Decision Letter - Change to an Existing Approval - 010.2008.00001704.003 [As Published] · 142008.1704.03

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3     RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4     ASSESSMENT MANAGER CONDITIONS

1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are numbered and titled:
      Plan / Document No.         Rev.     Plan / Document Name                          Date
      WD.707                      C12      Proposed Pontoon & Jetty by Kidd and Co       10 July 2009
                                           Designers

      and as may be amended by these conditions.
2.    Deleted.
3.    The pontoon must not exceed the maximum dimensions of 7 metres in length and 2 metres in
      width.
4.    The overall length of the regatta stairs shall not exceed the overall length of the pontoon.
5.    The regatta stairs shall be of open construction as indicated on the Kidd and Co Designers’
      architectural plan and shall not have vertical riser timbers as indicated on Schwabe Consulting
      Engineers’ plans.
6.    The regatta stairs shall be constructed as close as reasonably possible to the face of the rock
      revetment wall.
7.    All structures associated with the pontoon, including piles, must be constructed wholly within
      the approved Resource Entitlement Area.
8.    All parts of the existing jetty including paths and supporting elements below water level must
      be completely removed.
9.    Deleted.
10.   Deleted.
11.   No boatlifting devices for the purpose of elevating a vessel above the water are to be attached
      or moored at the structures without prior Council approval.
12.   Deleted.
13.   There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
14.   Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
15.   The pontoon is to be used for private purposes only with no commercial operations to be
      undertaken.
16.   Boat repair activities will not be permitted on site.
17.   Wastewater and sullage shall only be disposed of at approved pump out facilities.
18.   The mooring facility shall not be utilised for live-aboard purposes.
19.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.


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20.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. This approval
      does not warrant that such plans and specifications have been checked in detail, nor does it
      absolve the owner of the land from complying with all the conditions of this approval and/or
      relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in
      the execution and/or performance of said works. The Council does not accept any
      responsibility for the accuracy of such plans and specifications as approved.
21.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the pontoon and regatta stairs have been constructed in accordance with best practice
      methods, are accordance with Coastal Protection and Management Act 1995, are structurally
      sound and will have no detrimental affect on the existing revetment walls. A final inspection
      and approval of the structure by Council’s Inspector is also required prior to the return of any
      bond monies held by Council. Please contact Council’s Land Development Section to arrange
      the inspection.
22.   A final inspection and approval of the structure by Council’s Inspector is required prior to the
      return of any bond monies held by Council. Please contact Council’s Land Development
      Section to arrange the inspection.
23.   The pontoon and gangway shall be licensed with the Council upon completion of the structural
      work and shall be licensed annually thereafter.
24.   The Development Permit for Operational Works lapses if the works have not been completed
      by 28 April 2011, unless an application to extend the currency is approved by Council.

5     REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency        Referral Address

 Operational works that      Concurrence         Environmental          Eco access Customer
 is Prescribed Tidal                             Protection Agency      Service Unit
 Works                                                                  GPO Box 15155
                                                                        CITY EAST QLD 4002
 Operational works that      Concurrence         Queensland             MacArthur Avenue East
 is Prescribed Tidal                             Transport - Maritime   PINKENBA QLD 4008
 Works                                           Safety

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.        Rev.       Plan / Document Name                       Date
 WD.707                     C12        Prepared by Kidd and Co Designers          10 July 2009

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:



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1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      2.1.    On a Sunday or public holiday, at any time; or
      2.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council prior to
      commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.




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8      PROPERTY NOTES

Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Decision Notice History
28 April 2009 -        Original Decision Notice.
24 August 2009 -       Changes to an existing approval
                       with changes to conditions 1, 7, 11,
                       15, 21 & 23. Delete conditions 2, 9,
                       10 & 12

Yours faithfully,




Denis Wallace
Senior Development Planner




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    Referral Agency Conditions
    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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& ‘The ship moored at this sontaon tust follow the most cirect cuurse ficwn this structure to open
waters and a similar direct course when ccturning to this pontoo=.

7 ‘The owner is ta ensure that the ship berthed at this suucture must maintain suffierent under keel
clearaneg al al! stages af lide. The slip nmust coniply with any local restrictions placed on channel
depths and draft restrictions.

