for assessment of native title issues
for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for
the relevant application has not provided notification to native title parties.

6. Additional information for applicants
Contaminated Land

itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land
becomes aware a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental
Protection Act 1994) is being carried out on the land, or that the land has been, or is being,
contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after
becoming so aware, give written notice to the Department of Environment and Resource Management.

Aboriginal Cultural Heritage Act 2003

DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
applicants under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager 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
$1,000,000 for a corporation and $100,000 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 oh the DERM 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,
DERM. 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) 3239 3647 or on the

DERM website www.derm.qid.gov.au/cultural heritage
Delegate Enquiries:

Department of Environment and Resource Management
Centenary Square Building,
Currie Street, Nambour. QLD 4560

PO Box 673, Nambour. QLD 4560

Daniel Leo Telephone + 61 7 5451 2256

Senior Planning Officer Facsimile +617 5451 2260

Regional Planning and Coordination (Nambour) — Email [email protected]
Planning and Assessment — SEQ Website www.derm.qid.gov.au

16 June 2011

 

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