SUPERSEDED - Change to an Existing Approval (Construction Staging Plan) [As Published] · 132003.221132.7

                                                                                                 2003/221132

                                                        Appeal Rights
                                                       SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                       REGULATION 2009



  The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

MATERIAL CHANGE OF USE, RECONFIGURING A                           (3)     However, a submitter may not appeal if the
LOT & OPERATIONAL WORKS                                                   submitter—
Division 8 - Appeals to court relating to development                     (a) withdraws    the submission      before   the
applications                                                                 application is decided; or
461      Appeals by applicants                                            (b) has given the assessment manager a
(1)      An applicant for a development application may                       notice under section 339(1)(b)(ii).
         appeal to the court against any of the following-        (4)     The appeal must be started within 20 business
         (a) the refusal, or the refusal in part, of a                    days (the submitter’s appeal period) after the
            development application;                                      decision notice or negotiated decision notice is
                                                                          given to the submitter.
         (b) any condition of a development approval,
            another matter stated in a development                463   Additional and extended appeal rights for
            approval and the identification or inclusion                submitters      for   particular    development
            of a code under section 242                                 applications
         (c) the decision to give a preliminary approval          (1)     This section applies to a development
            when a development permit was applied                         application to which chapter 9, part 7
            for;                                                          applies.
         (d) the length of a period mentioned in section          (2)     A submitter of a properly made submission for
            341;;                                                         the application may appeal to the court about a
                                                                          referral agency’s response made by a
         (e) a deemed refusal of the development                          prescribed concurrence agency for the
             application.                                                 application.
(2)      An appeal under subsection (1)(a), (b), (c) or           (3)     However, the submitter may only appeal
         (d) must be started within 20 business days                      against a referral agency’s response to the
         (the applicant’s appeal period) after—                           extent it relates to—
         (a) if a decision notice or negotiated decision                  (a) if the prescribed concurrence agency is the
             notice is given—the day the decision notice                     chief    executive        (environment)—
             or negotiated decision notice is given to the                   development for an aquacultural ERA; or
             applicant; or
                                                                          (b) if the prescribed concurrence agency is the
         (b) otherwise—the day a decision notice was                         chief executive     (fisheries)—development
             required to be given to the applicant.                          that is—
(3)      An appeal under subsection (1)(e) may be                            (i)    a material change of use of premises
         started at any time after the last day a decision                          for aquaculture; or
         on the matter should have been made.
                                                                             (ii)   operational work that is the removal,
462      Appeals by submitters - general                                            damage or destruction of a marine
(1)      A submitter for a development application may                              plant
         appeal to the court only against-                        (4)     Despite section 462(1), the submitter may
         (a) the part of the approval relating to the                     appeal against the following matters for the
            assessment manager’s decision about any                       application even if the matters relate to code
            part of the application requiring impact                      assessment—
            assessment under section 314; or                              (a) a decision about a matter mentioned in
         (b) the part of the approval relating to the                        section 462(2) if it is a decision of the chief
            assessment manager’s decision under                              executive (fisheries);
            section 327.                                                  (b) a referral agency’s response mentioned in
(2)      To the extent an appeal may be made under                          subsection (2).
         subsection (1), the appeal may be against 1 or           464   Appeals by advice agency submitters
         more of the following—
                                                                  (1)     Subsection (2) applies if an advice agency, in
         (a) the giving of a development approval;                        its response for an application, told the
         (b) any provision of the approval including—                     assessment manager to treat the response as
                                                                          a properly made submission.
            (i)     a condition of, or lack of condition for,
                    the approval; or                              (2)     The advice agency may, within the limits of its
                                                                          jurisdiction, appeal to the court about—
            (ii)    the length of a period mentioned in
                    section 341 for the approval.

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