Decision Notice

ATTACHMENT 2

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court

(L) Schedule 1 states

(a) matters that may be appealed to-

(i) either a tribunal or the P&E Court; or

(ii) only a tribunal; or

(iii) only the P&E Court; and

(b) the person—

(@ who may appeal a matter (the appetiant); and

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(ii) who is a respondent in an appeal of the matter;

and

(iii) who is a co-respondent in an appeal of the matter;
and

(iv) who may elect to be a co-respondent in an appeal

of the matter.

(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is

(a) for an appeal by a building advisory agency—10
business days after a decision notice for the decision is
given to the agency; or

(b) for an appeal against a deemed refusal-—at any time
after the deemed refusal happens; or

(c) for an appeal against a decision of the Minister, under
chapter 7, part 4, to register premises or to renew the
registration of premises—20 business days after a notice

is published under section 269(3)(a) or (4); or

(d) for an appeal against an infrastructure charges
notice—20 business days after the infrastructure

charges notice is given to the person; or

(e) for an appeal about a deemed approval of a
development application for which a decision notice has
not been given—30 business days after the applicant

gives the deemed approval notice to the assessment
manager; or

() for any other appeal--20 business days after a notice of
the decision for the matter, including an enforcement
notice, is given to the person.

Note -

See the P&E Court Act for the court's power to extend the appeal
period.

(4) Each respondent and co-respondent for an appeal may be
heard in the appeal.

[s 230]

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Authorised by the Parliamentary Counsel

(3) fan appeal is only about a referral agency’s response, the
assessment manager may apply to the tribunal or PRE Court
to withdraw from the appeal.

(6) To remove any doubt, it is declared that an appeal against an
infrastructure charges notice must not be about—

(a) the adopted charge itself; or

() for a decision about an offset or refund -

(Y the establishment cost of trunk infrastructure

identified in a LGIP; or

(ii) the cost of infrastructure decided using the method
included in the local government's charges

resolution.

230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of
the tribunal or P&E Court, a notice of appeal that--

(a) is in the approved form; and

(6) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee.

(3) The appellant or, for an appeal to a tribunal, the registrar
must, within the service period, give a copy of the notice of
appeal to—

(a) the respondent for the appeal; and

(b) each co-respondent for the appeal: and

(©) for an appeal about a development application under
schedule 1, table 1, item 1—each principal submitter for
the development application; and

(@) for an appeal about a change application under
schedule 1, table 1, item 2—each principal submitter for
the change application; and

(€) each person who may elect to become a co-respondent

$BA2017-2468

Jor the appeal, other than an eligible submitter who is

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Authorised by the Parliamentary Counsel

not a principal submitter in an appeal under paragraph

(c) or (a); and

@ for an appeal to the P&E Court-— the chief executive;
and

(2) for an appeal to a tribunal under another Act—any
other person who the registrar considers appropriate.

(4) The service period is—

(a) if a submitter or advice agency started the appeal in the
P&E Court—2 business days after the appeal is started;

or

(b) otherwise—10 business days after the appeal is started.
(3) A notice af appeal given to a person who may elect to be a
co-respondent must state the effect of subsection (6),

(6) A person elects to be a co-respondent by filing a notice of
election, in the approved form, within 10 business days after
the notice of appeal is given to the person.

231 Other appeals

(1) Subject to this chapter, schedule 1 and the P&E Court Act,
unless the Supreme Court decides a decision or other matter
under this Act is affected by jurisdictional error, the decision
or matter is non-appealable.

(2) The Judicial Review Act 1991, part 5 applies to the decision
or matter to the extent it is affected by jurisdictional error.
(3) A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1991 in relation to
the decision or matter, may apply under part 4 of that Act for
a statement of reasons in relation to the decision or matter.
(4) In this section -

decision includes --

(a) conduct engaged in for the purpose of making a
decision; and

[s 232]

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Authorised by the Parliamentary Counsel

(®) other conduct that relates to the making of a decision;
and

(¢) the making of a decision or the failure to make a
decision; and

(@) a purported decision; and

(e) a deemed refusal.

non-appealable, for a decision or matter, means the decision
or matter—

(a) is final and conclusive; and

(B) may not be challenged, appealed against, reviewed,
quashed, set aside or called into question in any other

way under the Judicial Review Act 1991 or otherwise,
whether by the Supreme Court, another court, a tribunal

or another entity; and

(c) is not subject to any declaratory, injunctive or other
order of the Supreme Court, another court, a tribunal or
another entity on any ground.

232 Rules of the P&E Court

(1) A person who is appealing to the P&E Court must comply
with the rules of the court that apply to the appeal.

(2) However, the P&E Court may hear and decide an appeal even
if the person has not complied with rules of the P&E Court

Extract from Planning Act 2016 March 2016

Page 8
Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017