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Attachment 2 - Negotiated Decision Notice 132005-638-03

Attached to the e-mail Development Application 132005_638_04 - Representations made to SARA.

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Noosa Council documents




                                                                             Officer:            Samuel Osakwe
                                                                             Direct Telephone:   07 53296316
                                                                             Our Reference:      132005.638.03
                                                                             Your Reference:     n/a

               22 May 2024


               Noosa Shire Council
               C/- Adamson Town Planning Pty Ltd
               PO Box 894
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam
                                                Negotiated Decision Notice
                                                       Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               16 May 2024, Council decided your representations. This negotiated decision notice replaces the
               decision notice of 15 February 2024.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:                132005.638.03

                   Street address:                Eumundi Land Fill 561 Eumundi Noosa Rd Doonan Qld 4562

                   Real property description:     Lot 77 SP 177938, Lot 77 SP 298776

                   Planning Scheme:               Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 24 November 2005.
               •       Material Change of Use – Expansion of Special Purpose (Waste Disposal & Recycling
                       Facility) & Ongoing Clearing Purposes.
               In relation to representations, Council on 16 May 2024 decided to:
               A.      Agree to amend conditions 40 and 43.
               B.      Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                                 PO Box 141
               noosa.qld.gov.au                                                            Tewantin QLD 4565
               [email protected]                                                            07 5329 6500
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               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      When Conditions must be Complied With
                      Land Use
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plan is titled Proposed Future Development
                      of Noosaville Landfill stamped and dated 24 November 2005 and as may be amended by
                      these conditions.
               2.     The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance or other emissions.
               3.     Existing trees on the site and within road reserves are to be retained, except where required
                      to be removed due to building operations or the conduct of the approved use.
               4.     Cleared vegetation is to be suitably processed by one of the following methods and removed
                      from the site:-
                      4.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
                           loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
                           minimum of 10 metres between edges of heaps.
                      4.2. Disposal for firewood.
                      4.3. Disposal for landscaping purposes.
                      4.4. Transport to alternative site for breaking down materials provided that all necessary
                           permits have been obtained to allow the alternate site to be used for this purpose.
                      4.5. The Applicant is advised that burning off is an unacceptable method of disposal.
               5.     Any advertising sign or device is to comply with Council's policies on advertising.
               6.     A Bushfire Management Plan is required to be prepared by a suitably qualified expert
                      detailing any measures that are required to be undertaken on the subject site to ensure the
                      risk of bushfire hazard is minimised and managed. The plan shall be to the reasonable
                      satisfaction of the Queensland Fire and Rescue Service.
               7.     The proposed extensions to the Waste disposal and recycling facility shall incorporate
                      requirements for the management of acid sulfate soils in accordance with State Planning
                      Policy 2/02 - Planning and Managing Development Involving Acid Sulfate Soils.
               8.     A Koala Management Plan is required to be prepared by a suitably qualified expert detailing
                      any proposed relocation of koalas and rehabilitation of other areas of the site with suitable
                      koala food trees, if appropriate.
               9.     The Development Permit for a material change of use of premises lapses if the use has not
                      happened by 24 November 2009 unless an application to extend the currency is approved
                      by Council.
                       Land Development
               10.    Any person acting on this permit shall prevent erosion and sediment export from leaving the
                      site. Site control measures such as silt fencing, controlled gravel access to the site and
                      controlled disposal of waste, will be necessary.
               11.    Prior to undertaking any excavation, the person acting on this permit shall contact public
                      utility service providers to ascertain the location of their underground services
               12.    The person acting on this permit shall apply and obtain all other necessary permits including
                      crane, road opening, hoarding, footpath occupation and/or any other approvals required
                      under any other Act or By-Law.



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               13.    The transportation of all materials to and from the site shall be undertaken in a manner such
                      that no particulate matter escapes onto a public road. All vehicles carrying materials either
                      to or from the site shall be covered to prevent materials including dust being windblown from
                      the vehicle.
                 Additional conditions 15 February 2024
               14.    Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Approved Plans
               15.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the
                      commencement of any works commencing on the site.

                        Plan No.           Rev.    Plan/Document Name                           Date

                        501042 CO2         A       Proposed site layout plan prepared by 7/12/2023
                                                   Noosa Council

                        501042 CO2         A       Proposed offset planting plan prepared 7/12/2023
                                                   by Noosa Council

                        JOO352R1V2         -       Noosa Landfill RRA flood Assessment 6/04/2022
                                                   prepared by Hydrology and Water
                                                   Management Consulting

                      The following plans require amendment.

