23616DA - Change to Existing Approval [As Published] · 132003.221132.6

                                                                                                           23616DA


                                                      Appeal Rights
                                                      SUNSTAINABLE PLANNING ACT      2009     &   SUSTAINABLE
                                                      PLANNING REGULATION 2009



                                                                 (3)    However, a submitter may not appeal if the
                                                                        submitter—
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 6).                                          (a) withdraws     the submission      before   the
                                                                            application is decided; or
MATERIAL CHANGE OF USE, RECONFIGURING A                                 (b) has given the assessment manager a
LOT & OPERATIONAL WORKS                                                     notice under section 339(1)(b)(ii).
Division 8 - Appeals to court relating to development            (4)    The appeal must be started within 20 business
applications                                                            days (the submitter’s appeal period) after the
461      Appeals by applicants                                          decision notice or negotiated decision notice is
(1)     An applicant for a development application may                  given to the submitter.
        appeal to the court against any of the following-        463   Additional and extended appeal rights for
        (a) the refusal, or the refusal in part, of a                  submitters   for  particular development
            development application;                                   applications
        (b) any condition of a development approval,             (1)    This section applies to a development
            another matter stated in a development                      application to which chapter 9, part 7
            approval and the identification or inclusion                applies.
            of a code under section 242                          (2)    A submitter of a properly made submission for
        (c) the decision to give a preliminary approval                 the application may appeal to the court about a
            when a development permit was applied                       referral agency’s response made by a
            for;                                                        prescribed concurrence agency for the
                                                                        application.
        (d) the length of a period mentioned in section
                                                                 (3)    However, the submitter may only appeal
            341;;
                                                                        against a referral agency’s response to the
        (e) a deemed refusal of the development                         extent it relates to—
            application.
                                                                        (a) if the prescribed concurrence agency is the
(2)     An appeal under subsection (1)(a), (b), (c) or                      chief    executive        (environment)—
        (d) must be started within 20 business days                         development for an aquacultural ERA; or
        (the applicant’s appeal period) after—
                                                                        (b) if the prescribed concurrence agency is the
        (a) if a decision notice or negotiated decision                     chief executive (fisheries)—development
            notice is given—the day the decision notice                     that is—
            or negotiated decision notice is given to the
            applicant; or                                                   (i)    a material change of use of premises
                                                                                   for aquaculture; or
        (b) otherwise—the day a decision notice was                         (ii) operational work that is the removal,
            required to be given to the applicant.                                 damage or destruction of a marine
(3)     An appeal under subsection (1)(e) may be                                   plant
        started at any time after the last day a decision        (4)    Despite section 462(1), the submitter may
        on the matter should have been made.                            appeal against the following matters for the
462     Appeals by submitters - general                                 application even if the matters relate to code
(1)     A submitter for a development application may                   assessment—
        appeal to the court only against-                               (a) a decision about a matter mentioned in
        (a) the part of the approval relating to the                        section 462(2) if it is a decision of the chief
            assessment manager’s decision about any                         executive (fisheries);
            part of the application requiring impact                    (b) a referral agency’s response mentioned in
            assessment under section 314; or                                subsection (2).
        (b) the part of the approval relating to the             464   Appeals by advice agency submitters
            assessment       manager’s     decision    under     (1)    Subsection (2) applies if an advice agency, in
            section 327.
                                                                        its response for an application, told the
(2)     To the extent an appeal may be made under                       assessment manager to treat the response as
        subsection (1), the appeal may be against 1 or                  a properly made submission.
        more of the following—                                   (2)    The advice agency may, within the limits of its
        (a) the giving of a development approval;                       jurisdiction, appeal to the court about—
        (b) any provision of the approval including—                    (a) any part of the approval relating to the
            (i)     a condition of, or lack of condition for,               assessment manager’s decision about any
                    the approval; or                                        part of the application requiring impact
                                                                            assessment under section 314; or
            (ii)    the length of a period mentioned in
                    section 341 for the approval.
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