8. Any ships and equipment you or vour agent use must comply with the Transport Operations
{Marne Safety) det 1994, the Transport Operations (Manne Safery) Regulation 2044 and the

Transport Querations (Marine Pollution; Act 1995_

3. Any ships using dis suuctare must comply with the Zranspar? Operations (Maurine Sufely) Act
£994 and the transport Operations (Marine Sufetys Regulation 2004,

10. Any ship moored at this pontoon must not impede the safe savigation of other ships ar restrict
safe access ta or ftom neighbouring structures.

JL. Any ship, dey berth or device (including Air Liling Pontoons} becthed, a10ored or attached to the
punkaiusluctuce must not execed the following sizes:

Wee Berth Dry Berth
Length Overall- 8.5 metres: NYA
Beam - 2.6 metres
12. The contractor must construct the pontoon within ovo years from the due cPapproval. Lf
construction is nd comoletedl, yor vill necd additional or amended comments from the Regional

Llazbour Master.

Maritime Safecy Qucenslanil dues oul need to be further consulted if all of the abewe conditions are
uel,

The above conditions must be included in your application to the assessment manayer.

“This agency will ab forward a cosy of this letter to the Assessment Manager.

Yours sincerely

Caplain Richard C. Jolmson
Regional Harbour Master - Brisbane.

Mantime Safety Queonsiand Page 202

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ims) otic és fated by tho Beparimorit St Envitoament and Resource Mineo roerap purdersnt to ora 3 6. 25
ihe tenoaraiad Planning Act 1997 fo advise ofa Gocision ar wetinn, ar

 

 

 

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rs" Strand Gardens Ply Ltd ” soe 8 acm a . D
. JC Emanate = ee sis wel , 7
PO Box 1984° Sunshine Coast Réegignal Council .
TOWNS VILLE Locked Bag 72 - io
O_o 4810 Sunshine Coast Mail Centre

QLD 4560

a

te “Ailes Ms Kayla Gotiver

  

Attention : ‘Denis Wallace
" * Santor ‘Planning Officer,"
_ Plénning Assessment = North, fo
/Tewantin Office ‘ :

 

    

 

Our reference: 330246

 

Dear Ms Gu Inver,

Re: Application to change (other than a change of condition) the concurrence
agency response 4) . . '

1 .
The.Dapartment af Environment and Resource Menagement (OERM). acting as ‘concurrence agency,

wishas 1a advise Ihat your application lo change father than a chango of eondition) your existing concurrence
agency respanse [Permit Ref: IPOC01247808), received on 11-AUG-2008, has been assessed, and on 19
August ae was granted vath conditions.

~ Your application requested: . - co he .

     

Charge i the developriient approved (ovier then change ofa condition} ta replace the fixed jetty: and
 pontogn structure witha floating Sangway and floating pontoon structufe. This ‘change i is to replace the .
previously approved Srewing number wo. 202 C4 with drawing eer WD. 707 cr Ce Romana 4
tO sohy dated March .2007 by Kidd + €o designers. ‘

  

  

 

an o

2.- “Location details of the original approval are;

Proporty/Location:
Siraot address - 30 Noosa Parade NOOSA HEADS QLD 4567
LavPlan . on +4 Plan N21842

* Permit inctudas Wences, appeals, permits, suthorsations, cerificates, Sandlons of equivaleny similar as roquiredtis
administered by DERM and the Quecnslanc Pema and Wildifa Service

 

 

Bapcennoa Envi iment and Resource Management’ , . “ . . .
wew.derm aid.gow Su’ AHN ABN Sh G40 20455 . - 2 8 : .

ere

 

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ecoaccess a eer

AtiuitinnniRt canes Bad pares
: Notice

Change to an existing approval

a. The Approved Plans
The approved plans andéer documents for this approval are listed in the tollawing table —

 

PlanDocument No. | Plan/Dacument Nema Date

 

WD.707 G12z Proposed Pontoon and Jelly March 2007
Poot Edge f Bank Sturly © ,
Pool Edae / Bank Elevation 1 .
Jelly Perspective 90730 , : : ‘

By Kidd + Co. drawn by WFIEW

 

 

 

 

 

KF Condltlons of Approval

The IDAS ¢conturrence agency and response fa the application {atfached) i is:

4: The regatta stairs in this proposal are planned lo encroach uyon an underlying tidal wateeway rock
revetment wall which is designed te provide protection from coastal processes The regatta stairs a8
Previously approved have been considered accoptable temporary or expendable non-maritime slructure
for safely or rccreational purposes a pari of this pontoan and jetty develupment. Shauld the underlying
prolective rock wall raquiee malntenance or repair for the protaction of life and property the regatta stairs
may be required to be removed. This requirement is in accordance with section 2.2 of the State Coastal
Managemant Plan — Queensland's Coastal Policy 2001 principles 24 — 2E that 'The caast is managed ta”
alloye for natural fluctuations tn occur, including any that occur as 3 result ot climaly change and sea lavel
rise, and provide protection far lifa are property’. .