                        Plan No.           Rev.    Plan/Document Name                           Date

                        <R2015             B       Noosa   Landfill   –     Stormwater 7/12/2023
                                                   Management Plan prepared by Topo
                                               ▪   Update the report to reflect the current masterplan for the
                        Amendments
                                                   site and the specific changes for the site encompassed by
                                                   the application
                                               ▪   Specify the final HES basin detail from the range of options
                                                   presented in the report, including consideration of whether
                                                   a Type-B HES basin may present a lower-risk option
                                                   compared to the flap-gated arrangement proposed to
                                                   prevent back-flows into the Type-A arrangement as
                                                   currently proposed
                                               ▪   Include all details for the sizing and proposed levels of the
                                                   HES basin within the body of the report, based on recent
                                                   detailed survey at the point of discharge and downstream;
                                                   and
                                               ▪   Include construction-phase erosion and sediment control
                                                   plans which document how the transition from the current
                                                   HES basin location to the ultimate location (including filling
                                                   for the RRA pad) will be achieved


                      *(Refer to Advisory Note)




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                      Nature and Extent of Approved Use
               16.    This development permit authorises a Utility Installation (Waste disposal and recycling
                      facility) to be established on the site. The subject use is limited to waste management and
                      ancillary activities associated with the primary use occurring on the site.
               17.    The landfill waste management activities must not extend outside the designated use areas
                      as shown on the approved plans. Signage is to be placed along the northern, eastern, and
                      southern boundaries of the approved use areas to assist in delineating the edge of the
                      approved use areas and surrounding bushland.
               18.    This approval does not approve any new building or structures within the resource recovery
                      area except for any fencing or signage permitted as part of this approval.
                      Public safety
               19.    Public signage must be erected along all internal roads to assist the public navigate through
                      the site, in particular the resource recovery area.
               ECOLOGY AND ENVIRONMENT
               20.    A detailed Offset Delivery Plan (ODP) must be developed in accordance with the
                      Environmental Offsets Act 2014. The development must offset a minimum 500 non juvenile
                      koala habitat trees (the impact) at the ratio of 6:1 to satisfy the State Government Supported
                      Infrastructure Koala Policy 2017.The ODP shall include details such as species composition,
                      planting density, planting methodology, annual reporting and include a minimum 5-year
                      maintenance for the proposed 1.8ha Offset area.
               21.    Certification must be submitted to Council from a qualified person* which certifies that the
                      subject works have been undertaken in accordance with the approved Offset Delivery Plan
                      prior to the commencement of the use of the additional area.
                      *(Refer to Advisory Note)
               22.    Construct a minimum 1.8m temporary fence around the operational areas of the landfill to
                      prevent rubbish from leaving the landfill area and depositing in the adjoining bushland.
               23.    A Weed Management Plan must be prepared which addresses weed management along the
                      interface of the proposed earthworks footprint with bushland areas, including but not limited
                      to a minimum 5m grassed buffer area between the proposed resource recovery and the
                      adjoining vegetation to the north. Control of all weed species listed in the following standards
                      and legislation must be undertaken:
                      a. Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
                         Regulation 2016)
                      b. Council’s Biosecurity Plan 2020 pest plants listed in schedule 1 part 3, schedule 2, and
                         nonscheduled invasive species.
               24.    The requirements and recommendations of the approved weed management plan must be
                      implemented. Certification must be submitted to Council from a qualified person* which
                      certifies that the subject works have been undertaken in accordance with the approved Weed
                      Management Plan.
                      *(Refer to Advisory Note)
               25.    A Sediment and Erosion Control Plan must be prepared by a suitably qualified person*.
               26.    The sites supervising engineer must ensure that the sediment and erosion control measures
                      have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods,
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods,
                      c.      Been revised to address predicted rainfall events, and


