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

                                                                                                 23616DA


      (b) any part of the approval relating to the       (1)    A person to whom a notice under section
          assessment manager’s decision under                   378(9)(b) giving a decision to change or cancel
          section 327                                           a condition of a development approval has
(3)   The appeal must be started within 20 business             been given may appeal to the court against the
      days after the day the decision notice or                 decision in the notice.
      negotiated decision notice is given to the         (2)    The appeal must be started within 20 business
      advice agency as a submitter.                             days after the day the notice of the decision is
(4)   However, if the advice agency has given the               given to the person.
      assessment manager a notice under section          For Building Works Only
      339(1)(b)(ii), the advice agency may not appeal    532    Appeals by applicants
      the decision.
                                                         (1)    If—
465   Appeals about decisions relating to
      extensions for approvals                                  (a) a person has been given, or is entitled to be
                                                                   given—
(1)   For a development approval given for a
      development application, a person to whom a                   a.        an information notice under the
      notice is given under section 389, other than a                         Building Act about a decision
      notice for a decision under section 386(2), may                         other than a decision under that
      appeal to the court against the decision in the                         Act made by the Queensland
      notice.                                                                 Building Services Authority; or
(2)   The appeal must be started within 20 business                 b.        an information notice under the
      days after the day the notice of the decision is                        Plumbing and Drainage Act 2002
      given to the person.                                                    about a decision under part 4 or
                                                                              5 of that Act; or
(3)   Also, a person who has made a request under
      section 383 may appeal to the court against a             (b) a person—
      deemed refusal of the request                                 a.        was an applicant for a building
(4)   An appeal under subsection (3) may be started                           development approval; and r
      at any time after the last day the decision on                b.        is dissatisfied with a decision
      the matter should have been made.                                       under the Building Act by a
                                                                              building certifier or referral
466   Appeals about decisions           relating   to
                                                                              agency about inspection of
      permissible changes)
                                                                              building work the subject of the
(1)   For a development approval given for a                                  approval; the person may appeal
      development application, the following persons                          against the decision to a building
      may appeal to the court against a decision on a                         and development committee.
      request to make a permissible change to the
                                                         (2)    An appeal under subsection (1) must be started
      approval—
                                                                within 20 business days after the day the
      (a) if the responsible entity for making the              person is given notice of the decision.
         change is the assessment manager for the
                                                         (3)    If—
         application—
                                                                (a) under the Building Act, a person makes an
         (i)   the person who made the request; or
                                                                    application other than        a   building
         (ii)   an entity that gave a notice under                  development application to a local
                section 373 or a pre-request response               government; and
                notice about the request
                                                                (b) the period required under that Act for the
      (b) if the responsible entity for making the                  local government to decide the application
         change is a concurrence agency for the                     (the decision period) has passed; and
         application—the person who made the                    (c) the local government has not decided the
         request..
                                                                    application; the person may appeal to a
(2)   The appeal must be started within 20 business                 building and development committee
      days after the day the person is given notice of              against the lack of the decision and for the
      the decision on the request under section 376.                committee to decide the application as if it
(3)   Also, a person who has made a request under                   were the local government.
      section 369 may appeal to the court against a      (4)    An appeal under subsection (3) must be started
      deemed refusal of the request.                            within 20 business days after the end of the
(4)   An appeal under subsection (3) may be started             decision period.
      at any time after the last day the decision on
      the matter should have been made.
467   Appeals about changing or cancelling
      conditions     imposed      by     assessment
      manager or concurrence agency



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