Decision Notice & copies sent to DERM [As Published] · 132008.176

    2008/176




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documents’ and, i required, to provide an ASS Management Plan NRW requested

this information from the applicant in wntten correspondence dated 15 May 2008

The penod prescnbed within the /ntegrated Planning Act 1997 for the provision of this
Referral Agency Response ts about to expire and NRW has yet to receive adequate
supporting information from the applicant relating to the identification and

of ASS As section 5 3 of SPP2/02 requires an Assessment Manager
apm ane ree a in oe eye hated ey Whe, Bootes

decision on the application unt an ASS investigaon report and, if required, an ASS
Management Plan is submitted and assessed This will provide an opportunity for
NRW to give the Assessment Manager appropnate technical advice regarding the
ability of the proposal to meet Development Outcome 1 enunciated within SPP 2/02

. 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 the Assessment Manager of the
responsibilives of apphcants under the Abonginal Cultural Hentage Act 2003 The
Assessment Manager may wish to include this information as an Advisory Note on
the Decision Notice issued for the application

Under section 23 of the Abonginal Cultural Heritage Act 2003 a person who cames
out an actvity must take all reasonable and practcable measures to ensure the
actvity does not harm Aboniginal cultural hentage (the “cultural hentage 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 Abonginal cultural heritage if
they are acting in accordance with cultural hentage duty of care guidelines gazetted
under the Abonginal Cultural Hentage Act 2003, available on the NRW website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural
hentage management plan approved under part 7 of the Abonginal Cultural Hentage
Act 2003

Applicants are also encouraged to undertake a search of the Aboriginal Cultural
Hentage Database and the Abonginal Cultural Hentage Register, administered by the
Cultural Hentage Coordinaton Unit, NRW Application forms to undertake a free
search of the Cultural Hentage Register and the Database may be obtained by
contacting the Cultural Hentage Coordination Unit on (07) 3238 3838 or on the NRW
website www nrw gid gov au/cultural_hentage

Le _

Jeff Guinea

Senior Officer (Planning & Environment)
Nambour — South East Region
Authorised Delegate

12 June 2008

Attachment 1 Schedule A- Glossary

" SPP 2/02 and the SPP 2/02 Guideline are available from www ipa qid gov aulcodes/codespohows asp
‘The associated technical documents are available from hip /Mwww niw gid gov aulland/ass/products him!

Department of Natural Resources and Water ICOSOBNAMO002 Page 2 of 4

 

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