REC11/0024 Advice Agency Response DERM

                                                                                                       Notice
                                                                                     Advice Agency Response


provenance where possible. A rehabilitation/ revegetation management plan including weed management
strategies may assist in determining the rehabilitiation requirements for the development. Conditioning of any
approval with building or development envelope(s) may also be a useful way to give formal effect to any
required buffer area.

The Assessment Manager should consider requiring applicants to provide a Stormwater Management Plan
to demonstrate how stormwater, sediment and other run-off from the site (associated with the construction
and operational phases of development) will be effectively managed to prevent adverse impacts on wetland
values. Potential impacts are to be addressed through water sensitive urban design including compliance
with South East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive
urban design - design objectives for urban stormwater management. For areas outside of the South-east
Queensland Regional Plan area any approval should recognise the requirements of the the Draft Urban
Stormwater -Queensland Best Practice Environmental Management Guidelines 20091.


General information for assessment managers
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.
Additional information for applicants

It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes
aware of a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act
1994) 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

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



I The Draft Urban Stomiwater -Queensland Best Practice Environmental Management Guidelines 2009, is available at:
http://www.derm.cild.gov.au/environmental management/water/environmental values environmental Protection water policy/draft urb
an stormwater abpem guideline 2009.html




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