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

    (a) the person who made the original decision; or
    (b) a person in a less senior office than the person who made the original decision.

    (3) Subsection (2)—
    (a) applies despite the Acts Interpretation Act 1954, section 27A; and
    (b) does not apply to an original decision made by the chief executive officer.
    (4) If the review decision confirms the original decision, for the purpose of an appeal, the original decision is taken to
    be the review decision.
    (5) If the review decision amends the original decision, for the purpose of an appeal, the original decision as amended
    is taken to be the review decision.
    (6) In this section— review decision period means—
    (a) 15 business days after receiving an internal review application; or
    (b) another period agreed to between the distributor-retailer and the applicant.
    99BRBC Notice of review decision
    (1) The reviewer must, within 5 business days after the review decision period ends, give the applicant notice of the
    review decision (a review notice).
    (2) The review notice must state the reasons for the review decision.
    (3) If the review decision is not the decision sought by the applicant, the notice must also state the applicant may,
    within 20 business days after the review notice is given—
    (a) appeal against the decision to a building and development committee; or
    (b) appeal against the decision to the Planning and Environment Court.
    (4) If the reviewer does not comply with subsection (1), the reviewer is taken to have made a decision confirming the
    original decision.
    99BRBD Internal review stops particular actions
    (1) If an internal review is started under this division, any work under a water approval must not be started until the
    review is decided or withdrawn.
    (2) Despite subsection (1), if the reviewer is satisfied the outcome of the review would not be affected if the work is
    started before the review is decided, the reviewer may allow the work to start before the review is decided.
    Division 3 Appeals to a building and development committee
    99BRBE Appeals about applications for connections—general
    (1) This section applies to an applicant for a connection if—
    (a) for the application for a connection, the land to which the connection relates is subject to a development application
    mentioned in the Planning Act, section 519 or 522; and
    (b) the applicant applied for internal review of an approval decision or failure to decide; and
    (c) the review decision is not the decision sought by the applicant.
    (2) The applicant may appeal to a building and development committee against any of the following—
    (a) a refusal, or an approval in part, of an application;
    (b) a water approval condition;
    (c) another matter stated in the approval.
    (3) The appeal must be started within the standard appeal period.
    99BRBF Appeals about applications for connections—particular charges
    (1) This section applies to an applicant for a connection if—
    (a) the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice;
    and
    (b) the review decision is not the decision sought by the applicant.
    (2) The applicant may appeal to a building and development committee about the review decision.
    (3) The appeal may be made only on 1 or more of the following grounds—
    (a) the decision involved an error relating to the application of the relevant charge;
    (b) if the decision is the giving of an infrastructure charges notice—
    (i) the decision involved an error relating to—
    (A) the working out, for section 99BRCJ, of additional demand; or
    (B) an offset or refund; or
    (ii) there was no decision about an offset or refund; or
    (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
    (4) To remove any doubt, it is declared that the appeal must not be about—

A&C - Decision Notice Template – Connection Approvals                                                                 Page 11 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