Decision Letter - Change to an Existing Approval - 010.2007.00002431.002 [As Published] · 142007.2431.02

                                                                                         2007/2431


5     REFERRAL AGENCY CONDITIONS

Not Applicable.

6     APPROVED PLANS
The approved plans for this development approval are listed in the following table:

 Plan No.                                Rev.    Plan Name                                     Date
 Operational Works Landscape Plan                LGGG 850 – LA01 01 of 03 - Issue D            Nov 07
                                                 prepared by Landgraphics
 Operational Works Landscape Plan                LGGG 850 LA02 of 03 - Issue C                 Nov 07
                                                 prepared by Landgraphics
 Operational Works Landscape Plan                LGGG 1206 Issue G sheets 1 and 2              January
 – Northwest Boundary                            prepared by Landgraphics                      2008

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1. On a Sunday or public holiday, at any time; or
      2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
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 (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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.


                                                                                        Page 3 of 6


[OCR of page images]
2007/2431

 

5 REFERRAL AGENCY CONDITIONS
Not Applicable.
6 APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan No. Rev. Plan Name Date

Operational Works Landscape Plan LGGG 850 —LA01 01 of 03 - Issue D Nov 07
prepared by Landgraphics

Operational Works Landscape Plan LGGG 850 LA02 of 03 - Issue C Nov 07
prepared by Landgraphics

Operational Works Landscape Plan LGGG 1206 Issue G sheets 1 and 2 January

— Northwest Boundary prepared by Landgraphics 2008

7 ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.

2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-

2.1. Ona Sunday or public holiday, at any time; or
2.2. Ona Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.

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 (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”. \t 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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

Page 3 of 6