?. The ragutts stair-total dimensions must ramam unchanged and meet the previnusly sppmved dimensions
provided in WD. 202 C4 “Jelly Layaul 2 of 2° and WD.719 01 “Water Allocation Ptan™

3, The struclural Integrity, operation and maintenance oF ihe exiating tidal waterway rock revetment wall

must not to be affected by the works or the devetopment. ©

4, You must remove any material that is deposited outskde of the alignment of the works shown on the

approved plans ar any debris that falls or it deposited on tidal tands or inte tidal waters during the

consifuction of the works, :

3. No GCA troated limber is to be used an thase works until all external surfeces ere dry from the CCA

trealinant process. Alf treated timber 1s to be sawn or.drilled over a catchment ‘shee aad all vffeuls are to.
* be dispesed of to an approved landifill site. .

4. You tust ansure that all appropriate niéasures ave taken to prevent the pollution of lidai waiers as a result

of gilt runoff, ail and grease spills from machinery, concrete truck washout and alike. Cancate agitator wash

oul must onty be conducted in a specified area to facilitate the removal nf waste concrele from the areata -

landfill. Wastewater fram claaning equipment shall not discharge diretaly ar indirectly lo any walercourse or

stammwater system,

 

 

(Page 2a 7 - ADGHD109 Department of of Endrenment and Resource Management

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a a , A . -
i ecoaccess wo. ; / a
. r sausenmeimal Toomoas and port . . “ qos "
: . : . : * Notice:
So , Ae fe _ Change | to an | existing approval

5. You musi, withiti throe (a)anonths of the dale, of practical completion of Ihe works, ‘submit lo DERM a loltér
“from a Registered Professional Engineer ie Se eae costtying thal. :

 
  

 

{a} The works {induding any "othe? a:
approved drawings and these condinons.

 

1 . “ The works: *

     

ed usage, anc:

   

tii) comply with all relevant cudes = " iaiairg DERM s operational policy, ‘Building and ‘ sc ‘ .
. so engineering s standards lor ‘tidal | works! fs ee -* * ‘

in

     

¢):The bed and banks of tha. ‘waterway fora sistance of 15m ‘around the eité of tt
all debris,

Development conditions placed upon this development approval are in accordance with scetions 104 and

108 of the Coastat Protectior, and df Adsnagemert Act ees foe 2 :

jie are Se

works, is ee

* ‘Applicainns for. progeribed tidal sort are” ‘assessed against the Integrated Development As seserient System
{IDAS) Code for davalapmant applications for prescribed tidal works (Cade). daseribéd ir in suhadule 4A of the
Coastal Protection and Management Regutation 2003. Loca government can also asses 2 ipplications 7%
against their planning scheme but only to the extent that the planning scheme is referred (o in the Code.,

. OERM had not considered the acceptability of ihe design, this is an issue for the Council to ‘consider and“
enforce, 2
Please note that it is a requirement under Section 3.5.15 of the /nfegrated Planning Act 199? thal a capy af
the final Decision Notice (which includes DERM 's cancurrence conditions} for this application Issued by Iha
Council, be forwarded to each referral agency. Therefore, could you please send a signad hardcupy ta
DERM's Eco/iccess Customer Service Unit, PO Box 15155 GITY EAST 4002 and an electronic copy
forwarded to eco. access@cpa. qid.gov.au. 7

An attachad extract from Ibs integrated Planing Act 1997 details your appeal donts regarding this “decision.
You shauld seek Independent ad¢ica to confirm all your avaltable avenues. c

 

Should you require ‘any further informajion pleases cuntacl Rodnisy Gamer the project manager, on the
, taloptiono number listed, below. . . : .

