MCU12/0047 DERM Response - Referable Wetland

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                                                                                                                Notice

                                                                                   Advice Agency Response



    approval with building or development envelope(s) may also be a useful way to give formal effect to any
    required buffer area.

    The assessment manager should consider requiring applicants to provide a Stormwater Management Plan

    to demonstrate how stormwater, sediment and other run-off from the site (associated with the construction

    and operational phases of development) will be effectively managed to prevent adverse impacts on wetland

    values. Potential impacts are to be addressed through water sensitive urban design including compliance
    with South East Queensland Regional Plan 2009-2031 Implementation Guideline No.7: Water sensitive
    urban design   -

                       design objectives for urban stormwater management.         For areas outside of the South-east

    Queensland Regional Plan area any approval should recognise the requirements of The Urban Stormwater

    Quality Planning Guidelines 2010.


    General information for assessment managers

    The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues for

    an I DAS   application rests with the assessment manager. Therefore, DERM as a referral agency for the
    relevant application has not provided notification to native title parties.

    Additional information for applicants

    It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes

    aware of a Notifiable   Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act
    1994) being carried out on the land, or that the land has been, or is being, contaminated by a hazardous
    contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written
    notice to the Department of Environment and Resource Management.



    Aboriginal Cultural Heritage

    Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take

    all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage

    (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $1,000,000 for a
    corporation and $100,000 for an individual.

    Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
    accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act

    2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the
    area or a cultural   heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act
    2003.

    Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the
    Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DERM.
    Application forms to undertake a free search of the Cultural Heritage Register and the Database may be
    obtained by contacting the Cultural Heritage Coordination Unit on (07)3239 3647 or on the DERM website

    www.derm.gld.gov.au/cultural heritage




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                                                                    Department of Environment and Resource Management