2014-03-25 Planning & Organisation Committee Agenda Pages 81-167

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  25 MARCH 2014


The following overlay codes are applicable to this application:
     Biodiversity Overlay Code
     Natural Hazards Overlay Code
     Natural Resources Code

The primary issues arising from the assessment against both local government planning
schemes are detailed below.

6.5   Primary Assessment Issues
Aboriginal Cultural Heritage

Lake Weyba and its surrounds are known to be of Aboriginal cultural heritage significance. A
number of Aboriginal cultural heritage sites are recorded in the area, with the Indigenous Cultural
Heritage Study of Noosa Shire (April 2004) listing it as an area of significance. The Maroochy
Plan 2000 precinct description for the Lake Weyba Catchment Area also recognises the
catchment as being the homeland of the Gubbi Gubbi Aboriginal people.

A search undertaken of the Department of Environment & Natural Resource Management’s
Cultural Heritage Database and Register indicates a midden and scarred tree are known to exist
on Lot 1667 M37772 (which forms part of the send site to be dedicated as National Park). The
search did not indicate any recorded sites on the development site lots but the likelihood of sites
existing is high.

The applicant was asked to consult with the Aboriginal Traditional Owners of the site (now the
Kabi Kabi First Nation people, with their Native Title claim registered from August 2013), and
undertake a Cultural Heritage Assessment. As the development has the potential to disturb or
destroy Aboriginal cultural heritage places, it is important that the proposal demonstrates cultural
heritage issues have been identified and appropriately addressed. In its Further Information
Response the applicant provided a “Cultural Heritage Due Diligence Report”. The report includes
cultural heritage search results and observations from site inspections but did not seek traditional
owners’ views on the cultural significance of the site or the development. The report submits
that:
     No historic cultural heritage constraints were identified during [the] assessment. It is
      unlikely that any significant historic cultural heritage will impact on the development
      potential of the Project Area.

     Future heritage assessment works as part of a development application may be required
      by Council. However, it is anticipated that in the event that Council did require such works,
      they would be minimal.

The report recommends discussions with traditional owners be undertaken in order to prepare a
Cultural Heritage Management Plan. The applicant submits this would be undertaken as part of
further approvals required for the site and suggests that is reasonable, given the application only
seeks a preliminary approval.




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