Decision Notice OPW14-0034 55 Wyuna Dv Noosaville · OPW14/0034

                                                                                                       OPW14/0034



                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



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



                                                                                                                Page 6 of 7