2 Emerald Planning Report

                                                                                                      MCU14/0091




                                               Appeal Rights
                                               SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                               REGULATION 2009



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




                                                                                                           Page 10 of 11