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                      d.      Achieve the desired environmental outcomes.
               27.    The erosion and sediment control measures must be designed, installed, and maintained in
                      accordance with the current best practice standards.
               28.    Certification must be submitted to Council from a qualified person* which certifies that the
                      subject works have been undertaken in accordance with the Sediment and Erosion Control
                      Plan.
                      *(Refer to Advisory Note)
               29.    A Vegetation Removal & Fauna Management Plan must be prepared by a suitably qualified
                      person to mitigate the risk of clearing impacts to all native fauna and adjoining vegetation.
                      The sequential clearing requirements specified under the Nature Conservation (Koala)
                      Conservation Plan 2017 are to be adopted in the Plan.
               30.    A suitably qualified person must be engaged to manage flora and fauna prior and during
                      clearing to ensure works are carried out in accordance with the Vegetation Removal and
                      Fauna Management Plan (required as part of this approval) and the Nature Conservation Act
                      1992.
               31.    Certification must be submitted to Council from a qualified person* which certifies that the
                      subject works have been undertaken in accordance with the approved Vegetation Removal
                      & Fauna Management Plan.
                      *(Refer to Advisory Note)
               32.    An Arborist Assessment must be completed by a suitably qualified and experienced Level 5
                      consulting arborist of the trees likely to be impacted along the edge of the earthworks footprint
                      and any recommendations made are adopted. Disturbance to retained remnant vegetation
                      and tree root protection zones of large, retained habitat trees (trees with dbh >300mm) that
                      occur next to the clearing area is to be avoided as far as practicable.
               33.    Certification must be submitted to Council from a qualified person* which certifies that the
                      subject works have been undertaken in accordance with the approved Arborist assessment.
                      *(Refer to Advisory Note)
                      Bushfire management
               34.    A bushfire hazard assessment must be prepared in accordance with the SPP 2019
                      Guidelines: Natural hazards Risk and Resilience Bushfire 2019 and the QFES Bushfire
                      Resilience Community 2019 for the development.
               35.    The development must be carried out in accordance with the requirements and
                      recommendations of the Bushfire Management Plan. Certification must be submitted to
                      Council from a qualified person* which certifies that the subject works have been undertaken
                      in accordance with the approved Bushfire Management Plan.
                      *(Refer to Advisory Note)
               36.    A copy of the Bushfire Management Plan must be provided to the nearest fire authority and
                      always maintained at the waste management facility site office.
               37.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been undertaken and constructed in accordance with the bushfire
                      management conditions of this Decision Notice.
                      *(Refer to Advisory Note)
               38.    A review and certification of the Bushfire Management Plan is required every 5 years to
                      ensure its currency and must be submitted to Council from a qualified person*.
                      *(Refer to Advisory Note)
                      Environmental covenant
               39.    A vegetation protection covenant must be registered against the title/s of the property over



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                      the area identified as the 1.8ha Proposed Offset Planting Area as shown on the Approved
                      Plans pursuant to Section 97A of the Land Title Act 1994. The covenant document and a
                      survey plan must be submitted to Council for endorsement prior to lodgement with the
                      relevant titles authority for registration of title. The covenant document must:
                      a.      incorporate the requirements of this Decision Notice
                      b.      include Noosa Council as Covenantee reference Queensland Land Title Registry
                              Standard Terms Document No. 715597513.
               40.    The vegetation protection covenant document must be registered with the titles office before
                      the commencement of the use of the expanded Resource Recovery Area.
               ENGINEERING
                      Earthworks and Retaining Walls
               41.    All fill and associated batters must be contained entirely within the approved use area and
                      must be designed and certified by a suitably qualified person.
                      Acid Sulfate Soils
               42.    An Acid Sulfate Soils Investigation Report must be prepared to mitigate the risk of acid sulfate
                      soils on the adjacent bushland /wetland areas.
                      All requirements and recommendations of the Acid Sulfate Soils Investigation Report must
                      be certified by a suitably qualified person*.
                      *(Refer to Advisory Note)
               STORMWATER
               43.    Prior to the construction of the pad area for the expansion of the Resource Recovery Area
                      (RRA) and the relocation of the HES basin, provide an updated SWMP, which is based on
                      the Noosa Landfill – Stormwater Management Plan (Topo, 7/2/2022) and which addresses
                      the following:
                      a.      Update the report to reflect the approved masterplan for the site and the specific
                              changes for the site encompassed by the application;
                      b.      Specify the final HES basin detail from the range of options presented in the report,
                              including consideration of whether a Type-B HES basin may present a lower-risk option
                              compared to the flap-gated arrangement proposed to prevent back-flows into the Type-
                              A arrangement as currently proposed;
                      c.      Include all details for the sizing and proposed levels of the HES basin within the body
                              of the report, based on recent detailed survey at the point of discharge and
                              downstream; and
                      d.      Include construction-phase erosion and sediment control plans which document how
                              the transition from the current HES basin location to the ultimate location (including
                              filling for the RRA pad) will be achieved.
               44.    All future building floor levels and waste management areas are to be provided with surface
                      levels which are a minimum of 300mm above the 1%AEP local flood level, including
                      allowance for climate change by year 2100.
               45.    Works are to be undertaken generally in accordance with the Noosa Landfill RRA Flood
                      Assessment (J00352R1V2) by Hydrology and Water Management Consulting, dated
                      6/4/2022. In conjunction with detailed design for the project, the design of the fill pad and the
                      Flood Assessment are to be updated to incorporate a system for flow conveyance and
                      distribution along the northern boundary of the fill pad which achieves greater replication of
                      existing flow patterns to the retained vegetation north of the works. This is required in order
                      to mitigate potential changes in wetness resulting from frequent discharges or the risk of
                      erosion during less frequent events.




