Concurrence Agency Response · OPW11/0144

                                                                                                       Notice
      Concurrence Agency Response, Amended Concurrence Agency Response
                                              or Advice Agency Response

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 $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 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) 3238 3838 or on the DERM website
www.DERM.gld.gov.au/cultural heritage



6.       Additional comments or advice about the application
Nil

7.       Additional information for applicants

Contaminated land

It is 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 DERM.



8.       Conditions
In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of
conditions stated in this permit required by the concurrence agency response for the application are as
follows:

         DERM is a concurrence agency under the Sustainable Planning Regulation 2009 for coastal
         management under the Coastal Protection and Management Act 1995, excluding amenity or
         aesthetic significance or value.




Page 3 of 7. 091217                                          Department of Environment and Resource Management