SUPERSEDED - Change to an Existing Approval (Construction Staging Plan) [As Published] · 132003.221132.7

                                                                                      2003/221132

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

                                                                                     Page 27 of 27