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AS PUBLISHED Negotiated Decision Notice MCU23 0094 · MCU23/0094

of 31

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                      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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