Attachement 5 - Copy of original MCU

Noosa Council documents

 

x w NOOSA Appeal Rights
4 Bi (SOS s PLANNING ACT 2016 & PLANNING REGULATION 2017

 

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 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-
(i) who may appeal a matter (the appellant); and
(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 us 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

(f) 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.

(5)

If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E 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
(b) for a decision about an offset or refund-

(i) the establishment cost of trunk infrastructure identified in
aLGIP; 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
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.

Document Set ID: 21099779
Version: 3, Version Date: 10/03/2020

(3)

(4

(5)

(6)

231

(2

(3)

(4

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

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

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

(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and

(f) for an appeal to the P&E Court — the chief executive; and

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

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 has started; or

(b) otherwise — 10 business days after the appeal is started.

A notice of appeal given to a person who may elect to be a co-

respondent must state the effect of subsection (6).

Aperson 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.

Other appeals

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.

The Judicial Review Act 19917, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.

A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 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.

In this section —
decision includes-

(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) 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)

(2)

Aperson who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.

However, the P&E Court may hear and decide an appeal even

if the person has not complied with the rules of the P&E Court

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Print Date: 10 March 2020, 11:31 AM