07/1842 - Referral agency response [As Published] · 132007.1842

Referral Agency Response
S 3.3.16 Integrated Planning Act 1997

1.

Application information

1.2 Applicant’s name Helen Sheehy and Angela Piluris

1.3 Property description Lot 1 RP852020 - Noosa Shire

1.4 Assessment Manager/Reference Noosa Shire Council 2007/1842
1.5 Date application was referred to Department 19 October 2007

1.6 Departmental Reference eLVAS Case No: 2007/010318
File Ref. No: NOO7671
Trackjob No: 1C1007NAM0010

1.7 Type of development sought by the application Material Change of Use

Concurrence Agency Matters
Vegetation Management Act 1999

The Department of Natural Resources and Water (NRW) has assessed the
application against the Concurrence Agency Policy for Material Change of Use
(MCU) 23 August 2007 and has determined that the application meets the
requirements of Criteria Table D, because clearing as a result of the MCU will be—

« On freehold land;

¢ Limited to what is necessary to build a single residence on an existing lot and
any reasonably associated infrastructure; and

e Ona lot where no other residence exists on the lot.

Consequently, the chief executive of NRW would like to inform the assessment
manager that NRW has no concurrence agency requirements in regard to the
application.

Third Party Matters

The Chief Executive of the Department of Natural Resources and Water provides the
following advice to assist the Assessment Manager to fully consider the application.

Aboriginal Cultural Heritage Act 2003

NRW also takes this opportunity to advise Council of the responsibilities of applicants
under the Aboriginal Cultural Heritage Act 2003. Council may wish to include this
information as an Advisory Note on the Decision Notice issued for the application.

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 $750,000 for a
corporation and $75,000 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 NRW 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