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Decision Notice - 010.2008.00000610.001 [As Published] · 142008.610

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                                             Officer:          Denis Wallace
                                             Direct Telephone: (07) 5449 5179
                                             Response Address: PO Box 141, Tewantin QLD 4565
                                             Email:            [email protected]
                                             Our Reference:    2008/610
                                             Your Reference:
22 April 2008

Malcolm J Mackenzie
CARE Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566




Dear Sir

                                      Decision Notice
                                  Integrated Planning Act 1997

I refer to your application and advise that on 22 April 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1     APPLICATION DETAILS

 Application No:                     2008/610
 Street address:                     10 The Promontory, Noosaville
 Real property description:          Lot 845 SP 102579
 Planning Scheme:                    The Noosa Plan

2     DECISION DETAILS
The following type of approval has been issued:
    Development Permit for Operational Works - Transport Type 5 - Boat Lifting Device
3     RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Permit is 2 years from the date that this development
approval takes effect.

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:
       Plan         /      Rev.    Plan / Document Name                         Date
       Document No.
       08/24-1                     Working Drg      –   John    Norden      &   February 2008
                                   Associates
       GAD2                0       Airberth Secured to Jetty Posts –            25 July 2004
                                   Airberth

                                                                                                 Page 1 of 6


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Officer: Denis Wallace

Direct Telephone: (07) 5449 5179

Response Address: PO Box 141, Tewantin QLD 4565

Email: [email protected]

Our Reference: 2008/610
Your Reference:

22 April 2008

Malcolm J Mackenzie
CARE Noosa Jetty Builders
PO Box 299

NOOSAVILLE QLD 4566

Dear Sir

Decision Notice
Integrated Planning Act 1997

| refer to your application and advise that on 22 April 2008 Council decided to approve the
application in full subject to conditions.

Details of the decision are as follows:
1 APPLICATION DETAILS

Application No: 2008/610

Street address: 10 The Promontory, Noosaville
Real property description: Lot 845 SP 102579

Planning Scheme: The Noosa Plan

2 DECISION DETAILS

The following type of approval has been issued:

° Development Permit for Operational Works - Transport Type 5 - Boat Lifting Device
3 RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Permit is 2 years from the date that this development
approval takes effect.

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:

Plan / Rev. Plan / Document Name Date

Document No.

08/24-1 Working Drg -— John Norden &_ February 2008
Associates

GAD2 0 Airberth Secured to Jetty Posts — | 25 July 2004
Airberth

Page 1 of 6
Full text of the other 5 pages

Page 2

                                                    -2-



       GAD1                 0        Airberth Secured to Jetty Posts –          25 July 2004
                                     Airberth

       and as may be amended by these conditions.
2.     Structures should be designed and constructed such that they are free standing within the
       waterway and are not connected to or behind the revetment wall.
3.     The boat lifting device is to be located in conjunction with the approved jetty and shall not
       extend beyond the end of the approved jetty and with an overall width no greater than 4.0m.
4.     The boat lifting device is to be fixed to the approved jetty as such it forms part of the structure
       and generally perpendicular to the revetment wall.
5.     There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
       the revetment wall.
6.     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.
7.     The boat lifting device is to be used for private purposes only with no commercial operations to
       be undertaken.
8.     Boat repair activities will not be permitted on site.
9.     Wastewater and sullage shall only be disposed of at approved pumpout facilities.
10.    The mooring facility shall not be utilised for live-aboard purposes.
11.    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.
12.    The approval or conditions do not constitute a ruling on structural safety and the applicant
       must make their own arrangement to ensure adequacy of design and work. Also any approval
       granted 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 statues 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
13.    Certification by a Registered Professional Engineer of Queensland that states that the boat
       lifting device has been constructed in accordance with best practice methods and are
       structurally sound shall be submitted to Council prior to the return of any bond monies held by
       Council. A final inspection and approval of the structures 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.
14.    The boat lifting device shall be licensed with the Council upon completion of the structural
       work and shall be licensed annually thereafter.

5      REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger               Referral Status    Referral Agency        Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
                                                                                                Page 2 of 6


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GAD1 0 Airberth Secured to Jetty Posts — | 25 July 2004
Airberth

and as may be amended by these conditions.

2. Structures should be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall.

3. The boat lifting device is to be located in conjunction with the approved jetty and shall not
extend beyond the end of the approved jetty and with an overall width no greater than 4.0m.

4. The boat lifting device is to be fixed to the approved jetty as such it forms part of the structure
and generally perpendicular to the revetment wall.

5. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.

6. 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.

7. The boat lifting device is to be used for private purposes only with no commercial operations to
be undertaken.

8. Boat repair activities will not be permitted on site.
9. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
10. The mooring facility shall not be utilised for live-aboard purposes.