     

 

* enquirtes:
é L ES - Reg Serv - Bne North - Sunshine Coast<
ay . “OERM ae
Dan Rese . : PO Box 162° COTTON TREE QLO s86u i, °
Ervormental Protect Fax {07} 5443 9927
t p jon Agency ; 7,
TP AUG 2000 . ; Fax {o7) 9927
. Page a ot? = anoaavos * . . oe Department of Environment and Resource Management

 

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|
ecoaccess

ONG TOR. Ranh SoeNERE 460 permis

Notice
Change ta an existing approval

APPEAL RIGHTS ~ Extract from Ihe infsgrsted Planning Act 1997

ion &—Appeals to court relating to devalopment applications
4.1.27 Appeals by applicants
(1} An applicant for 3 davelopment application. may appeal to dhe court agains! any of the following -
(a) the refusal, or the refusal in part, of a development application;
{b) a matter stated in a developriunt approval, including any candition applying to the development, and
ihe identification of a coda under section 3.1.6;
(c) the decision te give a preliminary approval whan a development pammit was appsted for:
(0) the length of a currency pericd;
(s) 4 deemed refusal. :
{2) An uppeat under subsection (1)a) to (d) must be started within 20 business days (the “applicant's
appeal period”) after the day the decision natice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1%o) m may be slarted at any time after the last day a decision on the matter .
should heve been medo.

 

 

- 41.28 Appeals by submitters
(4} A submitter tor a development applicalion may appwal to Ihe court only against -
{a} the part of the approval relating to the assessment manager's decision under sectivn.3.5.14 or
3.5.444; of
{b} for an application processed under sectian 6.1 78(2) - {he part of Ihe appraval About Ihy aspects of
tha development! lhal would have required public notification under the repealed Act.
{2) To the extent an appeal may be made under subsection (1), (he appeal may be against 1 or more of the
fallowing- : -
(a) the giving of adevelopment approval; .
(b) any provision of the approvat including-
da condition of, or [ack of condition tor, tha approval; or
(fi) the lencth of a currency period for the approval.
(3} However, A submillar may Rot appeal If the submifier-
.{a) withdraws the submission beiors tha apptication is decided: or.
(b} has given the assessment managera moive under section 3.5.19{1){b}ii).
{4) The appeal must be slaried within 20 businoss days (the “submitters appeal Period") after the
decision notice or negotiated decision Notice is given to the subentttar.

4.1.29 Appasals by advice agency submitters

(1) Subsection (1A) applies if an advice agency, in Ils response for an application, toké the assessment
Manager to treat the response as 3 properly mara submission.

(A}The advice agency may. within the limits of ifs jurisdiction, appeal to the court aboul any part of the

approval retuling lv the assessment manager's decision under section 3.5.14 or 3.5.14A,

(3) The appeel- must be started within 20 business days after the day the decision notice or negotiated
notice is given to the advine agency as a subinitter.

{4) However, if the advice agency has given the assessment manager a notlee under section 3.5.19(1}(by(ii).
the advice agency may not appeal tne dycision, .

»

6.1.30 Appaals for malters arising after approval given {co+respondents).

(1) For a development approval given for a development application, 3 person to whom any of the following
fotices have been given may sppaal to the cour agains! the decision in the neues ~ -
(a} a notca ghing a decision on a request for an exlensian af the currency period fur an approval;
(b} a notice giving 2 declslon on arequest to make a minor change to an approval. "

(2) The appeal must be started within 20° business days after the day the notice of the decision Is given to
the person.

(3} Subsection (1 {a} does not apply if the approval resulled from a development application (superseded
planning schame} that was assessed as ff it were an application made under a superseded planning
scheme, . =

 

Pape 4ofT~ ADOBOTS * Department of Envtrooment and Reeource Management

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if™ —

 

 ecoaccess. a foot

" Notice.
._ Change to an existing ‘approval

 

’ ‘Division 9- ~ Appeals | to Scour shout ather, matters : a ;
' 44.31 Appeals for matters ‘arising aftor Opp roval alven {no cc-respondenite): ‘
{1} & persan ta whori any ¢ of the followirig notices have been given mey appeal to the cont Lagaigt ihe *
‘decision in the notice - :
s {a} andtite giving a decision ona rergieni tocha nge or cancel’ a condition ofa development approval; .
fb} anditine under section 3.5. SAK8}(0) or &, 1.44 giving a poral te shangis or cancel a condition ofa,

 

  
  

 

: “development approval. °-". ae
(2) The appeal musi be started ¥ ytin 20 bu ness days alter, the aay the noting of the: decison Is given to -
the Person. aan ves ~ : 4
. . a . + a ™ aa ws . ara
ata Appesis sgeiatt enforcement notices: toy aa

  
 

 

