2019-05-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA   13 MAY 2019




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x        ml       NOOSA                              Appeal Rights
      4      mM      COU            | C a6              PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
Part 4 Appeal rights                                                               within the service period, give a copy of the notice of appeal to —
229 Appeals to tribunal or P&E Court                                                (a) the respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states —                                    (b), Sach'co-responident forthe appeal-and
                                         _                                          (c) foran appeal about a development application under schedule
    (@); Matters that may be:appealed to                                                1, table 1, item 1    — each principal submitter for the
         (i) either a tribunal or the P&E Court; or                                     development application; and
         (ii) only a tribunal; or                                                   (d) for and appeal about a change application under schedule 1,
         (iii) only the P&E Court; and                                                  table 1, item 2 — each principal submitter for the change
                                                                                        application; and
    (b) ‘The person-                                                                (e) each person who may elect to become a co-respondent for the
         (i) who may appeal a matter (the appellant); and                               appeal, other than an eligible submitter who is not a principal
         (ii) who is a respondent in an appeal of the matter; and                       submitter in'an‘appeel tinder: parapraph;(c) or (d);'and
         (iii) who is a co-respondent in an appeal of the matter; and               (f) for an appeal to the P&E Court — the chief executive; and
         (iv) who may elect to be a co-respondent in an appeal of the               (g) for an appeal to = aone, undee sone et = Bhy"cther
             matter,                                                                    person who the registrar considers appropriate.
(2) An appellant may start an appeal within the appeal period.                 (4) The service period is —
@) The apes! period is-                                                             it ee eee
    (a) for an appeal by a building advisory agency — 10 business                             ae          ‘                          r
         days after a decision notice for the decision is given to the              (b) otherwise—10 business days after the appeal is started.
         agency; or                                                            (5) A notice of appeal given to a person who may elect to be a co-
    (b) for an appeal against a deemed refusal — at any time after the              respondent must state’ the effect of subsection (6):
         deemed refusal happens; or                                            (6) A person elects to be a co-respondent by filing a notice of election,
    (c) for an appeal against a decision of the Minister, under chapter            ni ma      poms. within AU biisinessitiaysvanierthesmotos:of
         7, part 4, to register premises or to renew the registration of             PP!     9          Pp
         premises — 20 business days after a notice us published under         231 Other appeals
         section 269(3)(a) or (4); or                                          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
    (d) for an appeal against an infrastructure charges notice — 20                the Supreme Court decides a decision or other matter under this
         business days after the infrastructure charges notice is given            Act is affected by jurisdictional error, the decision or matter is non-
         to the person; or                                                          appealable.
    (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
         application for which a decision notice has not been given —               matter to the extent it is affected by jurisdictional error.
         30 business days after the applicant gives the deemed                                                       c
                     :                             5                           (3) A person who, but for subsection (1) could have made an
         SpDIOVAL ngtioe to Ane esses eMent MANaGET.OF                              application under the Judicial Review Act 1991 in relation to the
    (f)  for any other appeal — 20 business days after a notice of the              decision or matter, may apply under part 4 of that Act for a
         decision for the matter, including an enforcement notice, is               statement of reasons in relation to the decision or matter.
         given to the person.                                                           .     :
                                                                               (4) In this section —
Note —                                                                              decision includes-
      ted Ree Court-Act tor, ine: courts /powsr.io extend: ie sppeat                (a) conduct engaged in for the purpose of making a decision; and
(4) Each respondent and co-respondent for an appeal may be heard                    (b) other conduct that relates to the making of a decision; and
    in the appeal.                                                                  (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency's response, the                    (d) a purported decision; and
     ——          eo      sent apply to the tribunal or P&E Court to                 (e) adeemed refusal.
(6) To remove any doubt. It is declared that an appeal against an                        ens for a decision or matter, means the decision or
    infrastructure charges notice must not be about-
    (a) the adopted charge itself; or                                               (a) is final and conclusive; and
    () for a decision about an offset or refund-                                    (b) may not be challenged, appealed against, reviewed, quashed,
                                                                                        set aside or called into question in any other way under the
         (i) the establishment cost of trunk infrastructure identified in               Judicial Review Act 1991 or otherwise, whether by the
             aLGIP; or                                                                  Supreme Court, another court, a tribunal or another entity; and
         (ii) the cost of infrastructure decided using the method                   (c) is not subject to any declaratory, injunctive or other order of
             included in the local government's charges resolution.                     the Supreme Court, another court, a tribunal or another entity
230 N                                                                                   on any ground.
      jotice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the        282 Rules of the P&E Court
    tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
    (a) isin the approved form; and                                                 rules of the court that apply to the appeal.
    (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
            .                              .              |                        the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.

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