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TIA - Application decision - s62A (PA) - Approval_1

Attached to the e-mail RAL22/0017 - SARA Referral agency response – with conditions..

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                                           Attachment C

                                       Appeal Provisions

                                                                   Transport Infrastructure Act 1994
                                                                      Chapter 16 General provisions



485 Internal review of decisions
      (1) A person whose interests are affected by a decision described in schedule 3 (the
          original decision) may ask the chief executive to review the decision.
      (2) The person is entitled to receive a statement of reasons for the original decision whether
          or not the provision under which the decision is made requires that the person be given
          a statement of reasons for the decision.
      (3) The Transport Planning and Coordination Act 1994,par
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          (a) applies to the review; and
          (
          b)pr
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                 —
             (i)    for the procedure for applying for the review and the way it is to be carried out;
                    and
             (ii)   that the person may apply to QCAT to have the original decision stayed.


485B Appeals against decisions
      (1) This section applies in relation to an original decision if a court (the appeal court) is
          stated in schedule 3 for the decision.
      (2) If the reviewed decision is not the decision sought by the applicant for the review, the
          applicant may appeal against the reviewed decision to the appeal court.
      (3) TheTr
              ans
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                    anni
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                                   onAct1994,par
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          (a) applies to the appeal; and
          (
          b)pr
             ovi
               des
                 —
             (i)    for the procedure for the appeal and the way it is to be disposed of; and
             (ii)   that the person may apply to the appeal court to have the original decision
                    stayed.
      (4) Subs
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                  5)appl
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          (a) a person appeals to the Planning and Environment Court against a decision under
             section 62(1) on a planning application that is taken, under section 62A(2), to also be
             an application for a decision under section 62(1); and




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