Attachment E - Assessment Env Values Report

                                                   Lot on Plan Search



I refer to your submission in which you requested advice regarding Aboriginal or Torres Strait Islander cultural heritage
recorded at your nominated location.


The Cultural Heritage Database and Register have been searched in accordance with the location description provided,
and the results are set out in the above report.


Aboriginal or Torres Strait Islander cultural heritage which may exist within the search area is protected under the
terms of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003, even if the
Department of Aboriginal and Torres Strait Islander Partnerships has no records relating to it.


Under the legislation a person carrying out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal or Torres Strait Islander cultural heritage. This applies whether or not such places are
recorded in an official register and whether or not they are located on private land.


Please refer to our website https://www.datsip.qld.gov.au/people-communities/aboriginal-torres-strait-islander-
cultural-heritage for a copy of the gazetted Cultural Heritage Duty of Care Guidelines, which set out reasonable and
practicable measure for meeting the cultural heritage duty of care.


In order to meet your duty of care, any land-use activity within the vicinity of recorded cultural heritage should not
proceed without the agreement of the Aboriginal or Torres Strait Islander Party for the area, or by developing a
Cultural Heritage Management Plan under Part 7 of the legislation.


If your proposed activity is deemed a Category 5 activity pursuant to the Duty of Care Guidelines, there is generally a
high risk that it may harm cultural heritage. In these circumstances, the activity should not proceed without cultural
heritage assessment.


Where a category 5 activity is proposed, it is necessary to notify the Aboriginal or Torres Strait Islander Party and seek:

a.   Advice as to whether the area is culturally significant;
b.   If it is, agreement on how best the activity may be managed to avoid or minimise harm to any cultural heritage
     values.

The extent to which the person has complied with Cultural Heritage Duty of Care Guidelines and the extent the person
consulted Aboriginal or Torres Strait Islander Parties about carrying out the activity – and the results of the
consultation – are factors a court may consider when determining if a land user has complied with the cultural heritage
duty of care.


3 Feb 2020 15:15