Negotiated Decision Notice - MCU24 0125, OPW24 158 & RAL24 0021 (As Published) · MCU24/0125

               8.     Unless otherwise stipulated by telecommunications legislation at the time of construction, the
                      development must be provided with all necessary conduits, pits and pipes to accommodate
                      the future connection of optic fibre technology telecommunications.
               9.     Certification must be submitted to Council from all relevant service providers (Energex, NBN)
                      which certifies that the development has met the requirements of this Decision Notice and
                      all applicable legislation at the time of construction.
                      Community Management Statement
               10.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               11.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:
                      a.      The site includes a stormwater management and water quality treatment system.
                      b.      The stormwater management and water quality treatment system must be maintained
                              in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
                              Assets (Version 1).
                      c.      The full cost of maintaining the system in accordance with the Water by Design (2009)
                              Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
                              proposed levies for each dwelling owner/body corporate.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Aboriginal Cultural Heritage Act 2003
               1.     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 Unit to discuss any obligations under the ACH Act.




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Document Set ID: 24095782
Version: 12, Version Date: 05/09/2025