07/1173 - Notice - Change to existing approvaland concurrence agency aresponse [As Published] · 142007.1173.02

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environmental licences and permits
Notice

Change to an existing approval

4.1.43 Respondent and co-respondents for appeals under div 8

(1) Subsections (2) to (8) apply for appeals under section 4.1.27 to 4.1.29.

(2) The assessment manager is the respondent for the appeal.

(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) Any submitter may elect to become a co-respondent to the appeal.

(5) If the appeal is about a concurrence agency response, the concurrence agency is a co-respondent for
the appeal.

(6) if the appeal is only about a concurrence agency response, the assessment manager may apply to the
court to withdraw from the appeal.

(7) The respondent and any co-respondents for an appeal are entitled to be heard in the appeal as a party
to the appeal.

(8) A person to whom a notice of appeal is required to be given under section 4.1.41 and who is not the
respondent or a co-respondent for the appeal may elect to be a co-respondent.

(9) For an appeal under section 4.1.30-

' (a) the assessment manager is the respondent; and
(b) any entity that was a concurrence agency or a building referral agency for the development
application to which a notice under section 3.6.3 relates may elect to become a co-respondent.

 

4.1.44 Respondent and co-respondents for appeals under div 9

(1) This section applies if an entity is required under section 4.1.42 to be given a notice of an appeal.

(2) The entity given written notice is the respondent for the appeal.

(3) However, if under a provision of the section more than 1 entity is required to be given notice, only the
first entity mentioned in the provision is the respondent.

(4) The second entity mentioned in the provision may elect to be a co-respondent.

4.1.45 How an entity may elect to be a co-respondent
An entity that is entitled to elect to be a co-respondent to the appeal may do so, within 10 business days .
after notice of the appeal is given to the entity, by following the rules of court for the election.

4.1.46 Minister entitled to be represented in an appeal involving a State interest :
If the Minister is satisfied that an appeal involves a State interest, the Minister is entitled to be represented in

the appeal.

4.1.47 Lodging appeal stops certain actions
- (1) If an appeal (other than an appeal under section 4.1.30) is started under division 8, the development
must not be started until the appeal is decided or withdrawn.
(2) Despite subsection (1), if the court is satisfied the outcome of the appeal would not be affected if the
development or part of the development is started before the appeal is decided, the court may allow the
development or part of the development to start before the appeal is decided.

 

Page 6 of 6 Department of Environment and Resource Management