2008/1128 Concurrence and Advice Agency Response DERM · 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
        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 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 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) 3239 3647 or on the
        DERM website www.derm.gld.gov.au/cultural heritage



Delegate                                                  Enquiries:
                                                          Department of Environment and Resource Management
                                                          Centenary Square Building,
                                                          Currie Street, Nambour. QLD 4560
                                                          PO Box 573, Nambour. QLD 4560

Daniel Leo                                                Telephone     + 61 7 5451 2256
Senior Planning Officer                                   Facsimile     + 61 7 5451 2260
Regional Planning and Coordination (Nambour)              Email         DACoordination SEQNorth (Qderm.gId.gov.au
Planning and Assessment - SEQ                             Website       www.derm.aid.gov.au
16 June 2011


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