Approved SPA Decision Notice [As Published] · 142010.662

                                                                                        2010/662

(2)   The advice agency may, within the limits of its   (4)   An appeal under subsection (3) may be
      jurisdiction, appeal to the court about—                started at any time after the last day the
      (a) any part of the approval relating to the            decision on the matter should have been
         assessment manager’s decision about                  made.
         any part of the application requiring          467   Appeals about changing or cancelling
         impact assessment under section 314; or              conditions imposed by assessment
      (b) any part of the approval relating to the            manager or concurrence agency
          assessment manager’s decision under           (1)   A person to whom a notice under section
          section 327                                         378(9)(b) giving a decision to change or
(3)   The appeal must be started within 20                    cancel a condition of a development approval
      business days after the day the decision                has been given may appeal to the court
      notice or negotiated decision notice is given           against the decision in the notice.
      to the advice agency as a submitter.              (2)   The appeal must be started within 20
(4)   However, if the advice agency has given the             business days after the day the notice of the
      assessment manager a notice under section               decision is given to the person.
      339(1)(b)(ii), the advice agency may not
      appeal the decision.
465   Appeals about decisions relating to
      extensions for approvals
(1)   For a development approval given for a
      development application, a person to whom a
      notice is given under section 389, other than
      a notice for a decision under section 386(2),
      may appeal to the court against the decision
      in the notice.
(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
      under section 383 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.
466   Appeals about decisions relating to
      permissible changes)
(1)   For a development approval given for a
      development application, the following
      persons may appeal to the court against a
      decision on a request to make a permissible
      change to the approval—
      (a) if the responsible entity for making the
         change is the assessment manager for
         the application—
         (i)   the person who made the request;
               or
         (ii) an entity that gave a notice under
               section 373 or a pre-request
               response notice about the request
      (b) if the responsible entity for making the
          change is a concurrence agency for the
          application—the person who made the
          request..
(2)   The appeal must be started within 20
      business days after the day the person is
      given notice of the decision on the request
      under section 376.
(3)   Also, a person who has made a request
      under section 369 may appeal to the court
      against a deemed refusal of the request.



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