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SUPERSEDED - Minor Change Existing Approval 132004.5744.12 - (As Published)
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
8. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
9. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
10. 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 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
with the lodgement of any application for operational works over the site.
Infrastructure Charges
11. This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be
issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue.
Aboriginal Cultural Heritage Act 2003
12. 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 Unit on 07 3247 6212 to discuss any obligations under
the ACH Act.
7. PROPERTY NOTES
Not Applicable
8. VARIATION APPROVAL DETAILS
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building works All Building Works
Page 14 of 16
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10.
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 — Control of Nuisances.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder's waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
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 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
with the lodgement of any application for operational works over the site.
Infrastructure Charges
11.
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be
issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue.
Aboriginal Cultural Heritage Act 2003
12.
7.
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 Unit on 07 3247 6212 to discuss any obligations under
the ACH Act.
PROPERTY NOTES
Not Applicable
8.
VARIATION APPROVAL DETAILS
Not Applicable
9. | FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building works — All Building Works
Page 14 of 16
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