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IC-N2033_PC24-1130_141 Cooroy Noosa Road TEWANTIN
INFRASTRUCTURE CHARGES NOTICE
To: Ingenia Communities Pty Ltd Infrastructure Charges Notice No: N2033
Level 3 Revision: 0
88 Cumberland Street
THE ROCKS NSW 2000 Date of Issue: 17 October 2024
Email: [email protected]
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
PC24/1130 (Re: Sunshine Coast Building Approvals –
Development Approval Reference:
Decision Notice: 241003)
Land / Property Address: 141 Cooroy Noosa Road TEWANTIN QLD 45665
Real Property Description: Lot 230 MCH 4114
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
Noosa Shire Council Charges Resolution (No.7) 2022 (effective 19 August 2022)
*NET INFRASTRUCTURE CHARGE PAYABLE = $14,765.00
Planning Regulation at
*Current at: *2024-2025 Financial Year
*SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
NOTE:
The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT
DUE DATE FOR PAYMENT
TYPE
When the final inspection certificate for the building work or
Building Work the certificate of occupancy for the building is given,
&/or prior to any occupancy of the building
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE
Email: [email protected]
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 1
[OCR of page images]
SY
ae NOOSA
INFRASTRUCTURE CHARGES NOTICE
To: Ingenia Communities Pty Ltd Infrastructure Charges Notice No: N2033
Level 3 Revision: 0
88 Cumberland Street
THE ROCKS NSW 2000 Date of Issue: 17 October 2024
Email: [email protected]
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
PC24/1130 (Re: Sunshine Coast Building Approvals —
Decision Notice: 241003)
Land / Property Address: 141 Cooroy Noosa Road TEWANTIN QLD 45665
Real Property Description: Lot 230 MCH 4114
Development Approval Reference:
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
e Noosa Shire Council Charges Resolution (No.7) 2022 (effective 19 August 2022)
*NET INFRASTRUCTURE CHARGE PAYABLE = $14,765.00
x . Planning Regulation at
Current at: | * 2994.9025 Financial Year
* SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
NOTE:
e The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
e Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT
TYPE DUE DATE FOR PAYMENT
When the final inspection certificate for the building work or
Building Work the certificate of occupancy for the building is given,
&/or prior to any occupancy of the building
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE
Email: [email protected]
Further information on Infrastructure Charges is available on Council's website:
https://(www.noosa.qid.gov.au/homepage/165/infrastructure-charges
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 1
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Page 2
REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
STAGED PAYMENTS:
Partial “staged” payments may be made at any time prior to the due date at the applicant/owner’s discretion
without penalty (noting standard indexation of the charge balance applies until full payment has been made
by the due date).
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge. Within the meaning of the Local Government Act, this means:
a. an infrastructure charge may be recovered by court action for a debt;
b. an infrastructure charge may be recovered from the person for the time being owning the
relevant land, regardless of who was the owner or other person upon whom the charges was
imposed;
c. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest calculated daily at the rate stated in “Council’s Revenue Statement” is payable on
all overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
Phone (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
Nil
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 2
[OCR of page images]
REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council's Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
STAGED PAYMENTS:
Partial “staged” payments may be made at any time prior to the due date at the applicant/owner’s discretion
without penalty (noting standard indexation of the charge balance applies until full payment has been made
by the due date).
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge. Within the meaning of the Local Government Act, this means:
a. aninfrastructure charge may be recovered by court action for a debt;
b. an infrastructure charge may be recovered from the person for the time being owning the
relevant land, regardless of who was the owner or other person upon whom the charges was
imposed;
Cc. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest calculated daily at the rate stated in “Council’s Revenue Statement” is payable on
all overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
e Phone (07) 5329 6211 or 5329 6449 during office hours; or
e E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
mneersony Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council's Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
Nil
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 2
Page 3
INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.8) 2024 (Effective 15 August 2024)
Planning Regulation 2017 &
The Noosa Plan 2020
Current at: 1 July 2024 for the 2024-2025 Financial Year
Column 1b Column 2 Column 3 PC24/1130 (Re: Sunshine Coast Building Approvals - Decision Notice: 241003)
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use
(As inserted by the “Planning Legislation (Fees and Other (per Charges breakup agreement APPROVED EXISTING CHARGE
CHARGEABLE
Amounts) Amendment Regulation 2021”) of Prescribed amount) QTY QTY AMOUNT $
QTY
Accommodation (short-term)
1 Tourist park
2 Hotel for each group of 2 tent or caravan sites or less $12,304.45 60% $7,382.67 2 -2 -$14,765.34
3 Short-term accommodation
4 Resort complex for each cabin or suite
$12,304.45 60% $7,382.67 4 4 $29,530.68
Other Uses with 2 or less bedrooms
Sub-Total, Residential = $14,765.34
Calculation at
Planning
Regulation
2024-2025
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $14,765.00
Transport and/or Stormwater network service reductions due to
Location $0.00
development location
Council Policy “Infrastructure Charges Rebates For Community
Rebate $0.00
Organisations”
REDUCTIONS
Trunk Infrastructure Offset $0.00
Other $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $14,765.00
