Decision Letter - Change to an Existing Approval - 010.2008.00001159.002 [As Published] · 172008.1159.02

                                                    Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009


                                                                       (i)   a condition of, or lack of condition
                                                                             for, the approval; or
The following is an extract from the Sustainable
                                                                       (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6).
                                                                             section 341 for the approval.
MATERIAL CHANGE OF USE, RECONFIGURING A                     (3)     However, a submitter may not appeal if the
LOT & OPERATIONAL WORKS                                             submitter—
Division 8 - Appeals to          court   relating    to             (a) withdraws the submission before the
development applications                                               application is decided; or
461     Appeals by applicants                                       (b) has given the assessment manager a
(1)     An applicant for a development application                     notice under section 339(1)(b)(ii).
        may appeal to the court against any of the          (4)     The appeal must be started within 20
        following-                                                  business days (the submitter’s appeal
        (a) the refusal, or the refusal in part, of a               period) after the decision notice or negotiated
           development application;                                 decision notice is given to the submitter.
        (b) any condition of a development approval,        463   Additional and extended appeal rights for
           another matter stated in a development                 submitters for particular development
           approval and the identification or inclusion           applications
           of a code under section 242                      (1)     This section applies to a development
        (c) the decision to give a preliminary approval             application to which chapter 9, part 7
           when a development permit was applied                    applies.
           for;                                             (2)     A submitter of a properly made submission
        (d) the length of a period mentioned in                     for the application may appeal to the court
           section 341;;                                            about a referral agency’s response made by a
        (e) a deemed refusal of the development                     prescribed concurrence agency for the
           application.                                             application.
                                                            (3)     However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                    against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                    extent it relates to—
        (the applicant’s appeal period) after—
                                                                    (a) if the prescribed concurrence agency is
        (a) if a decision notice or negotiated decision
                                                                       the chief executive (environment)—
            notice is given—the day the decision
                                                                       development for an aquacultural ERA; or
            notice or negotiated decision notice is
            given to the applicant; or                              (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                    the    chief   executive       (fisheries)—
            required to be given to the applicant.                     development that is—
(3)     An appeal under subsection (1)(e) may be                       (i)  a material change of use of
        started at any time after the last day a                            premises for aquaculture; or
        decision on the matter should have been                        (ii) operational work that is the removal,
        made.                                                               damage or destruction of a marine
                                                                            plant
462     Appeals by submitters - general
                                                            (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application                   appeal against the following matters for the
        may appeal to the court only against-                       application even if the matters relate to code
        (a) the part of the approval relating to the                assessment—
           assessment manager’s decision about
                                                                    (a) a decision about a matter mentioned in
           any part of the application requiring                       section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                       chief executive (fisheries);
        (b) the part of the approval relating to the                (b) a referral agency’s response mentioned in
            assessment manager’s decision under                        subsection (2).
            section 327.
                                                            464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1         (1)    Subsection (2) applies if an advice agency, in
        or more of the following—                                  its response for an application, told the
                                                                   assessment manager to treat the response as
        (a) the giving of a development approval;                  a properly made submission.
        (b) any provision of the approval including—        (2)    The advice agency may, within the limits of its
                                                                   jurisdiction, appeal to the court about—
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