Decision Notice MCU14-0063 · MCU14/0063

                                                                                                                             MCU14/0063




                                                                      Appeal Rights
                                                                      SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                      REGULATION 2009



                      The following is an extract from the Sustainable Planning           notice or negotiated decision notice is given to the
                      Act 2009 (Chapter 7).                                               submitter.

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



                                                                                                                                     Page 5 of 6


Document Set ID: 19817861
Version: 1, Version Date: 02/11/2014