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SUPERSEDED - Decision Notice - OPW23 0084 [As Published]
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9. A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements; or
b. Submitted certification falsely states works comply with approval requirements.
Environmental Advisory Notes
10. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Retention of Existing Trees
11. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
12. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
13. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking rehabilitation construction and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
d. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and AS2302 – Tree stock for landscape use
and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
e. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
f. Preparing certification and managing declared plant pests, is considered to be:
i. a landscape architect with a minimum of 3 years current experience in the field
of pest plant management;
ii. a botanist or ecologist with a minimum of 3 years current experience in the field
of pest plant management; or
iii. an environmental consultant with a minimum of 3 years current experience in the
field of pest plant management.
Page 9 of 12
Document Set ID: 22571595
Version: 3, Version Date: 06/09/2023
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