MCU15.0034 Negotiated Decision Notice

                                                                                                                  MCU15/0034



                                                 Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009




The following is an extract from the Sustainable Planning Act       (1)   This section applies to a development application to
2009 (Chapter 7).                                                         which chapter 9, part 7 applies.
                                                                    (2)   A submitter of a properly made submission for the
MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                             application may appeal to the court about a referral
OPERATIONAL WORKS                                                         agency’s response made by a prescribed concurrence
                                                                          agency for the application.
Division 8      Appeals to court relating to development            (3)   However, the submitter may only appeal against a
                applications and approvals                                referral agency’s response to the extent it relates to—
                                                                          (a) if the prescribed concurrence agency is the chief
461     Appeals by applicants                                                   executive (environment)—development for an
(1)     An applicant for a development application may appeal                   aquacultural ERA; or
        to the court against any of the following—                        (b) if the prescribed concurrence agency is the chief
        (a) the refusal, or the refusal in part, of the                         executive (fisheries)—development that is—
              development application;                                          (i) a material change of use of premises for
        (b) any condition of a development approval, another                          aquaculture; or
              matter stated in a development approval and the                   (ii) operational work that is the removal, damage
              identification or inclusion of a code under section                     or destruction of a marine plant.
              242;                                                  (4)   Despite section 462(1), the submitter may appeal
        (c) the decision to give a preliminary approval when a            against the following matters for the application even if
              development permit was applied for;                         the matters relate to code assessment—
        (d) the length of a period mentioned in section 341;              (a) a decision about a matter mentioned in section
        (e) a deemed refusal of the development application.                    462(2) if it is a decision of the chief executive
(2)     An appeal under subsection (1)(a), (b), (c) or (d) must                 (fisheries);
        be started within 20 business days (the applicant’s               (b) a referral agency’s response mentioned in
        appeal period) after—                                                   subsection (2).
        (a) if a decision notice or negotiated decision notice
              is given—the day the decision notice or               464 Appeals by advice agency submitters
              negotiated decision notice is given to the            (1) Subsection (2) applies if an advice agency, in its
              applicant; or                                             response for an application, told the assessment
        (b) otherwise—the day a decision notice was                     manager to treat the response as a properly made
              required to be given to the applicant.                    submission.
(3)     An appeal under subsection (1)(e) may be started at         (2) The advice agency may, within the limits of its
        any time after the last day a decision on the matter            jurisdiction, appeal to the court about—
        should have been made.                                          (a) any part of the approval relating to the assessment
                                                                              manager’s decision about any part of the
462     Appeals by submitters—general                                         application requiring impact assessment under
(1)     A submitter for a development application may appeal                  section 314; or
        to the court only against—                                      (b) any part of the approval relating to the assessment
         (a) the part of the approval relating to the                         manager’s decision under section 327.
              assessment manager’s decision about any part of       (3) The appeal must be started within 20 business days
              the application requiring impact assessment               after the day the decision notice or negotiated decision
              under section 314; or                                     notice is given to the advice agency as a submitter.
         (b) the part of the approval relating to the               (4) However, if the advice agency has given the
              assessment manager’s decision under section               assessment manager a notice under section
              327.                                                      339(1)(b)(ii), the advice agency may not appeal the
(2)      To the extent an appeal may be made under                      decision.
         subsection (1), the appeal may be against 1 or more of
         the following—                                             465 Appeals about decisions relating to extensions for
        (a) the giving of a development approval;                       approvals
        (b) any provision of the approval including—                (1) For a development approval given for a development
              (i) a condition of, or lack of condition for, the         application, a person to whom a notice is given under
                   approval; or                                         section 389, other than a notice for a decision under
              (ii) the length of a period mentioned in section          section 386(2), may appeal to the court against the
                   341 for the approval.                                decision in the notice.
(3)     However, a submitter may not appeal if the submitter—       (2) The appeal must be started within 20 business days
        (a) withdraws the submission before the application             after the day the notice of the decision is given to the
              is decided; or                                            person.
        (b) has given the assessment manager a notice               (3) Also, a person who has made a request under section
              under section 339(1)(b)(ii).                              383 may appeal to the court against a deemed refusal of
(4)   The appeal must be started within 20 business days (the           the request.
      submitter’s appeal period) after the decision notice or       (4) An appeal under subsection (3) may be started at any
      negotiated decision notice is given to the submitter.             time after the last day the decision on the matter should
                                                                        have been made.
463 Additional and extended appeal rights for submitters
    for particular development applications                         466 Appeals about decisions relating to permissible
                                                                        changes

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