“\(1} 4 person who is given an enforcement Aotce may abpeal to the court ‘against the giving of the notice
*(2) The appeal must be salaried ‘within 20 busingss days after the day Lola is given, to the Person

   

 

 

44,33 Slay of operation of enforcement notice
{1} The lodging of a natice of appeal about an enforcement notice stays the operation of the enforcement

    

 

notke until -

- {a} the cow, on the application of the entity issuing ihe notice, decides otherwise; or .

tb) “the Appeal is withdrawn; or ano 5 oe

‘(c) thé appealis dismissed. = uy OO et 5

   

 

“a Hovioves, subsectlan (1) dees not apply if the enfofoement ndtice is ‘About aie .
fa) a work, it the entorceméhl ‘holics states the entity believes the work is a a danger to persons ‘or arisk!
. io public health; or, a
_ fby carrying out development that is the demolition of a work,

 

4.1.34 Appeals agai ast decisic ns On compensation claims .

(1) A person who is digsatisied with 3 decision under section § 4.8 or 5.5. 3for the payment of
compensation may appeal to the court against -
ta) the decision; or
{b) *. .a deemed retusal of the claim.

(2) An appeal under subsection (+a) must be ‘started with 20 business days after the aay holice of the
‘decision is givan.ta tha porson. .

(3) An appeal under subsection (1b) mely be stated at any time ater the last ory a decision on Lhe aatter .
should have beefi made.

. 4.1.35 Appeals against decisions on requests te acquira dasignated land under hardship: ‘
q Ved a persanwho is dissatished with a designatar's decision to refuse’ a request made by the parson under ee
. a section 7.6 18, may appeaf to the court against - :
fa} die decision;
tb}... | adeemed rel of the féque:
@): An sppaal ‘under subsactlon (1}[a) must be
uo. ys 7p dacision is givento the person.
(3) An appéal under.subsection.(1 Mb} may be ‘started at any time ator the las deve a decision: on the matter
oF should, have been mrad. ; en 2°

 
 
  

    
 

' wf Qh

44 37 Appeals from tribunals, ; :
(1) A paity to a procesding dycided by) a bibtral may appeal to the court against the tribunal’s decls len, but . G
only on the ground - *
(a) of efrar of mistake in law on the part of the vibunaf: or :
{b) that the tribunal had no jurlsdietion Io make the deelsian or execeded lis jurieditgion in enaking the
decision.
(2) An appeal agannst a fripunat's decision must be started within 20 business days after the day notice of
tha INbunal's decision is given to the party.

 

at Department of Environment end Raeource Management

 

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wea.

ecoaccess

service maniat Fopransa gad cwucnidse
oO Notice

Change to an existing approval

4.1.38 Court may remit matter to tribunal
if an appeal Includes 4 matter within the jurisdiction ol a Gibunal and the court is satisfied Ihe fatter should
be daalt with by 2 Wibunal, the court must remit the matter to the tridunat for decision.

Division 10 - Making an 2ppeal to court

4.1.35 How appeals to the court sre started

{1} An appeal rs started by ladging writen notire of appeal with the registrar of (he court

(2} The notes of appeal must state the grounds of the appeal,

{3} The person siarting ihe appeal must also comply with the rules of the court applying to the appeal.

4} However, the court may hear and decide an appeal even if the person has noi complied with subsection

(3).

4.1.41 Notice of appeal to other parties {div B)
(1) An appellant under division 8 must give written notice ek the » appestio-
{a) if the appellantis an applicant-
(i) the chief sxeculive; and
(ii), the assessment manager and
(li} any coneyrrance agancy, ant
(iv) any principal submitter whose submission has not been withdrawn; and
(y} any advice agency traated as a submitter whose submission has nol been withdrawn: or
(b) if the appellant is a submitter or an advice agency whose response to the davelapment appkcatian is
geated as a submission for an apperl-
(i) the chlef executive; and .
(ll) the assessment manager; and .
{ii} any rafarral agency; and
(iv) the applicant; or
(c) If the appellant is a person to whom a nolice mentioned i in section 4.7.30 has been given- a

