Delegated Report - Code - Planning OPW22 0303 [As published] · OPW22/0303

               8.     The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
                      Removal of Existing Trees and Vegetation
               9.     Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               10.    Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Undertaking rehabilitation construction and establishment works is considered to be a
                              person with five years current experience in revegetation and regeneration.
                      d.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and assessment and either:
                              v.       International Society of Arboriculture (ISA) certification; or
                              vi.      A Diploma of Arboriculture.
                      e.      Undertaking Fauna site works and calculating compensatory habitat is considered to
                              be a Fauna Spotter Catcher with current certification under the Queensland Parks and
                              Wildlife Service.
                      f.      Preparing certification and managing declared plant pests, is considered to be:
                              vii.     an environmental consultant with a minimum of 3 years current experience in the
                                       field of pest plant management.
                      g.      Assessing and certifying soil quality is considered to be an Agronomist or
                              Horticulturalist with three years current experience in soil testing.
                      Landscape Works
               11.    The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
                      Register where:
                      a.      An inspection revealed that any constructed rehabilitation/landscape works do not
                              comply with the conditions of the Decision Notice, Approved Plans and or Approved
                              Documents
                      b.      Certification is submitted to Council falsely stating that works comply with the approved
                              plans, documents and or conditions of the Decision Notice.
               12.    Public amenity trees are defined as any tree located within public streets, parks or areas that
                      will become publicly owned as a result of this development.
                      Environmental Advisory Notes
               13.    The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.

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Document Set ID: 22338918
Version: 6, Version Date: 21/04/2023