Attachment 4 - Decision Notice MCU16 0130

                                                          Appeal Rights
                                                          SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                          REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009        (4)       Despite section 462(1), the submitter may appeal against the
(Chapter 7).                                                              following matters for the application even if the matters relate to code
                                                                          assessment—
MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                             (a)       a decision about a matter mentioned in section 462(2) if it is
OPERATIONAL WORKS                                                         a decision of the chief executive (fisheries);
                                                                          (b)       a referral agency’s response mentioned in subsection (2).

Division 8   Appeals to court relating to development                     464      Appeals by advice agency submitters
             applications and approvals                                   (1)      Subsection (2) applies if an advice agency, in its response for
                                                                          an application, told the assessment manager to treat the response as
461       Appeals by applicants                                           a properly made submission.
(1)       An applicant for a development application may appeal to the    (2)      The advice agency may, within the limits of its jurisdiction,
court against any of the following—                                       appeal to the court about—
(a)       the refusal, or the refusal in part, of the development         (a)      any part of the approval relating to the assessment
application;                                                              manager’s decision about any part of the application requiring impact
(b)       any condition of a development approval, another matter         assessment under section 314; or
stated in a development approval and the identification or inclusion of   (b)      any part of the approval relating to the assessment
a code under section 242;                                                 manager’s decision under section 327.
(c)       the decision to give a preliminary approval when a              (3)      The appeal must be started within 20 business days after the
development permit was applied for;                                       day the decision notice or negotiated decision notice is given to the
(d)       the length of a period mentioned in section 341;                advice agency as a submitter.
(e)       a deemed refusal of the development application.                (4)      However, if the advice agency has given the assessment
(2)       An appeal under subsection (1)(a), (b), (c) or (d) must be      manager a notice under section 339(1)(b)(ii), the advice agency may
started within 20 business days (the applicant’s appeal period) after—    not appeal the decision.
(a)       if a decision notice or negotiated decision notice is given—
the day the decision notice or negotiated decision notice is given to     465       Appeals about decisions relating to extensions for
the applicant; or                                                         approvals
(b)       otherwise—the day a decision notice was required to be          (1)       For a development approval given for a development
given to the applicant.                                                   application, a person to whom a notice is given under section 389,
(3)       An appeal under subsection (1)(e) may be started at any time    other than a notice for a decision under section 386(2), may appeal to
after the last day a decision on the matter should have been made.        the court against the decision in the notice.
                                                                          (2)       The appeal must be started within 20 business days after the
462      Appeals by submitters—general                                    day the notice of the decision is given to the person.
(1)      A submitter for a development application may appeal to the      (3)       Also, a person who has made a request under section 383
court only against—                                                       may appeal to the court against a deemed refusal of the request.
(a)      the part of the approval relating to the assessment manager’s    (4)       An appeal under subsection (3) may be started at any time
decision about any part of the application requiring impact assessment    after the last day the decision on the matter should have been made.
under section 314; or
(b)      the part of the approval relating to the assessment manager’s    466       Appeals about decisions relating to permissible changes
decision under section 327.                                               (1)       For a development approval given for a development
(2)      To the extent an appeal may be made under subsection (1),        application, the following persons may appeal to the court against a
the appeal may be against 1 or more of the following—                     decision on a request to make a permissible change to the approval—
(a)      the giving of a development approval;                            (a)       if the responsible entity for making the change is the
(b)      any provision of the approval including—                         assessment manager for the application—
(i)      a condition of, or lack of condition for, the approval; or       (i)       the person who made the request; or
(ii)     the length of a period mentioned in section 341 for the          (ii)      an entity that gave a notice under section 373 or a pre-
approval.                                                                 request response notice about the request;
(3)      However, a submitter may not appeal if the submitter—            (b)       if the responsible entity for making the change is a
(a)      withdraws the submission before the application is decided;      concurrence agency for the application—the person who made the
or                                                                        request.
(b)      has given the assessment manager a notice under section          (2)       The appeal must be started within 20 business days after the
339(1)(b)(ii).                                                            day the person is given notice of the decision on the request under
(4)      The appeal must be started within 20 business days (the          section 376.
submitter’s appeal period) after the decision notice or negotiated        (3)       Also, a person who has made a request under section 369
decision notice is given to the submitter.                                may appeal to the court against a deemed refusal of the request.
                                                                          (4)       An appeal under subsection (3) may be started at any time
463       Additional and extended appeal rights for submitters for        after the last day the decision on the matter should have been made.
particular development applications
(1)       This section applies to a development application to which      467      Appeals about changing or cancelling conditions
chapter 9, part 7 applies.                                                imposed by assessment manager or concurrence agency
(2)       A submitter of a properly made submission for the application   (1)      A person to whom a notice under section 378(9)(b) giving a
may appeal to the court about a referral agency’s response made by a      decision to change or cancel a condition of a development approval
prescribed concurrence agency for the application.                        has been given may appeal to the court against the decision in the
(3)       However, the submitter may only appeal against a referral       notice.
agency’s response to the extent it relates to—                            (2)      The appeal must be started within 20 business days after the
(a)       if the prescribed concurrence agency is the chief executive     day the notice of the decision is given to the person.
(environment)—development for an aquacultural ERA; or
(b)       if the prescribed concurrence agency is the chief executive
(fisheries)—development that is—
(i)       a material change of use of premises for aquaculture; or
(ii)      operational work that is the removal, damage or destruction
of a marine plant.                                                        t




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