SPA Decision Notice [As Published] · 132010.334

                                                                                            2010/334




Equitable Access And Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)     The Disability Discrimination Act 1992 (Commonwealth)
(b)     Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)     The building and environs should be designed to meet the requirements of the Human
        Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
        1428.2
(b)     Applicants should be aware that a “Disability Standard on Access to premises” is currently
        being developed and most likely will impose changes on the Building Code of Australia
(c)     Any services and facilities in the building complex should allow independent, dignified and
        equitable use of the services and facilities for all people.
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.
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.

9     PROPERTY NOTES
Not applicable.

10    PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

11    FURTHER DEVELOPMENT PERMITS REQUIRED

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

12    SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
Detached Driveways Code

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