01072015144724 · MCU10/2065

 

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MATERIAL CHANG

.- s , . " i | = h / :
S n I n c Coa st a eeaerghts AGT 2009 & SUSTAINABLE PLANNING

Regional Council :

REGULATION 2009

MCU10/2065:

  

 

 
    

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E OF USE, RECONFIGURING A LOT &

OPERATIONAL WORKS

Division 8

461
(1)

(3)

462
(1)

 

(4)

. Negotiated decision notice is

463
Q)

to
and

Appeals to.
development
approvals

court relating
applications

Appeals by applicants

An applicant fora development application may appeal!

to the court against any of the following—

(a) the refusal, or the refusal in part, of the

development application;

(b) any condition of a development approval, another
Matter stated in a development approval and the
identification or inclusion of a code under section

242; .

the decision to give a preliminary approval when a

development permit was applied for; :

the length of a period méntioned in section 341;

(€) a deemed refusal of the development application,

An. appeal under subsection (1){@), (b), (c) or (d)'must

~ be started within 20 business days (the applicant’s

appeal period) after—_ . .

(a) if a decision notice or Negotiated decisicn notice
is given—the day the decision notice or
negotiated decision notice is given to the
applicant; or *

(b)  otherwise—the day. a decision’ notice was
required to be given to the ‘applicant.

An appeal under subsection (i)(e) may be started at
any time after the fast day a decision on the matter
should have been made.

(e)
(a)

Appeals by submitters—general

A submitter for a development application may appeal
to the court only against—

(a) the part of the approval relating to the
assessment manager's decisiori about any part of
the application fequiring impact assessment
under section 314; or

the part _of _th

....elating---to---the---~
nm under section

(b)

   

 

 

To the extent an appeal may be made under
subsection (1), the appeal may be against 1 or more of
the following— :
(a) .the giving of a development approval;
{b) any provision of the approval including—
(i) a condition of, or lack of Condition for, the
approval; or :
(i) the length of a period mentioned in section
341 for the approval.
However, a submitter may not appeal if the submitter—
(a) withdraws the submission before the application
is decided; or .
(b) has: given the assessment manager a notice
under section 339(1Xb\(ii).
The appeal must be started within 20 business days (the
submitter’s appeat Period) after the decision notice or
given to the submitter.

Additional and extended appeal rights for submitters
for particular development applications

This section applies to a development application to
which chapter 9, part 7 applies

PD-DA-FM3B4/1-13/04/2010

decision.

 

(2). A submitter of a properly made submission for the
, application may appeal to the court about a referral
agency's response made by @ prescribed concurrence
agency for the application. .
(3) However, the submitter may only appeal against a
referral agency's response to the extent it relates to—
(a) if- the prescribed concurrence agency is the chief
executive (environment)—development for an
aquacultural ERA; or

(b) if the prescribed concurrence agency is the chief
executive (fisheries)—development that is—
(@) a material change of use of premises for
aquaculture; or we
(ii) operational work that is the removal, damage
or destruction of a marine plant.
(4) Despite section 462(1), the submitter may appeal

against the following matters for the application even if

the matters relate to code assessment— .

(a) a decision about a matter mentioned ‘in section
462(2) if it is a decision Of the chief executive
(fisheries); :

(b) a referral agency's response mentioned in
subsection (2). .

. 464 Appeals by advice agency submitters

(1) Subsection (2) applies if an” advice agency, in its
response for an application, told the assessment
manager to treat the response as a properly made
submission.

(2) The advice agency may, within the limits of its
jurisdiction, appeal to the court about—

{@) any part of the approval relating to the assessment
manager's decision about any part of the
application requiring impact assessment under -
section 314; or
any part of the approval Telating to the assessment
manager's decision under section 327.

(3) The appeal must be started within 20 business days
after the day the decision notice or negotiated decision
hotice is given to the advice agency as a submitter.

{b)

 

(4) However, if the advice agency has given the
.assessment manager a notice under section
339(1)(b)(ii), the advice agency..may.not -appeal-the

465 Appeals about decisions relating to extensions for
approvals - :

(1) For a development approval given for a development
application, a person to whom a notice is given under
section 389, other than a notice for a decision under
section 386(2), May appeal to the court against. the
decision in the notice.

(2) The appeal must be Started within 20 business days
after the day the notice of the decision is given to thé
person.

(3) Also, a person who has made a request under section
383 may appeal to the court against a deemed refusat of
the request.

(4) An appeal under Subsection (3) may be started at any
fime after the last day the decision on the matter should
have been made.

466 Appeals about decisio:
changes . :

(1) Fora development approval given for a develapment
application, the following persons May appeal to the
court against a decision on a request to make a
permissible change to the approval—~ -

s relating to permissible.

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