(i} ° the chief execulive; and
(i) - the deciding entily; and

(ih any entity Ihat was a concurrence agency or building refunrgl agency for lhe development
‘application lo which the notice relates. .
(2) The notice must be given within
{a) if paragraph fb) does nol apply-10 business days after Ihe appeal is started; or
(b>) if the appellant is a submitter or advice agency whose rasponse to Ihe Gavalopment application is
(reatad as a submission for an appeal-2 business days alter the appeal is started.
(3) The notiog must state- .
fa) the grounds af thy appeal, and
(b) if ihe person given thie noties is not the respandent or a co- respondent under sectloa 4.1.43 -
{c) that the person may, within 10 business days after the day the notice Is gon, clact to became 3 ¢o-
faspondent to the apes! by filing jn the court a notice af election in the approvad form,
4.1.42 ‘Netiee of appeat te other parties (diy 8)
{1} An appellant under division 9 must, within 10 business days aiter the day ihe appeal is started give
written notice of the appeal ta -
. (a) if the appelianl is a’person to whom @ notice mentionad in saclion 4.1.317? has been given -
Ihe entity that gave the ‘notice; or
{b) it ihe appellant Is a person (o whom an enforcement notice ts given ~ ihe entity thal gave lhe
notina and if the antily Is not the local government, the foca).government: or
ic) ifthe appellant is a person dissatistiat with 4 decision about compensation - the focal
govemment that decided the claim; or
(2) if the appellant is a person dissatisfied with a decision about acquiring designated lands - the
designutor: or
te) if the appellant is a persan who Is disqual ified as a private ceaifier - the cntty disqualifying
Ihe person and it the entily an the person inal the: acoxeriiting body, the -
ucerediing body: or aoc5 = ae

 

Page 60f 7- apueotes Department ol Enviranmant and Resource Management

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Page 14

   2008/1704




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[OCR of page images]
2008/1704

 

   

 

 

a ecoaccess . oe . . , , ao

: . * anemia! Joences ond ets i. “f° “
to. sn ree - " "ee * Notlee.
oa ee . Shande to an existing approval
es J v . a0 : eo as cae: 4

’ : « {ff “isthe Appellsntis a party toa proieedng decided bya tibunal - the other party lo the . OU

- a ‘proceeding. .-: Sas . : :

- (2) The notice must stale the grounds af a appeal sc . ar . =

 

 

4.1.43 * Respa ndent and: &9-respondents for ‘apnpats ‘und er div a

 

 

J ' (1) Subsections (2) te {8) apply for appeals under section 4.1.27 10 4.1.29. 4 . Ao aan
(2) The assessment manager, the respordent for the- appeal. Gs :
(3) If the appeal is started by a Submilter. the applicant is a correspondent for the appeal 4 ae
ot f4) Any submitter may elec! to beicoine # co+as pond chit to the appeal: et out.
a (5) (fhe appeal is about a cohcurrence agency response, the concurrence agency is a co-respondent for -
‘the a Lo- : te “
r (6 the appeal is only about a conrurrence ayendy fasponse, the’ ‘desessment manéger may apply ta the ae
°..,-e6urtto withdraw from the appesl. ~ : . - ; ? .
(7) The respondent and: any co-respondents for au appeal ara entitlad fo be heard in the appeet ‘as a party. .'
to the appeal.

{8} A person to whom a notlee of appeal is required to be given under seclion 4.1 41 and who is not ‘the
respondantor a coraspondent for the appeal may elect lo. be a co-respondent.
{9} For an appeal under section 4.1.30- 1
..(a}' the asseasment Manager ig the respondent; ‘ara , A ‘
Ke (b}. any enilty hat was a conturrence agency or. ¥ building reterral agency.for the development
” ‘Benlication to which anotice under saction 3 6.3 telates may ae to became a porraspoudent.
41.84 Respondent “and cofespondents for appeals der diva '
(1) This section applies if an entity is required under seclion 4.1.42 to be given a notice of an appeal:
{2) The ently giver wrillen roles is the raspondent for the appeal. 7 .
(3) However, if under @ provision ef he section more than 1 cotlty Is raquirad lo be given notice, aly the “wt
first entity mentoned in the provision is the respendant. :
(4) The second entity mentioned on the provision may elect to bs & co-respondent.

   

  

4.1.45 Row an entity may elect to be a co-respondent
An entity that Is enlitied to. elect to be a co-respondent to the appeal may do sa, within +0 business cays
after notice of the appeal ss given to the entity. by following ‘thé rules of court for the election.

