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07/2238 - Referral Agency Response - DNRW [As Published] · 132007.2238
, Queensland Government ’* Natural Resources and Water Author: Shinlene Friske File / Ref number: 2007/011648:379977 Recfind No: GYV/001159 C Trackjob No: 1C1107GYM0005 . Your Ref: 4002972.01 \ . Unit: Vegetation Management Unit Phone: 07 5480 5333 } 4 December 2007 _specaw 2) 5 DEC - NOCSA : SHRESOUBCL =, Dear Mr Bullock Application for Material Change of Use on Lot 15 SP177649, Noosa Shire Council — Referral Agency Response The Department of Natural Resources and Water acting as a Concurrence Agency, has completed the assessment of the above application against the Concurrence Agency Policy for Material Change of Use. A Referral Agency Response, prepared pursuant to section 3.3.16(1) of the Integrated Planning Act 1997, is enclosed. We further advise that Section 3.5.9 of the Integrated Planning Act 1997 makes provision for an applicant to give written notice to the Assessment Manager to stop the decision- making period (for not more than 3 months) at any time before the decision is made. This is to enable representations to be made to a referral agency about the referral agency response. Should you have any questions about the above, please contact Brett Johnson, Senior Vegetation Management Officer on telephone number 07 5480 5333, quoting the above reference number. Yours sincerely Shirlene Friske Administration Officer NRW Gympie PO Box 383 Gympie Qld 4570 Telephone (07) 5480 5333 Facsimile (07) 5480 5301 Website = www.nrw.qid.gov.au ABN 83 705 537 586
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Att. Your Ref: 2007/2238 Ms Colleen Keegan Noosa Shire Council PO Box 141 Tewantin Qld 4565 Natural Resources and Water Page 2 of 2
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Department of Natural Resources and Water — Referral agency response Given under Section 3.3.16 of the Integrated Planning Act 1997 1. Application details 1.1. Applicant’s name Telstra Corporation Pty Ltd 1.2. Property description Lot 15 on SP177649 1.3. Development type Material Change of Use (MCU) 1.4. Assessment manager Noosa Council 1.5. Assessment manager reference 2007/2238 1.6. Referral date 22 November 2007 1.7. Our references eLVAS — 2007/011648 RecFind -GYV/001159 TrackJob — IC1107GYMO0005 2. Concurrence agency response The chief executive of the Department of Natural Resources and Water (NRW) directs the assessment manager to include the following condition in any development approval given for the above mentioned application— 2.1. No clearing of remnant vegetation is to occur as a result of the Material Change of Use of Lot 15 on SP177649. Any future clearing of remnant vegetation will require a development approval, unless the clearing of remnant vegetation is exempt under Schedule 8 of the integrated Planning Act 1997. 3. Reasons for the concurrence agency response NRW has assessed the application against the Concurrence Agency Policy for Material Change of Use (MCU) 23 August 2007 (MCU Policy) and has determined that the application meets the requirements of Criteria Table A, because clearing as a result of the MCU will not occur within assessable vegetation. The chief executive of NRW has directed the assessment manager to include a condition in any development approval given for the above mentioned application to ensure that— ° Clearing as a result of the MCU does not occur within assessable vegetation; and ° The application remains consistent with the MCU Policy. 4. Aboriginal cultural heritage advice 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 that the activity does not harm Aboriginal cultural heritage (the ‘cultural heritage duty of care’). Maximum penalties for breaching the cultural heritage duty of care are $750 000 for a corporation and $75 000 for an individual. Applicants will comply with the cultural heritage duty of care in relation to Aboriginal cultural heritage if they are acting in compliance with the 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 Page 1 of 2
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NRW - Referral agency response 2007/011648 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 should also undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, NRW. Application forms to undertake a free search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW website— www. nrw.qid.gov.au/cultural_ heritage. 5. Delegated officer signature Y Mr Brett Johnson Senior Vegetation Management Officer South East Region, NRW 30 November 2007 Page 2 of 2
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