Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20)

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NOOSA COUNCIL IDAS Development Application Decision Notice

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following ©

notices have been given may appeal to the court
against the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.

(b) a notice under section 6.1.44? giving a decision to
change or cancel a condition of a development
approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.

(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal-to the
court against a deemed refusal of the request.

(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. .

Appeals against decisions to change. approval
conditions under the repealed Act

4.1.334.(1) A person who is dissatisfied with a

decision made on an application to change the

conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-

(a) the decision; or
(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of

* the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.

(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.

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2 Section 6.1.44 (Conditions may be changed or cancelled by

assessment manager or concurrence agency in certain
circumstances)

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