SUPERSEDED Negotiated Decision Notice - 010.2010.00000627.001 [As Published] · 152010.627

                                                                                          2010/627




Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)   The building and environs should be designed to meet the requirements of the Human Rights
      and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
(b)   Applicants should be aware that a “Disability Standard on Access to premises” is currently
      being developed and most likely will impose changes on the Building Code of Australia
(c)     Any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
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

Not applicable.

11    SELF ASSESSABLE CODES
Not applicable.

12    SUBMISSIONS
Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.
14    RIGHTS OF APPEAL

You have continuing appeal rights in respect of Council’s decision on your application. A copy of the
relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

15    OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.




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