Attachment 2 - PBA15.0007 Approved Decision Notice

                                                                                                         PBA15/0007




                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



The following is an extract from the Sustainable               463 Additional and extended appeal rights for
Planning Act 2009 (Chapter 7).                                     submitters         for     particular    development
                                                                   applications
Part 1 Division 8 - Appeals to court relating to               (1) This section applies to a development application to
development applications and approvals                             which chapter 9, part 7 applies.
                                                               (2) A submitter of a properly made submission for the
                                                                   application may appeal to the court about a referral
461     Appeals by applicants                                      agency’s response made by a prescribed
(1)     An applicant for a development application may             concurrence agency for the application.
        appeal to the court against any of the following-      (3) However, the submitter may only appeal against a
        (a) the refusal, or the refusal in part, of the            referral agency’s response to the extent it relates to-
             development application;                              (a) if the prescribed concurrence agency is the
        (b) any condition of a development approval,                     chief executive (environment)-development for
             another matter stated in a development                      an aquacultural ERA; or
             approval and the identification or inclusion of       (b) if the prescribed concurrence agency is the
             a code under section 242;                                   chief executive (fisheries)-development that is-
        (c) the decision to give a preliminary approval                  (i) a material change of use of premises for
             when a development permit was applied for;                        aquaculture; or
        (d) the length of a period mentioned in section                  (ii) operational work that is the removal,
             341;                                                              damage or destruction of a marine plant.
        (e) a deemed refusal of the development                (4) Despite section 462(1), the submitter may appeal
             application.                                          against the following matters for the application even
(2)     An appeal under subsection (1)(a), (b), (c) or (d)         if the matters relate to code assessment-
        must be started within 20 business days (the               (a) a decision about a matter mentioned in section
        applicant’s appeal period) after-                                462(2) if it is a decision of the chief executive
        (a) if a decision notice or negotiated decision                  (fisheries);
             notice is given-the day the decision notice or        (b) a referral agency’s response mentioned in
             negotiated decision notice is given to the                  subsection (2).
             applicant; or
        (b) otherwise-the day a decision notice was            464 Appeals by advice agency submitters
             required to be given to the applicant.            (1) Subsection (2) applies if an advice agency, in its
(3)     An appeal under subsection (1)(e) may be started           response for an application, told the assessment
        at any time after the last day a decision on the           manager to treat the response as a properly made
        matter should have been made.                              submission.
                                                               (2) The advice agency may, within the limits of its
462      Appeals by submitters-general                             jurisdiction, appeal to the court about-
(1)      A submitter for a development application may             (a) any part of the approval relating to the
         appeal to the court only against-                               assessment manager’s decision about any part
          (a) the part of the approval relating to the                   of the application requiring impact assessment
              assessment manager’s decision about any                    under section 314; or
              part of the application requiring impact             (b) any part of the approval relating to the
              assessment under section 314; or                           assessment manager’s decision under section
          (b) the part of the approval relating to the                   327.
              assessment manager’s decision under              (3) The appeal must be started within 20 business days
              section 327.                                         after the day the decision notice or negotiated
(2)       To the extent an appeal may be made under                decision notice is given to the advice agency as a
          subsection (1), the appeal may be against 1 or           submitter.
          more of the following-                               (4) However, if the advice agency has given the
         (a) the giving of a development approval;                 assessment manager a notice under section
         (b) any provision of the approval including-              339(1)(b)(ii), the advice agency may not appeal the
              (i) a condition of, or lack of condition for,        decision.
                    the approval; or
              (ii) the length of a period mentioned in         465 Appeals about decisions relating to extensions
                    section 341 for the approval.                  for approvals
(3)      However, a submitter may not appeal if the            (1) For a development approval given for a development
         submitter-                                                application, a person to whom a notice is given under
         (a) withdraws the submission before the                   section 389, other than a notice for a decision under
              application is decided; or                           section 386(2), may appeal to the court against the
         (b) has given the assessment manager a notice             decision in the notice.
              under section 339(1)(b)(ii).                     (2) The appeal must be started within 20 business days
(4)   The appeal must be started within 20 business days           after the day the notice of the decision is given to the
      (the submitter’s appeal period) after the decision           person.
      notice or negotiated decision notice is given to the
      submitter.




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