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               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:
                Referral Status        Referral Agency and Referral Trigger           Response
                                       Address
                Concurrence            Department of Natural Clearing native          The agency provided its
                                       Resources & Mines, PO vegetation               response on 1 November
                                       Box 383, Gympie QLD                            2005    (Reference  No.
                                       4570                                           2005/10121697737).   A
                                                                                      copy of the response is
                                                                                      attached
                Concurrence            Department of Main Material change of          The agency provided its
                                       Roads, PO Box 183, use of premises near        response on 3 June 2005
                                       Gympie QLD 4570    a State transport           (Reference No. 2005/638).
                                                          corridor                    A copy of the response is
                                                                                      attached
                Concurrence            Department of State •        Clearing native   The agency provided its
                                       Development,                 vegetation        response on 15 January
                                       Infrastructure,  Local •     State transport   2024      (Reference No.
                                       Government        and        corridors and     2311-37804 SRA). A copy
                                       Planning (SARA),             future state      of the response is attached
                                       PO       Box     1129,       transport
                                       Maroochydore      QLD        corridors
                                       4558


               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               1.     All clearing of vegetation is to be undertaken in accordance with the recommendations of the
                      Environmental Assessment Report Flora and Fauna study for the proposed expansion of the
                      Noosaville Waste Landfill which include the following protective measures for Fauna

                        PROTECTIVE MEASURE                                     SPECIES AFFECTED

                        Establish a protective buffer of at least 30m around Wallum froglet
                        shallow acidic water bodies

                        Maintain water quality and hydrological patterns Wallum froglet
                        within the habitat of the species

                        No prescribed burns in the winter months around Wallum froglet
                        water bodies

                        Protect the heath where-ever possible                  Ground parrot

                        Mosaic burns should be conducted to maintain the Ground parrot
                        integrity of the heath. Prescribed burns should not be
                        more frequent than every two to three years, but at
                        least every 15 years



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                        Retain nectar and fruit-bearing trees                    Grey-headed flying-fox

                        Care should be taken to ensure that no animals are Echidna
                        killed during clearing for the new waste disposal site
                                                                               Hollow-using species

                        Retain hollow-bearing trees where possible               Hollow-using species

                      Qualified Person
               2.     For the purpose of preparing an Acid Sulfate Soils Management Plan, a qualified person is
                      considered to be a person who:
                      a.      Is a Registered Professional Engineer of Queensland (RPEQ); or
                      b.      Environmental/Soil Scientist with current professional membership status at a relevant
                              organisation (e.g. ASSSI, AIG; EIANZ; GSA); and
                      c.      Has a minimum of 5 years of professional experience in the field of Acid Sulfate Soils.
               3.     For the purpose of preparing and certifying in accordance with an offset management plan,
                      a qualified person is considered to be an ecologist with a minimum of 3 years current
                      experience in vegetation offset management.
               4.     For the purpose of Preparing management plans, certification and managing plant pests, a
                      qualified person is considered to be:
                      a.             an environmental consultant with a minimum of 3 years current experience in the
                              field of pest plant management.
               5.     For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
                      be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
                      and management and with a current certification under the Queensland Parks and Wildlife
                      Services.
               6.     For the purpose of preparing an Arborist Report, a qualified person is considered to be a
                      person with either:
                      a.               ISA certification; or
                      b.            a Diploma of Arboriculture in addition to a minimum of 3 years current experience
                              in the field of arboriculture.
               7.     For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                      with the bushfire requirements of this Decision Notice, a qualified person is considered to be
                      an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
                      and management.
                      Advertising Devices
               8.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Resubmission of Amended Plans Required
               9.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments. Please address the amended plans to Council’s Development Assessment
                      Branch with the Reference No. 132005.638.03.
                      Nature Conservation Act
               10.    It is the responsibility of the applicant to ensure compliance with the Nature Conservation
                      Wildlife Management Regulation 2006 which is regulated by the State Government.



