07/2238 - Referral Agency Response - DNRW [As Published] · 132007.2238

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

 

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