Attachment C- REC14.0005 Negotiated Decision Notice

                                                                                                                 REC14/0005



                                                 Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009




The following is an extract from the Sustainable Planning Act       463 Additional and extended appeal rights for
2009 (Chapter 7).                                                       submitters for particular development applications
                                                                    (1) This section applies to a development application to
MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                           which chapter 9, part 7 applies.
OPERATIONAL WORKS                                                   (2) A submitter of a properly made submission for the
                                                                        application may appeal to the court about a referral
Division 8           Appeals   to       court    relating  to           agency’s response made by a prescribed concurrence
                     development         applications     and           agency for the application.
                     approvals                                      (3) However, the submitter may only appeal against a
                                                                        referral agency’s response to the extent it relates to—
461     Appeals by applicants                                           (a) if the prescribed concurrence agency is the chief
(1)     An applicant for a development application may appeal                 executive (environment)—development for an
        to the court against any of the following—                            aquacultural ERA; or
        (a) the refusal, or the refusal in part, of the                 (b) if the prescribed concurrence agency is the chief
              development application;                                        executive (fisheries)—development that is—
        (b) any condition of a development approval, another                  (i) a material change of use of premises for
              matter stated in a development approval and the                       aquaculture; or
              identification or inclusion of a code under section             (ii) operational work that is the removal, damage
              242;                                                                  or destruction of a marine plant.
        (c) the decision to give a preliminary approval when a      (4) Despite section 462(1), the submitter may appeal
              development permit was applied for;                       against the following matters for the application even if
        (d) the length of a period mentioned in section 341;            the matters relate to code assessment—
        (e) a deemed refusal of the development application.            (a) a decision about a matter mentioned in section
(2)     An appeal under subsection (1)(a), (b), (c) or (d) must               462(2) if it is a decision of the chief executive
        be started within 20 business days (the applicant’s                   (fisheries);
        appeal period) after—                                           (b) a referral agency’s response mentioned in
        (a) if a decision notice or negotiated decision notice                subsection (2).
              is given—the day the decision notice or
              negotiated decision notice is given to the            464 Appeals by advice agency submitters
              applicant; or                                         (1) Subsection (2) applies if an advice agency, in its
        (b) otherwise—the day a decision notice was                     response for an application, told the assessment
              required to be given to the applicant.                    manager to treat the response as a properly made
(3)     An appeal under subsection (1)(e) may be started at             submission.
        any time after the last day a decision on the matter        (2) The advice agency may, within the limits of its
        should have been made.                                          jurisdiction, appeal to the court about—
                                                                        (a) any part of the approval relating to the assessment
462     Appeals by submitters—general                                         manager’s decision about any part of the
(1)     A submitter for a development application may appeal                  application requiring impact assessment under
        to the court only against—                                            section 314; or
         (a) the part of the approval relating to the                   (b) any part of the approval relating to the assessment
              assessment manager’s decision about any part of                 manager’s decision under section 327.
              the application requiring impact assessment           (3) The appeal must be started within 20 business days
              under section 314; or                                     after the day the decision notice or negotiated decision
         (b) the part of the approval relating to the                   notice is given to the advice agency as a submitter.
              assessment manager’s decision under section           (4) However, if the advice agency has given the
              327.                                                      assessment manager a notice under section
(2)      To the extent an appeal may be made under                      339(1)(b)(ii), the advice agency may not appeal the
         subsection (1), the appeal may be against 1 or more of         decision.
         the following—
        (a) the giving of a development approval;                   465 Appeals about decisions relating to extensions for
        (b) any provision of the approval including—                    approvals
              (i) a condition of, or lack of condition for, the     (1) For a development approval given for a development
                   approval; or                                         application, a person to whom a notice is given under
              (ii) the length of a period mentioned in section          section 389, other than a notice for a decision under
                   341 for the approval.                                section 386(2), may appeal to the court against the
(3)     However, a submitter may not appeal if the submitter—           decision in the notice.
        (a) withdraws the submission before the application         (2) The appeal must be started within 20 business days
              is decided; or                                            after the day the notice of the decision is given to the
        (b) has given the assessment manager a notice                   person.
              under section 339(1)(b)(ii).                          (3) Also, a person who has made a request under section
(4)   The appeal must be started within 20 business days (the           383 may appeal to the court against a deemed refusal of
      submitter’s appeal period) after the decision notice or           the request.
      negotiated decision notice is given to the submitter.         (4) An appeal under subsection (3) may be started at any
                                                                        time after the last day the decision on the matter should
                                                                        have been made.


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