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                      There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
                      Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
                      Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
                      Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
                      permits/plants-animals/protected-plants/ or by calling the Department of Environment and
                      Heritage Protection on 1300 130 372.
                      There may also be a requirement to obtain State Government Approval of a Species
                      Management Plan prior to any activities that tamper with any place that is being used by a
                      native animal for breeding activities. This is regulated by Section 332 of the Nature
                      Conservation Wildlife Management Regulation 2006. Further information regarding this
                      matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
                      animals/species-management-program/ or by calling the relevant State Department.
                      Infrastructure Charges
               11.    All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further information, please refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.
               Yours faithfully,




               Patrick Murphy
               Manager Development Assessment



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               Enc:     Appeal Rights
                        Referral Agency Response

               cc.      [email protected]
                        Unitywater




               DECISION NOTICE HISTORY
               •     Original Decision Notice – 24 November 2005. Material Change of Use – Expansion of Special Purpose (Waste Disposal and
                     Recycling Facility) and Ongoing Clearing Purposes
               •     Other Change – 15 February 2024, amend the approved plans and inclusion of additional conditions 14 - 45
               •     Negotiated Decision Notice – 16 May 2024, with an amendment to conditions 40 and 43.




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                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (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 –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –                                              1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and                                                application; and
                   (b) The person-                                                                (e) each person who may elect to become a co-respondent for the
                                                                                                      appeal, other than an eligible submitter who is not a principal
                         (i)   who may appeal a matter (the appellant); and
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and                 (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and             (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the                 person who the registrar considers appropriate.
                              matter.                                                         (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.                     (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –                                                             Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the          (5) A notice of appeal given to a person who may elect to be a co-
                       agency; or                                                                 respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the         (6) A person elects to be a co-respondent by filing a notice of election,
                       deemed refusal happens; or                                                 in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter            appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of        231 Other appeals
                       premises – 20 business days after a notice us published under
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or
                                                                                                  the Supreme Court decides a decision or other matter under this
                   (d) for an appeal against an infrastructure charges notice – 20                Act is affected by jurisdictional error, the decision or matter is non-
                       business days after the infrastructure charges notice is given             appealable.
                       to the person; or
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                   (e) for an appeal about a deemed approval of a development                     matter to the extent it is affected by jurisdictional error.
                       application for which a decision notice has not been given –
                                                                                              (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                   (f)   for any other appeal – 20 business days after a notice of the            statement of reasons in relation to the decision or matter.
                         decision for the matter, including an enforcement notice, is
                                                                                              (4) In this section –
                         given to the person.
                                                                                                  decision includes-
               Note –
                   See the P&E Court Act for the court’s power to extend the appeal               (a) conduct engaged in for the purpose of making a decision; and
                   period.                                                                        (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard                   (c) the making of a decision or failure to make a decision; and
                   in the appeal.
                                                                                                  (d) a purported decision; and
               (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                   (e) a deemed refusal.
                   withdraw from the appeal.                                                      non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an                  matter-
                   infrastructure charges notice must not be about-                               (a) is final and conclusive; and
                   (a) the adopted charge itself; or                                              (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-                                      set aside or called into question in any other way under the
                                                                                                      Judicial Review Act 1991 or otherwise, whether by the
                         (i)   the establishment cost of trunk infrastructure identified in           Supreme Court, another court, a tribunal or another entity; and
                               a LGIP; or
                                                                                                  (c) is not subject to any declaratory, injunctive or other order of
                         (ii) the cost of infrastructure decided using the method                     the Supreme Court, another court, a tribunal or another entity
                              included in the local government’s charges resolution.                  on any ground.
               230 Notice of appeal                                                           232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the        (1) A person who is appealing to the P&E Court must comply with the
                   tribunal or P&E Court, a notice of appeal that-                                rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (b) succinctly states the grounds of the appeal.                               the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                  Page 23 of 23
Document Set ID: 23023312
Version: 9, Version Date: 22/05/2024                                                                                                          Print Date: 22 May 2024, 12:20 PM

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