Decision Notice - 010.2008.00001491.001 [As Published] · 132008.1491

                                                                                         2008/1491



 0729 WD 6.02              C       Construction Details 6, 7, 10, 12 –         21 October 2008
                                   Middap Ditchfield Pty Ltd
 0729 WD 6.03              C       Construction Details 8, 9, 11 – Middap      21 October 2008
                                   Ditchfield Pty Ltd

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      1.1.    On a Sunday or public holiday, at any time; or
      1.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    The applicant is advised that the following property note (or similar) will be created for the
      subject site to advise potential purchaser “the kayak storage area has been constructed at a
      level that is below expected flood levels and during major storm events it is likely that the
      kayak storage area will be inundated. To this end, it is likely that items/objects stored in the
      kayak storage area will at some stage be affected by floodwaters and owners should be
      mindful of what they store.”
3.    It is relevant to note that in the event that Acid Sulfate Soils are removed from site and
      forwarded for disposal at one of Council’s landfill sites, Council may:-
      a.     refuse to accept such soil or
      b.     treat and neutralize the soil and charge such costs for soil testing and remediation to the
             applicant and or developer of the site.
4.    The applicant is advised that a Compliance Permit for all plumbing and drainage works within
      the boundaries of the development site must be obtained from Council’s Plumbing Services
      Section prior to obtaining a Development Permit for Building Works.
Aboriginal Cultural Heritage Act 2003
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 that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
The applicant is advised that the following property note (or similar) will be created for the subject
site to advise potential purchaser “the kayak storage area has been constructed at a level that is
below expected flood levels and during major storm events it is likely that the kayak storage area will
be inundated. To this end, it is likely that items/objects stored in the kayak storage area will at some
stage be affected by floodwaters and owners should be mindful of what they store.”
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