Appendix E Environmental Searches · MCU16/0099.01

                                                  Lot on Plan Search



I refer to your application in which you requested advice on Aboriginal cultural heritage places recorded on the above
location.

The Cultural Heritage Database and Register search has been completed and I would like to advise that no Aboriginal
cultural heritage is currently recorded in your specific search area, from the data provided by you. However, it is
probable that the absence of recorded Aboriginal cultural heritage places reflects a lack of previous cultural heritage
surveys of the area. Therefore, our records are not likely to reflect a true picture of the Aboriginal cultural heritage
values of the area.

I note that, pursuant to the Cultural Heritage Duty of Care Guidelines, you have advised that the proposed activity is a
'Category 5 activity'. As such, I take this opportunity to remind you that in accordance with those Guidelines:-
   Where an activity is proposed under category 5 there is generally a high risk that it could harm
Aboriginal cultural heritage. In these circumstances, the activity should not proceed without cultural heritage
assessment.
   Where an activity is proposed under category 5, it is necessary to notify the Aboriginal Party and seek:
   (a) Advice as to whether the feature constitutes Aboriginal cultural heritage; and
   (b) If it does, agreement as to how best the activity may be managed to avoid or minimise harm to any Aboriginal
cultural heritage.

I remind you also that the extent to which the person has complied with Cultural Heritage Duty of Care Guidelines and
the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results
of the consultation are factors a court may consider when determining if a party has complied with the duty of care.

Please refer to our website www.datsip.qld.gov.au/people-communities/aboriginal-and-torres-strait-islander-cultural-
heritage for a copy of the gazetted Cultural Heritage duty of care guidelines, which set out reasonable and practical
measures for meeting the duty of care.

Should you have any further queries, please do not hesitate to contact the approval officer on (07) 3405 3050.

Kind regards




The Director
Cultural Heritage | Community Participation | Department of Aboriginal and Torres Strait Islander Partnerships




Nov 27, 2019, 3:34 PM