SUPERSEDED - Decision Notice - 010.2008.00001704.001 [As Published] · 142008.1704

                                                                                         2008/1704



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.
3.     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.
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
 Nil

11     SELF ASSESSABLE CODES
Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable




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