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

                                                                                       2005/1148

      (a) any part of the approval relating to the    (1)    A person to whom a notice under section
         assessment manager’s decision about                 378(9)(b) giving a decision to change or
         any part of the application requiring               cancel a condition of a development approval
         impact assessment under section 314; or             has been given may appeal to the court
      (b) any part of the approval relating to the           against the decision in the notice.
          assessment manager’s decision under         (2)    The appeal must be started within 20
          section 327                                        business days after the day the notice of the
(3)   The appeal must be started within 20                   decision is given to the person.
      business days after the day the decision        For Building Works Only
      notice or negotiated decision notice is given   532    Appeals by applicants
      to the advice agency as a submitter.
                                                      (1)    If—
(4)   However, if the advice agency has given the
      assessment manager a notice under section              (a) a person has been given, or is entitled to
      339(1)(b)(ii), the advice agency may not                  be given—
      appeal the decision.                                       a.      an information notice under the
465   Appeals about decisions         relating   to                      Building Act about a decision
      extensions for approvals                                           other than a decision under
                                                                         that Act made by the
(1)   For a development approval given for a                             Queensland Building Services
      development application, a person to whom a                        Authority; or
      notice is given under section 389, other than
      a notice for a decision under section 386(2),              b.      an information notice under the
      may appeal to the court against the decision                       Plumbing and Drainage Act
      in the notice.                                                     2002 about a decision under
                                                                         part 4 or 5 of that Act; or
(2)   The appeal must be started within 20
      business days after the day the notice of the          (b) a person—
      decision is given to the person.                           a.        was an applicant for a building
(3)   Also, a person who has made a request                                development approval; and r
      under section 383 may appeal to the court                  b.        is dissatisfied with a decision
      against a deemed refusal of the request                              under the Building Act by a
                                                                           building certifier or referral
(4)   An appeal under subsection (3) may be
                                                                           agency about inspection of
      started at any time after the last day the
                                                                           building work the subject of the
      decision on the matter should have been
                                                                           approval; the person may
      made.
                                                                           appeal against the decision to
466   Appeals about decisions         relating   to                        a building and development
      permissible changes)                                                 committee.
(1)   For a development approval given for a          (2)    An appeal under subsection (1) must be
      development application, the following                 started within 20 business days after the day
      persons may appeal to the court against a              the person is given notice of the decision.
      decision on a request to make a permissible
                                                      (3)    If—
      change to the approval—
                                                             (a) under the Building Act, a person makes
      (a) if the responsible entity for making the               an application other than a building
         change is the assessment manager for
                                                                 development application to a local
         the application—                                        government; and
         (i)   the person who made the request;
                                                             (b) the period required under that Act for the
               or                                                local government to decide the
         (ii) an entity that gave a notice under                 application (the decision period) has
               section 373 or a pre-request                      passed; and
               response notice about the request             (c) the local government has not decided
      (b) if the responsible entity for making the               the application; the person may appeal
          change is a concurrence agency for the                 to a building and development
          application—the person who made the                    committee against the lack of the
          request..                                              decision and for the committee to decide
(2)   The appeal must be started within 20                       the application as if it were the local
      business days after the day the person is                  government.
      given notice of the decision on the request     (4)    An appeal under subsection (3) must be
      under section 376.                                     started within 20 business days after the end
(3)   Also, a person who has made a request                  of the decision period..
      under section 369 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.
467   Appeals about changing or cancelling
      conditions imposed by assessment
      manager or concurrence agency

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