Decision Letter - Change to an Existing Approval - 010.2005.00001148.003 [As Published] · 132005.1148.03

                                                 Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009


                                                                       (ii)  the length of a period mentioned in
The following is an extract from the Sustainable                             section 341 for the approval.
Planning Act 2009 (Chapter 6).
                                                            (3)     However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter—
LOT & OPERATIONAL WORKS                                             (a) withdraws the submission before the
Division 8 - Appeals to          court   relating   to                 application is decided; or
development applications                                            (b) has given the assessment manager a
461     Appeals by applicants                                          notice under section 339(1)(b)(ii).
(1)     An applicant for a development application          (4)     The appeal must be started within 20
        may appeal to the court against any of the                  business days (the submitter’s appeal
        following-                                                  period) after the decision notice or
        (a) the refusal, or the refusal in part, of a               negotiated decision notice is given to the
           development application;                                 submitter.
        (b) any condition of a development approval,        463   Additional and extended appeal rights for
           another matter stated in a development                 submitters for particular development
           approval and the identification or inclusion           applications
           of a code under section 242                      (1)     This section applies to a development
        (c) the  decision to give a preliminary                     application to which chapter 9, part 7
           approval when a development permit was                   applies.
           applied for;                                     (2)     A submitter of a properly made submission
        (d) the length of a period mentioned in                     for the application may appeal to the court
           section 341;;                                            about a referral agency’s response made by
                                                                    a prescribed concurrence agency for the
        (e) a deemed refusal of the development                     application.
            application.                                    (3)     However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or              against a referral agency’s response to the
        (d) must be started within 20 business days                 extent it relates to—
        (the applicant’s appeal period) after—
                                                                    (a) if the prescribed concurrence agency is
        (a) if a decision notice or negotiated decision                the chief executive (environment)—
            notice is given—the day the decision                       development for an aquacultural ERA; or
            notice or negotiated decision notice is
                                                                    (b) if the prescribed concurrence agency is
            given to the applicant; or
                                                                       the    chief   executive       (fisheries)—
        (b) otherwise—the day a decision notice was                    development that is—
            required to be given to the applicant.
                                                                       (i)    a material change of use of
(3)     An appeal under subsection (1)(e) may be                              premises for aquaculture; or
        started at any time after the last day a                       (ii)   operational work that is the removal,
        decision on the matter should have been                               damage or destruction of a marine
        made.                                                                 plant
462     Appeals by submitters - general                     (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application                   appeal against the following matters for the
        may appeal to the court only against-                       application even if the matters relate to code
        (a) the part of the approval relating to the                assessment—
           assessment manager’s decision about                      (a) a decision about a matter mentioned in
           any part of the application requiring                       section 462(2) if it is a decision of the
           impact assessment under section 314; or                     chief executive (fisheries);
        (b) the part of the approval relating to the                (b) a referral agency’s response mentioned in
            assessment manager’s decision under                       subsection (2).
            section 327.                                    464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under           (1)     Subsection (2) applies if an advice agency, in
        subsection (1), the appeal may be against 1                 its response for an application, told the
        or more of the following—                                   assessment manager to treat the response
        (a) the giving of a development approval;                   as a properly made submission.
        (b) any provision of the approval including—        (2)     The advice agency may, within the limits of its
           (i)    a condition of, or lack of condition              jurisdiction, appeal to the court about—
                  for, the approval; or

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