Sealed Judgement Neate 1219 of 2020 · MCU18/0015

     Advisory Notes
     Aboriginal Cultural Heritage Act 2003
1.   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 to discuss any obligations under the ACH Act.
     Equitable Access and Facilities
2.   The plans for the proposed building work have NOT been assessed for compliance with the
     requirements of the National Construction Code - Building Code of Australia (Volume 1) as
     they relate to people with disabilities. Your attention is also directed to the fact that in addition
     to the requirements of the National Construction Code as they relate to people with
     disabilities, one or more of the following may impact on the proposed building work:
     a.    the Disability Discrimination Act 1992 (Commonwealth);
     b.    the Anti-Discrimination Act 1991 (Queensland); and
     c.    the Disability (Access to Premises – Buildings) Standards.
     Short Stay Letting
3.   On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
     hosted accommodation. The local law commenced on 1 February 2022. A one off application
     will need to be made, under the new local law, for all existing and new properties operating
     short stay letting or home hosted accommodation, unless identified as exempt.
     For more information and application forms, please visit Council’s website below:
     https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
     Development Compliance Inspection
4.   Prior to the commencement of the use, please contact Council's Development Assessment
     Branch to arrange a Development Compliance Inspection.
     Nature and Extent of Approved Development
5.   The assessment of this development was based on a proposal having a maximum
     construction footprint and building footprint as depicted on the Approved Plans.
     Infrastructure Charges
6.   All developments and/or changes to existing developments may require payment of
     “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
     made pursuant to the planning legislation and regulations current at the time of issue.
     Nature Conservation Act
7.   It is the responsibility of the applicant to ensure compliance with the Nature Conservation
     Wildlife Management Regulation 2006 which is regulated by the State Government.
     There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
     Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
     Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
     Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-



                                                                                                   15