Decision Notice - 010.2008.00000989.001 [As Published] · 132008.989

                                                                                            2008/989



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 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 in the event the floor height of garages are not elevated above 2.6m
above AHD, the following property note (or similar) will be created for the subject site to advise
potential purchaser that “the garage has been constructed at a level that is below expected flood
levels and during major storm events it is likely that the garage will be inundated. To this end, it is
likely that items/objects stored in the garage will at some stage be affected by floodwaters and
owners should be mindful of what they store.”

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building Works          All Building Works

 Development      Permit   for   Operational    Site Filling, Landscaping, Erosion & Sediment
 Works                                          Control, Carparking & Access, Frontage Works and
                                                Stormwater Drainage

11    SELF ASSESSABLE CODES

Not applicable

12    SUBMISSIONS
Not applicable

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

14    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).




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