11. 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.

12. The approval or conditions do not constitute a ruling on structural safety and the applicant
must make their own arrangement to ensure adequacy of design and work. Also any approval
granted 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 statues 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

13. Certification by a Registered Professional Engineer of Queensland that states that the boat
lifting device has been constructed in accordance with best practice methods and are
structurally sound shall be submitted to Council prior to the return of any bond monies held by
Council. A final inspection and approval of the structures 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.

14. | The boat lifting device shall be licensed with the Council upon completion of the structural
work and shall be licensed annually thereafter.

5 REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil

6 APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
Page 2 of 6

Page 3

                                                  -3-



 Plan / Document No.       Rev.     Plan / Document Name                         Date
 08/24-1                            Working Drg       –   John    Norden     &   February 2008
                                    Associates
 GAD2                      0        Airberth Secured to Jetty Posts –            25 July 2004
                                    Airberth
 GAD1                      0        Airberth Secured to Jetty Posts –            25 July 2004
                                    Airberth

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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 the
    commencement of any works over the site.
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.
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 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.

8     PROPERTY NOTES

Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

                                                                                                 Page 3 of 6


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Plan /Document No. Rev. Plan/ Document Name Date

08/24-1 Working Drg — John Norden &_ February 2008
Associates

GAD2 0 Airberth Secured to Jetty Posts — | 25 July 2004
Airberth

GAD1 0 Airberth Secured to Jetty Posts — | 25 July 2004
Airberth

7 ADVISORY NOTES

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

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 the
commencement of any works over the site.

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.

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”. \t 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 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.

8 PROPERTY NOTES

Not applicable

9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

Page 3 of 6

Page 4

                                                -4-



10     FURTHER DEVELOPMENT PERMITS REQUIRED

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

11     SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Nil
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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS

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

Yours faithfully,




Denis Wallace
PLANNING OFFICER




                                                                                           Page 4 of 6


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10 FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required Subject of the required Development Permit
Nil
11. SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:

Nil

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.

During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15 OTHER DETAILS

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

Yours faithfully,

Denis Wallace
PLANNING OFFICER

Page 4 of 6

Page 5

                                                        -5-




                                              Appeal Rights
                                             INTEGRATED PLANNING ACT 1997 & 1998 REGULATION


                                                                  (5) If an application is processed under section
The following is an extract from the Integrated               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).                                     application are available only for the aspects of the
Division 8 - Appeals to court relating to                     development that would have required public
development applications                                      notification under the repealed Act.
Appeals by applicants
                                                                  (6) If an application involves assessment
4.1.27.(1) An applicant for a development                     against a concurrence agency code, appeal rights
application may appeal to the court against any of            for submitters for the application are not available
the following-                                                against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a                 concurrence agency’s response for the code.
    development application;                                  Appeals by advice agency submitters
(b) a matter stated in a development approval,                4.1.29.(1) An advice agency may, within the limits
    including any condition applying to the                   of its jurisdiction, appeal to the court about the
    development, and the identification of a code             giving of a development approval for a
                         1
    under section 3.1.6;                                      development application if-
(c) the decision to give a preliminary approval               (a) the development application involves impact
    when a development permit was applied for;                    assessment; and
(d) the length of a currency period;                          (b) the advice agency told the applicant and the
(e) a deemed refusal.                                             assessment manager to treat its response to
    (2) An appeal under subsection (1)(a) to (d)                  the application as a submission for an appeal.
must be started within 20 business days (the                      (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the                business days after the day the decision notice or
decision notice or negotiated decision notice is              negotiated decision notice is given to the advice
given to the applicant.                                       agency as a submitter.
    (3) An appeal under subsection (1)(e) may be              Appeals for matters arising after approval given
started at any time after the last day a decision on          (co-respondents)
the matter should have been made.                             4.1.30.(1) For a development approval given for a
Appeals by submitters                                         development application, a person to whom any of
4.1.28.(1) A submitter for a development                      the following notices have been given may appeal
application may appeal to the court about-                    to the court against the decision in the notice-
(a) the giving of a development approval, including           (a) a notice giving a decision on a request for
    any conditions (or lack of conditions) or other               extension of the currency period for an
    provisions of the approval; or                                approval;
(b) the length of a currency period for the approval.         (b) a notice giving a decision on a request to make
                                                                  a minor change to an approval.
    (2) The appeal must be started within 20
business days (the “submitters appeal period”)                    (2) The appeal must be started within 20
after the day the decision notice or negotiated                       business days after the day the notice of the
decision notice is given to the submitter.                            decision is given to the person.
    (3) If a person withdraws a submission before                 (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not                        approval resulted from a development
appeal the decision.                                                  application (superseded planning scheme)
                                                                      that was assessed as if it were an
    (4) If an application involves both impact                        application under a superseded planning
assessment and code assessment, appeal rights                         scheme.
for submitters are available only for the part of the
application involving impact assessment.                          (4) Also, a person who has made a request
                                                                      mentioned in subsection (1) may appeal to
                                                                      the court against a deemed refusal of the
                                                                      request.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                                        Page 5 of 6


