Referral Agency Response DERM · MCU10/2127

                                                                                                                Notice
                                                                                  Advice Agency Response

         2.3 Material Change of Use - Land in or near a conservation estate.
             Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 22
             - The advice agency has provided recommendations to the Assessment Manager and those
                 recommendations are attached to this Notice.

3.       General advice to assessment manager
         Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
         issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
         application at: PO Box 573, Nambour Qld 4560.
         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.

         Aboriginal Cultural Heritage Act 2003
         DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of applicants
         under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to include this
         information as an Advisory Note on the Decision Notice issued for the application.
         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.


     Delegate                                                Enquiries:
                                                             Department of Environment and Resource Management
                                                             Centenary Square Building
                                                             Currie Street, Nambour Qld 4560
                                                             PO Box 573, Nambour Qld 4560
     Daniel Leo
     A/Senior Officer                                        Telephone + 61 7 5451 2256
     Regional Planning and Coordination (Nambour)            Facsimile + 61 7 5451 2260
     Planning and Assessment - South East Region             Website www.derm.gld.gov.au
     29 March 2011


     Attachments
         • Advice agency response - Cultural Heritage
         • Advice agency response - Referable Wetland and Conservation Estate




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