GE11-N Planning Act 2016 - Appeal provisions · MCU19/0001.01

(5) If 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 itself; or
      (b)     for a decision about an offset or refund—
            (i) the establishment cost of trunk infrastructure identified in a LGIP; or
            (ii) the cost of infrastructure decided using the method included in the local
                 government’s charges resolution.
230 Notice of appeal
(1)     An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice
        of appeal that—
      (a)     is in the approved form; and
      (b)     succinctly states the grounds of the appeal.
(2)     The notice of appeal must be accompanied by the required fee.

(3)     The appellant or, for an appeal to a tribunal, the registrar, must, within the service period, give a
        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 schedule 1, table 1, item 1—each
            principal submitter for the development application; and
        (d) for an appeal about a change application under schedule 1, table 1, item 2 —each principal
            submitter for the change application; and
        (e) each person who may elect to become a co-respondent for the appeal, other than an
            eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d);
            and
        (f) 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 is started; or
      (b)     otherwise—10 business days after the appeal is started.
(5)     A notice of appeal given to a person who may elect to be a co-respondent must state the effect
        of subsection (6).
(6)     A person elects to be a co-respondent by filing a notice of election, in the approved form, within
        10 business days after the notice of appeal is given to the person.
(7)     Despite any other Act or rules of court to the contrary, a copy of a notice of appeal may be given
        to the chief executive by emailing the copy to the chief executive at the email address stated on
        the department’s website for this purpose.
231 Other appeals
(1)     Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a
        decision or other matter under this Act is affected by jurisdictional error, the decision or matter is
        non-appealable.




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