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

    (a) the relevant charge itself; or
    (b) for a decision about an offset or refund for an infrastructure charges notice—
    (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or
    (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges
    schedule.
    (5) The appeal must be started within the standard appeal period.
    99BRBFA Appeals against refusal of conversion application
    (1) This section applies to an applicant for a conversion application if—
    (a) the applicant applied for internal review of the conversion decision; and
    (b) the review decision is not the decision sought by the applicant.
    (2) The applicant may appeal to a building and development committee against the review decision.
    (3) The appeal must be started within the standard appeal period.
    99BRBG Application of relevant committee appeal provisions
    (1) The relevant committee appeal provisions apply, with any necessary changes, to an appeal under this division as
    if a reference in the provisions to—
    (a) an assessment manager were a reference to the distributor-retailer; and
    (b) a development application were a reference to the application for the water approval; and
    (c) a development approval were a reference to a water approval; and
    (d) an appeal under the Planning Act were an appeal under this Act; and
    (e) an infrastructure charges notice under the Planning Act were an infrastructure charges notice under this Act; and
    (f) the period required under the Planning Act for lodging a document to start proceedings were a reference to the
    period required under this Act for lodging a document to start proceedings.
    (2) In this section— relevant committee appeal provisions means—
    (a) the Planning Act, sections 536 to 537, 554 to 563, 564 (other than section 564(2)(d) and (e), 567, 569 and 569A;
    and
    (b) any definitions under that Act relevant to the sections mentioned in paragraph (a).
    99BRBH Notice of appeal
    (1) This section applies to an appeal under this division.
    (2) The registrar of building and development committees must, within 10 business days after the day the appeal is
    started, give written notice of an appeal under this division to the distributor-retailer.
    (3) The notice must state the grounds of the appeal.
    99BRBI Respondent for appeals
    (1) This section applies to an appeal under this division.
    (2) The distributor-retailer is the respondent for the appeal and may be heard in the appeal as a party to the appeal.
    99BRBJ Who must prove case for appeals
    In an appeal by the applicant under this division, it is for the applicant to establish that the appeal should be upheld.
    99BRBK Registrar must ask distributor-retailer for material in particular proceedings
    (1) This section applies to an appeal under—
    (a) section 99BRBE if the applicant applied for internal review of a failure to decide; or
    (b) section 99BRBFA if the applicant applied for internal review of a deemed refusal of a conversion application.
    (2) The registrar of building and development committees must ask the distributor-retailer to give the registrar—
    (a) all material, including plans and specifications, relevant to the application; and
    (b) a statement of the reasons the distributor-retailer had not decided the application during the period for deciding
    the application; and
    (c) any other information the registrar requires.
    (3) The distributor-retailer must give the material mentioned in subsection (2) within 10 business days after the day
    the registrar asks for the material.
    99BRBL Lodging appeal stops particular actions
    (1) If an appeal is started under this division, any work under a water approval must not be started until the appeal is
    decided or withdrawn.
    (2) Despite subsection (1), if the building and development committee is satisfied the outcome of the appeal would
    not be affected if the work is started before the appeal is decided, the committee may allow the work to start before
    the appeal is decided.



A&C - Decision Notice Template – Connection Approvals                                                                 Page 12 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