Decision Notice - 010.2007.00002238.001 [As Published] · 132007.2238

                                                                                         2007/2238



Aboriginal Cultural Heritage Act 2003
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Development Permit for Building Works         All Building Works

11    SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code

12    SUBMISSIONS
There were seven (7) properly made submissions about the application. In accordance with
Integrated Planning Act 1997, the name and address of the principal submitter for each properly
made submission is provided and attached.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
1.    The proposed telecommunications facility will improve mobile phone and broadband coverage
      for Noosa Heads;
2.    The proposed telecommunications facility provides for the efficient provision and use of
      telecommunications services to the community consistent with the Desired Environmental
      Outcomes of The Noosa Plan; and
3.    The potential impacts of the telecommunications facility will be minimised by surrounding
      vegetation and its setback distances from nearby residences and surrounding roads.

14    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.



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