41.46 Minister entitled ta be represented In an appeat Involving a State interest
If the Minister Is satlsfled thai an appeal Involves a Siate interest, Ihe Minister is entitled to be represented in
_. the appeal.
a, 44.47 Lodging: Appeal stops certain actions
{t} Ifan appeat (other tharran appeal under section 4,1,30) is started under division & the eee 7
=,- mustnol be Started untl.the appeal ts decided or withdrawn: + ‘
‘.{2) Despite subsection (1); if tha cout! is satisfied the outcame of the appeal yaukd Not bé affected if the aia “
development or part of the development is starled before tha appaal is déckied, the court may allaw the
‘ development or, part of the development to start before the appeal is decided. a ve

 

 

re . . Departnent of Environment and Resource Management’

   

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Page 15

                                                                                                        2008/1704


                                                        Appeal Rights
                                                        INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                         (6) If an application involves assessment against a
Planning Act (Chapter 4).                                           concurrence agency code, appeal rights for submitters
                                                                    for the application are not available against the part of
Division 8 - Appeals to                court   relating   to        the approval that represents the concurrence agency’s
development applications                                            response for the code.
Appeals by applicants                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application               4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following-               jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development           development approval for a development application if-
      application;                                                  (a) the development      application    involves   impact
(b) a matter stated in a development approval, including               assessment; and
      any condition applying to the development, and the            (b) the advice agency told the applicant and the
      identification of a code under section 3.1.6;1                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                 application as a submission for an appeal.
      development permit was applied for;                              (2) The appeal must be started within 20 business
(d) the length of a relevant period;                                days after the day the decision notice or negotiated
                                                                    decision notice is given to the advice agency as a
(e) a deemed refusal.                                               submitter.
    (2) An appeal under subsection (1)(a) to (d) must be            Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
                                                                    (co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.                          4.1.30.(1) For a development approval given for a
                                                                    development application, a person to whom any of the
    (3) An appeal under subsection (1)(e) may be started
                                                                    following notices have been given may appeal to the
at any time after the last day a decision on the matter
                                                                    court against the decision in the notice-
should have been made.
                                                                    (a) a notice giving a decision on a request for extension
Appeals by submitters
                                                                       of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
                                                                    (b) a notice giving a decision on a request to make a
appeal to the court about-
                                                                       minor change to an approval.
(a) the giving of a development approval, including any
                                                                        (2) The appeal must be started within 20 business
      conditions (or lack of conditions) or other provisions
                                                                    days after the day the notice of the decision is given to
      of the approval; or
                                                                    the person.
(b) the length of a relevant period for the approval.
                                                                        (3) Subsection (1)(a) does not apply if the approval
    (2) The appeal must be started within 20 business               resulted from a development application (superseded
days (the “submitters appeal period”) after the day the             planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to           application under a superseded planning scheme.
the submitter.
                                                                       (4) Also, a person who has made a request
    (3) If a person withdraws a submission before the               mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the               against a deemed refusal of the request.
decision.
                                                                       (5) An appeal under subsection (4) may be started at
   (4) If an application involves both impact assessment            any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are               should have been made.
available only for the part of the application involving
impact assessment.                                                  Division 9 - Appeals to court about other matters
    (5) If an application is processed under section                Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application         (no co-respondents)
are available only for the aspects of the development that          4.1.31.(1) A person to whom any of the following notices
would have required public notification under the                   have been given may appeal to the court against the
repealed Act.                                                       decision in the notice-
                                                                    (a) a notice giving a decision on a request to change or
                                                                       cancel a condition of a development approval.
1
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
                                                                                                    Page 15 of 16

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                                                                                                2008/1704

(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                  development permit was applied for;
    approval.                                                (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business              relevant period;
       days after the day the notice of the decision is      (e) a deemed refusal.
       given to the person.
                                                                 (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the      period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.        decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at         (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or        For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
(b) a deemed refusal of the application.                     given, and is dissatisfied with, an infrastructure charges
                                                             notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of      (2) The person may appeal to the court against the
the decision is to be given to the person.                   notice.
    (3) An appeal under subsection (1)(b) may be started     (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter      after-
should have been made.                                       (a) if the notice is given because of a development
Appeals against local laws                                        approval or master plan approval-the day the
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
                                                                  approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the           (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the   (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
                                                             (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        have imposed it; or
applicant.
                                                             (b) an error in the calculation of the charge.
For Building Works Only                                      (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule or regulated State infrastructure
development applications                                     charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval, including
    any condition applying to the development, and the
    identification of a code under section 3.1.6;3


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
  Section 3.1.6 (Preliminary approval may override local
  planning instrument)
                                                                                             Page 16 of 16