IC-N2018_PC24-0638_15 Adams Street SUNSHINE BEACH

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 penod ts -

a) for an ype by a bulding axbteory agency ~ 10 busess
days afer a decision notice for the decision Is gven to the

(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

(2) 30h person who may elect to become a co-respondent for the
appeal, other than an supmitter who is not 2 principal
subenitter 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 tribunal under another Act — any other
person who the registrar considers appropriate.
(4) The service period Is -

(a) if a submitter or advice agency started the appeal in the P&E
Court - 2 business days after the appeal has started or

(>) otherwise — 10 business days after the appeal Is started.

agency, oF (5) A notice of appeal given to a person who may elect to be a co
(b) for an appea against a deemed retusa! — at any tme after the respondent must state the effect of subsection (6).
Geemed refusal happens; or (6) A person elects to be a co-respondent by fling a notice of election,

(c) for an appeal 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 publlshed under

Section 269(3)/a) or (4); or

(0) 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 dacision notice has not been given —
30 business days after the applicant gies Te deemed
approval notice to the assessment manager, or

(1) for any other appeat — 20 business days after a notice of the
Gecision for the matier, Inciuding an enforcement notice, Is
given to the person.

Note —

‘See the P&E Court Act for the court's power fo extend the appeal
period.

(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.

(5) @ an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.

(6) To remove any doubt. It is declared 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

(i) the cost of infrastructure decided using the method
Included In the local 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.

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