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Sunshine Coast Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development
application may appeal to the court against any of
the following-

(a) the refusal, or the refusal
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;"

(c) the decision to give a preliminary approval
when a development permit was applied for;

(d) the length of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on
the matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development

application may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20
business days (the “submitters appeal period”)
after the day the decision notice or negotiated
decision notice is given to the submitter.

(3) If a person withdraws a submission before
the application is decided, the person may not
appeal the decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights
for submitters are available only for the part of the
application involving impact assessment.

in part, of a

' Section 3.1.6 (Preliminary approval may override
local planning instrument)

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

(6) If an application involves assessment
against a concurrence agency code, appeal rights
for submitters for the application are not available
against the part of the approval that represents the
concurrence agency’s response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits
of its jurisdiction, appeal to the court about the
giving of a development approval for a
development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to
the application as a submission for an appeal.

(2) The appeal must be started within 20
business days after the day the decision notice or
negotiated decision notice is given to the advice
agency as a submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal
to the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an
approval;

(b) a notice giving a decision on a request 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 resulted from a development
application (superseded planning scheme)
that was assessed as if it were an
application under a superseded planning
scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.

Page 5 of 6

Page 6

                                                        -6-



    (5) An appeal under subsection (4) may be                     (2) The appeal must be started within 20
        started at any time after the last day the            business days after the day notice of the decision
        decision on the matter should have been               is given to the applicant.
        made.                                                 For Building Works Only
Division 9 - Appeals to court about other                     Rights of appeal conferred by Section 4.2.9 of the
matters                                                       Integrated Planning Act 1997 as follows:
Appeals for matters arising after approval given              Division 3 – Appeals to tribunals relating to
(no co-respondents)                                           development applications
4.1.31.(1) A person to whom any of the following              Appeals by applicants
notices have been given may appeal to the court
                                                              4.2.9(1) An applicant for a development application
against the decision in the notice-
                                                              may appeal to the Building and Development
(a) a notice giving a decision on a request to                Tribunal against any of the following-
    change or cancel a condition of a development
    approval.                                                 (a) the refusal, or the refusal in part, of a
                                    2                             development application;
(b) a notice under section 6.1.44 giving a decision
    to change or cancel a condition of a                      (b) a matter stated in a development approval,
    development approval.                                         including any condition applying to the
                                                                  development, and the identification of a code
    (2) The appeal must be started within 20                      under section 3.1.6;
                                                                                        3
        business days after the day the notice of the
        decision is given to the person.                      (c) the decision to give a preliminary approval when a
                                                                    development permit was applied for;
    (3) Also, a person who has made a request
                                                              (d) the length of a period mentioned in section 3.5.21
        mentioned in subsection (1)(a) may appeal
                                                                    currency period;
        to the court against a deemed refusal of the
        request.                                              (e) a deemed refusal.
    (4) An appeal under subsection (3) may be                    (2) An appeal under subsection (1)(a) to (d) must
        started at any time after the last day the            be started within 20 business days (the “applicant’s
                                                              appeal period”) after the day the decision notice or
        decision on the matter should have been
                                                              negotiated decision notice is given to the applicant.
        made.
                                                                  (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval                  started at any time after the last day a decision on the
conditions under the repealed Act                             matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a               The Registrar for the Building and Development
decision made on an application to change the                 Tribunal may be contacted at the website
conditions attached to an approval given under                http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.




2
     Section 6.1.44 (Conditions may be changed or
                                                              3
    cancelled by assessment manager or concurrence                 Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                              local planning instrument)
                                                                                                          Page 6 of 6


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(5) An appeal under subsection (4) may be
started at any time after the last day the
decision on the matter should have been
made.

Division 9 - Appeals to court about other
matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-

(a) a notice giving a decision on a request to
change or cancel a condition of a development
approval.

(b) a notice under section 6.1.44? giving a decision
to change or cancel a condition of a
development 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) Also, a person who has made a request
mentioned in subsection (1)(a) 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.

Appeals against decisions to change approval
conditions under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-

(a) the decision; or
(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.

? Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

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

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 — Appeals to tribunals relating to
development applications

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,
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;°

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a period mentioned in section 3.5.21
currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website
http://www.localgovernment.qld.gov.au/

of a

5 Section 3.1.6 (Preliminary approval may override
local planning instrument)

Page 6 of 6

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