SPA Decision Notice - 010.2010.00000819.001 [As Published] · 142010.819

                                                                                          2010/819

(2)   The advice agency may, within the limits of its   467    Appeals about changing or cancelling
      jurisdiction, appeal to the court about—                 conditions imposed by assessment
      (a) any part of the approval relating to the             manager or concurrence agency
         assessment manager’s decision about            (1)    A person to whom a notice under section
         any part of the application requiring                 378(9)(b) giving a decision to change or
         impact assessment under section 314; or               cancel a condition of a development approval
      (b) any part of the approval relating to the             has been given may appeal to the court
          assessment manager’s decision under                  against the decision in the notice.
          section 327                                   (2)    The appeal must be started within 20
(3)   The appeal must be started within 20                     business days after the day the notice of the
      business days after the day the decision                 decision is given to the person.
      notice or negotiated decision notice is given     For Building Works Only
      to the advice agency as a submitter.              532    Appeals by applicants
(4)   However, if the advice agency has given the       (1)    If—
      assessment manager a notice under section
      339(1)(b)(ii), the advice agency may not                 (a) a person has been given, or is entitled to
      appeal the decision.                                        be given—
465   Appeals about decisions          relating   to               (i)       an information notice under the
      extensions for approvals                                               Building Act about a decision
                                                                             other than a decision under
(1)   For a development approval given for a                                 that Act made by the
      development application, a person to whom a
                                                                             Queensland Building Services
      notice is given under section 389, other than                          Authority; or
      a notice for a decision under section 386(2),
      may appeal to the court against the decision                 (ii)      an information notice under the
      in the notice.                                                         Plumbing and Drainage Act
                                                                             2002 about a decision under
(2)   The appeal must be started within 20                                   part 4 or 5 of that Act; or
      business days after the day the notice of the
      decision is given to the person.                         (b) a person—
(3)   Also, a person who has made a request                        (i)       was an applicant for a building
      under section 383 may appeal to the court                              development approval; and r
      against a deemed refusal of the request                      (ii)      is dissatisfied with a decision
                                                                             under the Building Act by a
(4)   An appeal under subsection (3) may be
                                                                             building certifier or referral
      started at any time after the last day the
                                                                             agency about inspection of
      decision on the matter should have been
                                                                             building work the subject of the
      made.
                                                                             approval; the person may
466   Appeals about decisions relating to                                    appeal against the decision to
      permissible changes)                                                   a building and development
(1)   For a development approval given for a                                 committee.
      development application, the following            (2)    An appeal under subsection (1) must be
      persons may appeal to the court against a                started within 20 business days after the day
      decision on a request to make a permissible              the person is given notice of the decision.
      change to the approval—
                                                        (3)    If—
      (a) if the responsible entity for making the             (a) under the Building Act, a person makes
         change is the assessment manager for                       an application other than a building
         the application—                                           development application to a local
         (i)   the person who made the request;                     government; and
               or                                              (b) the period required under that Act for the
         (ii) an entity that gave a notice under                    local government to decide the
               section 373 or a pre-request                         application (the decision period) has
               response notice about the request                    passed; and
      (b) if the responsible entity for making the             (c) the local government has not decided
          change is a concurrence agency for the                    the application; the person may appeal
          application—the person who made the                       to a building and development
          request..                                                 committee against the lack of the
(2)   The appeal must be started within 20                          decision and for the committee to decide
      business days after the day the person is                     the application as if it were the local
      given notice of the decision on the request                   government.
      under section 376.                                (4)    An appeal under subsection (3) must be
(3)   Also, a person who has made a request                    started within 20 business days after the end
      under section 369 may appeal to the court                of the decision period..
      against a deemed refusal of the request.
(4)   An appeal under subsection (3) may be
      started at any time after the last day the
      decision on the matter should have been
      made.
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