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AS PUBLISHED Negotiated Decision Notice MCU23 0094 · MCU23/0094
d. Manage works within waterways
i. Waterways, including perennial and permanent waterways, are not to be altered,
nor riparian (including rehabilitated) vegetation disturbed without prior written
approval of the relevant administering authority.
ii. Work within waterways is to be:-
A. only undertaken during the lower rainfall months;
B. promptly rehabilitated conforming to the natural channel form, substrates
and riparian vegetation as far as possible; and
C. undertaken in accordance with Best Practice Erosion and Sediment
Control, Appendix I – Instream works, Sections 14 and 16, (International
Erosion Control Association, 2008).
iii. Temporary vehicular crossings of waterways are to be designed and constructed
to convey flows for the 63%AEP and remain stable for all rainfall events up to the
10% AEP event of critical duration.
iv. ESCs are not to be constructed within the riparian buffer zone, unless it is not
feasible to site them elsewhere, and then only within cleared areas.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
33132-OW5.1 A Vehicle Turning Paths prepared by SCG 29.09.2023
Consulting Engineers
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
MATERIAL CHANGE OF USE & RECONFIGURING A LOT (MCU23/0094 & RAL23/0014)
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.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
Page 25 of 31
Document Set ID: 23011984
Version: 3, Version Date: 13/05/2024
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