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Final Judgment - Court Order Approval MCU16/0153 REC16/0041

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47.   Certification must be submitted to Council from a qualified person* prior to
      commencement of the use which certifies that the development has been constructed
      in accordance with the bushfire management conditions of this Decision Notice.
      *(Refer to Advisory Note)
      Environmental Management Plan
48.   An Environmental Management Plan (EMP) for the Site shall be prepared and
      implemented by persons holding appropriate environmental qualifications and proven
      expertise in the preparation and implementation of EMPs, to ensure that the impact on
      the environment of the construction and operation of the Development is minimised, the
      Environmental Values of the Site are protected and enhanced and the Development is
      ecologically sustainable.
49.   The EMP shall be cognisant of the following:-
      (a)   The EMP shall demonstrate a high level of environmental care and responsibility
            and be consistent with best practice for developments of this type in similar
            environments.
      (b)   The EMP shall detail the Developer’s environmental policy and the proposed
            environmental management system for the Site.
      (c)   The EMP shall specify:
            (i)     the performance targets, including those derived from the Conditions and
                    other requirements arising from legislation and other approvals;
            (ii)    how the performance targets are to be achieved;
            (iii)   who is responsible;
            (iv)    when the performance targets will be satisfied;
            (v)     how performance will be monitored;
            (vi)    corrective actions and contingency measures;
            (vii) reporting arrangements;
            (viii) auditing arrangements;
            (ix)    how the requirements are to be incorporated into construction and works
                    contracts;
            (x)     how the Developer’s employees, contractors and the contractor’s employees
                    will be informed and trained with respect to the environmental protection
                    requirements; and
            (xi)    enforcement and penalties for non-compliance.
      (d)   In particular, but without limitation, the EMP shall address the following issues in
            relation to the construction phase:
            (i)     legislative compliance;
            (ii)    soil erosion and sediment control;
            (iii)   vegetation protection;
            (iv)    fauna and fauna habitat protection;
            (v)     weed and pest control;
            (vi)    water quality protection;
            (vii) ground water protection;




                                             Page 13 of 46

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