Unity Water Decision Notice Package 2023022875S0 - ACP - 41 Picture Point Cres Noosa Heads - · RAL22/0021

    INFORMATION SHEET – REVIEWS AND APPEAL PROCESS
    Division 1 Preliminary
    99BRAW Meaning of interested person and original decision
    (1) An interested person for this part is an applicant under this chapter who—
    (a) has been given a decision notice; or
    (b) if the period during which the application was required to be decided under the relevant connections policy has
    expired—has not been given a decision notice; or
    (c) has had 1 or more of the following charges levied for a connection, other than for a standard connection—
    (i) a connection charge;
    (ii) a property service works charge;
    (iii) a charge under an infrastructure charges notice; or
    (d) has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for
    the application.
    (2) Each of the following is an original decision—
    (a) the decision or action for which a decision notice was given (an approval decision);
    (b) if the period during which an application was required to be decided under the connections policy has expired—
    the failure to give a decision notice for the application (a failure to decide);
    (c) the decision to levy a charge for a connection mentioned in subsection (1)(c)(i) or (ii) (a charge decision);
    (d) the decision to give an infrastructure charges notice;
    (e) the refusal or deemed refusal of a conversion application (a conversion decision).
    (3) However, for an original decision under subsection (2)(a), an interested person cannot appeal a water approval
    condition that became a condition under section 99BRAM.
    99BRAX Other definitions for pt 4 In this part—
    charge decision see section 99BRAW(2)(c).
    conversion decision see section 99BRAW(2)(e).
    deemed refusal, for a conversion application, means a refusal of the application that is taken to have happened if a
    decision is not made within the required period for the application.
    required period, for a conversion application, see section 99BRDF(6).
    standard appeal period, for an appeal under division 3 or 4, means—
    (a) if the notice for the review decision is given to the interested person—within 20 business days after the notice was
    given; and
    (b) otherwise—within 20 business days after the review decision is taken to have been made under section
    99BRBC(4).
    Division 2 Internal reviews
    99BRAY Appeal process starts with internal review
    An appeal of an original decision, other than an appeal against a compliance notice, must be, in the first instance, by
    way of an application for internal review.
    99BRAZ Who may apply for review
    (1) An interested person for an original decision may apply for an internal review of the decision (an internal review
    application).
    (2) An internal review application may be made only to the chief executive officer of the relevant distributor-retailer
    (the reviewer).
    99BRBA Requirements for making internal review application
    An internal review application must be—
    (a) accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and
    (b) supported by enough information to enable the reviewer to decide the application; and
    (c) made within 30 business days after the day—
    (i) for a failure to decide or a deemed refusal of a conversion application—the relevant decision was required to be
    made; or
    (ii) otherwise—the original decision is made.
    99BRBB Review decision
    (1) The reviewer must, within the review decision period—
    (a) review the original decision the subject of the application; and
    (b) make a decision (the review decision) to—
    (i) confirm the original decision; or
    (ii) amend the original decision; or
    (iii) substitute another decision for the original decision.
    (2) The application must not be dealt with by—

A&C - Decision Notice Template – Connection Approvals                                                                 Page 10 of 14
Document No: F10716        Revision No: 7        Last Review Date: 10/01/2022 (Minor amend 23/02/2023)   Next Review Date: 10/01/2024