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 3
[OCR of page images]
INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.8) 2024 (Effective 15 August 2024)
dak ieaaninaeanian Current at: 1 July 2024 for the 2024-2025 Financial Year
Column 1b Column 2 Column 3 '4/ 1130 (Re: Sunshine Coast Building Approvals - Decision Notice: 2410
COUNCIL COUNCIL
Planning Regulation 2017 APPORTIONMENT | CHARGE COUNCIL CHARGE CALCULATION
u Schedule 16 Prescribed amount NET
se (As inserted by the “Planning Legislation (Fees and Other | (per Charges breakup agreement |APPROVED| EXISTING CHARGE
i ” CHARGEABLE
Amounts) Amendment Regulation 2021”) of Prescribed amount) QTY QTY ory AMOUNT $
Accommodation (short-term)
T Tourist park
2 Hotel for each group of 2 tent or caravan sites or less $12,304.45 60% $7,382.67 2 -2 -$14,765.34
3 Short-term accommodation Ff heabl rm
4 Resort complex or each cabin or Suite $12,304.45] 60% $7,382.67 4 4 $29,530.68
Other Uses with 2 or less bedrooms
Sub-Total, Residential = $14,765.34
Calculation at
Planning
Regulation
2024-2025
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $14,765.00
Location Transport and/or Stormwater network service reductions due to $0.00
development location
Rebate cure Policy lin iastucre Charges Rebates For Community $0.00
REDUCTIONS Tganisations
Trunk Infrastructure Offset $0.00
Other $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $14,765.00
ABN 97.969.214.121 PO Box 141
noosa.qid.gov.au
[email protected]
Tewantin QLD 4565
07 5329 6500 ICN - Page 3
Page 4
ADDITIONAL INFORMATION ON
INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to
their specified “Trunk” infrastructure networks.
2. DEVELOPMENT ASSESSMENT, DECISION AND REASONS FOR ISSUING CHARGE
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges (Refer to the
"Noosa Shire Council Charges Resolution” under which the infrastructure charge was issued);
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
The triggers for issuing infrastructure charges are generally triggered by the issue of a development permit
for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Infrastructure charges are not imposed by condition on a development permit - they are an action that follows
the issue of a permit. So consequently, charges may be imposed in cases where a development permit for a lot
reconfiguration or material change of use of premises has previously been granted, but a development permit
for building works is yet to issue.
Council’s decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Council’s Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
The Infrastructure Charges Notice includes “Special Notes” (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 4
[OCR of page images]
vd
2 NOOSA
Council
ADDITIONAL INFORMATION ON
INFRASTRUCTURE CHARGES NOTICE
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of ‘trunk’ infrastructure provided to service development and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
© Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to
their specified “Trunk” infrastructure networks.
The planning legislation provides for the following:
a) authorises localgovernments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges (Refer to the
"Noosa Shire Council Charges Resolution” under which the infrastructure charge was issued);
(ii) impose particular conditions about development infrastructure; and
6) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
The triggers for issuing infrastructure charges are generally triggered by the issue of a development permit
for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Infrastructure charges are not imposed by condition ona development permit - they are an action that follows
the issue of a permit. So consequently, charges may be imposed incases where a development permit for a lot
reconfiguration or material change of use of premises has previously been granted, but a development permit
for building works is yet to issue.
Councils decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Councils Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits’.
The Infrastructure Charges Notice includes “Special Notes” (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 4
Page 5
1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained in a development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council’s planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
3. FURTHER INFORMATION & INFRASTRUCTURE CHARGES ENQUIRIES
Further information on Infrastructure Charges is provided for viewing on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council’s office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater’s office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation. Full particulars with supporting documentation must be provided
by the recipient to enable Council’s assessment of the representation to occur.
If Council agrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Council’s decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Council’s decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Council’s decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 5
[OCR of page images]
1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
6. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing ‘lawful’ uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained ina development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk,
infrastructure. Councils planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld gov.au/vie w-the-noosa-plan
Further information on Infrastructure Charges is provided for viewing on Councils website:
https ://www.noosa.gld gov.au/home page /165/infrastructure-charges
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Councils office:
Phone: (07) 5329 6211 0r 5329 6449 during office hours; or
E-mail: [email protected] gov.au
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater'’s of fice:
Phone: 1300 086 489 or (07) 54318333 during office hours; or
E-mail: [email protected]
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Councilabout the infrastructure charges notice in
accordance with the planning legislation. Full particulars with supporting documentation must be provided
by the recipient to enable Councils assessment of the representation to occur.
If Councilagrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Councils decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Councils decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Councils decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 5
Page 6
ABN 97.969.214.121 PO Box 141 noosa.qld.gov.au Tewantin QLD 4565 [email protected] 07 5329 6500 ICN - Page 6 [OCR of page images] SENOOSA ie al Rights PLANNING ACT 2016 & PLANNING REGULATION 2017 Chapter 6 Dispute resolution Part 1 Appeal rights 229 Appeals to tribunal or P&E Court (1) Schedule 1 of the Planning Act 2016 states — (a) Matters that may be appealed to — (either a triounaé or the PSE Court: or () only a tribunal; or (U) only the P&E Court; and (b) The person- (who may appeat a matter (the appellant): and () who Is 2 respondent in an appeal of the matter, and (lll) who Is 2 co-respondent In an appeal of the matter, and (¥) who may elect to be a co-respondent In an appeal of the mater. (2) An appellant may start an appeal within the appeal period. (3) The appeal penog is — a) 2 an appeal by a buliing aherry agency — 10 bine days after a decision notice for the decision is gven to the agency, or (b) for an appeat against a deemed refusal — at any time after the deemed refusal happens; or (c) for an appea! against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of — 20 business days after a notice us pubilshed under section 269(3)a) or (4); or (@) for an appeal against an infrastructure charges notice — 20 business days after the infrastucture charges notice Is given to the person; or (€) for an appeal about a deemed approval of a development application for which a decision notice as not been given — 30 business days after the applicant gives Me deemed approval notice to the assessment manager. or (f) for any other appeat — 20 business days after a notice of the decision for the matter, including an enforcement notice, Is given to the person. Note - ‘See the P&E Court Act for te court's power to extend the appeal period. (4) Each respondent and co-respondent for an appeal may be heard In the appeat. (5) Mf an appeal is only about a referral agency's response, the assessment manager may apply to the tribunal or P&E Court to witharaw trom the appeal. (6) To remove any doubt. it is deciared that an appeal against an Infrastructure charges notice must not be about- (a) the adopted charge Itsett, or (b) for a decision about an offset or refund- () the establishment cost of trunk infrastructure Identfied in aLGP; or (0) the cost of infrastructure decided using the method Included In the locat government's charges resolution. 230 Notice of appeal (1) An appetant starts an appeat by lodging, with the registrar of the ‘tnbunal or P&E Court, 2 note of appeal that (a) Is in the approved form: and (b) succinctly states me grounds of the appeat. (2) The notice of appeal must be accompanied by the required fee. (3) The appellant or, for an appeal to a inbunai, the registrar must, within the service period, give 2 copy of the notice of appeal to - (a) the respondent for the appeal: and (b) each co-respondent for the appeal; and (c) for an appeal about a development application under conedute table 1, Item 1 — each principal submitter for the Gove applica, and (@) for and appeal about a change application under schedule 1, table 1, Item 2 — each principal submitier for the change application; and (€) each person who may elect to become a co-respondent for the appeal, other than an submitter who Is not 2 principal submitter in an appeal under paragraph (c) or (¢): and (Tf) for an appeal to the P&E Court — the chief executive: and (g) for an appeal to a triounal under another Act — any other Person who the registrar considers appropriate. (4) The service period Is - (a) Mf a submitier or advice agency started the appeal In the P&E Court — 2 business days after the appeal has started; or (>) otherwise — 10 business days afer the appeal Is started. (5) A notice of appeal given to a person who may elect to be 2 co respondent must state the effect of subsection (6). (6) A person elects to be a co-respondent by fling a notice of election, In the approved form, within 10 business days after the notice of appeat Is given to the person. 231 Other appeals (1) Subiect to Bis chapter schedule 1 and the P&E Court Act, unless Court decides a decision or other mater under this Actic tected by putedictonal enor, the decision or matter is non- appeaiable. (2) The Judicial Review Act 7907, part 5 appiles to the decision or Matter to the extent it Is affected by jurisdictonal error. (3) A person who, but for subsection (1) could nave made an application under the Judicial Review Act 1997 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to Ne decision or matter. (4) In this secton -— decision inciudes- (3) conduct engaged In tor the purpose of making 2 decision; and (b) other conduct tat relates to the making of a decision; and (c) the making of 2 decision or failure to make a decision; and (0) a purported decision; and (e) a deemed retusal. non-appealable, for 2 decision or matter, means the decision or matter- (a) Is fat and conctusive; and (D) may not be challenged, appealed against, reviewed, quashed, set aside or called into question In any other way under the Judicial Review Act 1901 or otherwise, whether by the Supreme Court, another court, a triounal or anoter entity: and (c) IS not subject to any dectaratory, Injunctve or omer order of the Supreme Court, another court, a triounal or another entity ‘on any ground. 232 Rules of the PSE Court (1) A person who Is appealing to the P&E Court must comply with the rules of the court that apply to the appeal. (2) However, the P&E Court may hear and decide an appeal even It the person has not compiled with the rules of the P&E Court ABN 97.969.214.121 noosa.qid.gov.au [email protected] PO Box 141 Tewantin QLD 4565 07 5329 6500 ICN - Page 6