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Delegated Report - Code - Planning - MCU26 0047 (As Published)
Aboriginal Cultural Heritage Act 2003
5. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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Document Set ID: 24890887
Version: 9, Version Date: 31/08/2026
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