08/0774 - Decision Notice [As Published] · 142008.774

                                              -4-                                  2008/774


3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991
   Act if the cost of operational works exceeds $80,000, then a portable long service leave
   levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is
   required to sight the approved form issued by the Building and Construction Industry
   (Portable Long Service Leave) Authority that confirms that the requirements of the Act
   have been satisfied. A statutory declaration outlining the cost of the operational works
   must be submitted to Council prior to the commencement of any works over the site.
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.
8      PROPERTY NOTES
Not applicable
9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of         Development      Permit Subject of the required Development Permit
 required
 Nil

11     SELF ASSESSABLE CODES
Nil
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.