2. Request to Change Approval

        i.   Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006 must
             obtain a Food Business License from council’s Environmental Health Section prior to
             use of those premises. Note: the business currently holds a Food Business licence no.
             FH10/ 0138.
       ii.   Plans and an application for amendment of Food Business Licence is to be made to
             council’s Environmental Health Section for approval prior to any building approval,
             fitting out or use of the premises. Note: a full plan assessment fee may apply if there
             are major alterations food preparation area.
      iii.   A statement indicating the purpose of the food premises, type of food sold, proposed
             menu and maximum number of patrons at any time, is to accompany the application for
             plan approval.
      iv.    Construction and use of the food premises must comply with the “Food Premises
             Design Construction and Fit-Out Guide” and the Food Safety Standards.
       v.    Certification by a suitably qualified person* that the plan design and/or installation and
             operation of the mechanical exhaust ventilation system, complies with Australian
             Standard 1668 and the requirements of this Decision Notice must be submitted with the
             application for Licence. Completed Building Act 1975 Certificate Forms 15 and Form
             16 must also be provided prior to commencement of food preparation.
      vi.    Horizontal hot air discharge from the mechanical exhaust ventilation system in the
             direction of neighboring properties and/or the street precincts is not desirable and may
             constitute an environmental nuisance under the Environmental Protection Act 1994.
     vii.    Toilets for customers and staff to be provided in accordance with the Building Code of
             Australia. Design advice is to be obtained from a building certifier on numbers and
             standards, including disabled access.
     viii.   For the purpose of certifying the kitchen mechanical exhaust ventilation system, a
             suitably qualified person is considered to be:
                i.   a Registered Professional Engineer of Queensland;
               ii.   the manufacturer for the purposes of certifying the Building Act 1975
                     Certificate Form 15
              iii.   a Qld Building Construction Commission Licenced Building Certifier for the
                     purposes of certifying the Building Act 1975 Certificate Form 16
       Environmental Protection Act
6.     It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of
       land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Act) is being
       carried out on the land, or that the land has been affected by a hazardous contaminant, they
       must, within 30 days after becoming so aware, give notice to the Department of Environment
       & Resource Management’s Contaminated Land Unit in the approved form.
7.     A person must not carry out any activity that causes, or is likely to cause, environmental harm
       unless the person takes all reasonable and practicable measures to prevent or minimise the
       harm. Environmental harm is defined as any adverse effect, or potential adverse effect
       whether temporary or permanent and of whatever magnitude, duration or frequency on an
       environmental value and includes environmental nuisance.
8.     Persons and entities, involved in the civil, earthworks, construction and operational phases
       of this development, are to adhere to their ‘general environmental duty’ to minimise the risk
       of causing environmental harm.
9.     The development must not cause any interference with the environment or amenity of the
       area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour,
       steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment,
       oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause
       undue disturbance or annoyance to persons or affect property not connected with the use.




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