Concurrence and Advice Agency Response - Department of Environment & Resource Management · OPW11/0116

                                                                                                               Notice
                                                      Concurrence and Advice Agency Response

         2.2    Material change of use – Environmentally relevant activities. Sustainable Planning Regulation
                2009 – Schedule 7, table 2, item 1
                – Conditions must attach to any development approval, and those conditions are attached to this
                  Notice.
3.       The Chief Executive, Department of Environment and Resource Management (DERM), advice agency
         response for the advice agency referral jurisdiction for the aspect of development involved with the
         application the subject of this Notice is to recommend to the assessment manager as follows:
         3.1    Various aspects of development – Acid sulfate soils. Sustainable Planning Regulation 2009 –
                Schedule 7, table 3, item 3.
                - Conditions that should attach to any development approval, and those conditions are attached
                       to this Notice.

4.       General advice to assessment manager
         Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice
         issued by the assessment manager must be forwarded to DERM as a referral agency for the relevant
         application at PO Box 573, Nambour QLD 4560.
         The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues
         for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for
         the relevant application has not provided notification to native title parties.


5.       Additional information for applicants
         Aboriginal Cultural Heritage Act 2003
         DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of
         applicants under the Aboriginal Cultural Heritage 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 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
         $1,000,000 for a corporation and $100,000 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 DERM 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 Cultural Heritage Coordination Unit,
         DERM. Application forms to undertake a free search of the Cultural Heritage Register and the Database
         may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the
         DERM website www.derm.qld.gov.au/cultural_heritage




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