Decision Notice - 010.2009.00000730.001 [As Published] · 142009.730

                                                                                          2009/730



1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the Integrated
   Planning Act must be made. Amended plans clearly indicating the changes must be lodged with
   this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
   Local Law No. 12, prevents a builder or building contractor carrying out building work on a
   building site in a way that makes or causes audible noise to be made from the building work:-
       2.1. On a Sunday or public holiday, at any time; or
       2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
       A maximum penalty of $1,500 applies to an offence under this legislation.
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 leave 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 prior to commencement of work.

5        REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger              Referral Status    Referral Agency        Referral Address

 Nil

6        APPROVED PLANS/DOCUMENTS

The approved plans for this development approval are listed in the following table:
 Plan / Document No.         Rev.    Plan / Document Name                      Date
 09/81-1                             Working DRG - John Norden and June 2009
                                     Associates
 09/81-2                             Working DRG - John Norden and June 2009
                                     Associates

7        ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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.
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