Delegated Report - Code - Planning MCU23 0134 · MCU23/0134

               20.    This approval lapses where the construction of the jetty has not commenced within two (2)
                      years of the date of issue of the approval, unless application is made and approved by
                      Council for an extension.
               21.    After completion, the proposed works must be maintained in a sound state of repair in
                      accordance with the approved plans.
               5.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                  Response
                                       Address

                Concurrence            Department of State      Schedule 10, Part 17,        The agency provided its
                                       Development,             Division 1 – Tidal Works     response on 13
                                       Manufacturing,           or                           November 2023
                                       Infrastructure, and                                   (Reference No. 2311-
                                                                work in a Coastal
                                       Planning (SARA)                                       37725 SRA).
                                                                Management District
                                       SARA – SEQ North                                      A subsequent GIA
                                       Region Office                                         response was provided
                                       (07) 5352 9701 or                                     on 15 December 2023.
                                       email:                                                Copies of the
                                       SEQNorthSARA@dilgp                                    responses are attached
                                       .qld.gov.au

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      General Advisory Notes
               2.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
                      of the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               3.     The approval or conditions do not absolve the owner of the land from complying with all the
                      conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant
                      statues and/or statutory regulations in the execution and/or performance of said works.
               4.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.

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Document Set ID: 22751593
Version: 5, Version Date: 19/01/2024