Decision Notice - Concurrence Agency - EPA [As Published] · 142008.252

                                                                                            2008/252

Division 9 - Appeals to court about other
matters                                                Appeals by applicants
Appeals for matters arising after approval given       4.2.9(1) An applicant for a development application
(no co-respondents)                                    may appeal to the Building and Development
4.1.31.(1) A person to whom any of the following       Tribunal against any of the following-
notices have been given may appeal to the court        (a) the refusal, or the refusal in part, of a
against the decision in the notice-                        development application;
(a) a notice giving a decision on a request to         (b) a matter stated in a development approval,
    change or cancel a condition of a development          including any condition applying to the
    approval.                                              development, and the identification of a code
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(b) a notice under section 6.1.44 giving a decision        under section 3.1.6;
    to change or cancel a condition of a               (c) the decision to give a preliminary approval
    development approval.                                  when a development permit was applied for;
    (2) The appeal must be started within 20           (d) the length of a period mentioned in section
business days after the day the notice of the              3.5.21 currency period;
decision is given to the person.
                                                       (e) a deemed refusal.
    (3) Also, a person who has made a request
                                                           (2) An appeal under subsection (1)(a) to (d)
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.         must be started within 20 business days (the
                                                       “applicant’s appeal period”) after the day the
    (4) An appeal under subsection (3) may be          decision notice or negotiated decision notice is
started at any time after the last day the decision    given to the applicant.
on the matter should have been made.
                                                           (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval           started at any time after the last day a decision on
conditions under the repealed Act                      the matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a        The Registrar for the Building and Development
decision made on an application to change the          Tribunal may be contacted at the website
conditions attached to an approval given under         http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-                       For Infrastructure Charges Only
(a) the decision; or                                   4.1.36 Appeals about particular infrastructure
(b) a deemed refusal of the application.               charges
    (2) An appeal under subsection (1)(a) must be      (1) This section applies to a person who has
started within 20 business days after the day notice   been given, and is dissatisfied with, an
of the decision is to be given to the person.          infrastructure charges notice or a regulated State
                                                       infrastructure charges notice.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on   (2) The person may appeal to the court against
the matter should have been made.                      the notice.
Appeals against local laws                             (3) The appeal must be started within 20 business
                                                       days after-
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions       (a) if the notice is given because of a
applied under a local law about the use of premises         development approval or master plan
or the erection of a building or other structure            approval-the day the applicant is given notice
permitted by the planning scheme may appeal to              of the decision about the approval; or
the court against the decision or the conditions       (b) otherwise-the day the notice is given to the
applied.                                                    person.
    (2) The appeal must be started within 20           (4) An appeal under this section may only be
business days after the day notice of the decision     about-
is given to the applicant.                             (a) whether a charge in the notice is so
For Building Works Only                                     unreasonable that no reasonable relevant local
Rights of appeal conferred by Section 4.2.9 of the          government, State infrastructure provider or
Integrated Planning Act 1997 as follows:                    coordinating agency could have imposed it; or
Division 3 – Appeals to tribunals relating to          (b) an error in the calculation of the charge.
development applications                               (5) To remove any doubt, it is declared that an
                                                       appeal under this section can not be about the
                                                       methodology used to establish the charge in the

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     Section 6.1.44 (Conditions may be changed or
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    cancelled by assessment manager or concurrence          Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                       local planning instrument)
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