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

    99BRBM Appeals may be combined with appeals under the Planning Act
    (1) This section applies if—
    (a) an appeal is started under this division; and
    (b) an appeal is started under the Planning Act for a development application mentioned in section 99BRBE.
    (2) The appeal under this division may be combined and heard with the appeal under the Planning Act.
    Division 4 Appeals to the Planning and Environment Court
    99BRBN Appeals about applications for connections—general
    (1) This section applies to an applicant for a connection if—
    (a) the applicant applied for internal review of an approval decision or failure to decide; and
    (b) the review decision is not the decision sought by the applicant.
    (2) The applicant may appeal against the review decision to the Planning and Environment Court.
    (3) The appeal must be started within the standard appeal period.
    99BRBO 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 against the review decision to the Planning and Environment Court.
    (3) An appeal under this section may be made only on 1 or more of the following grounds—
    (a) the charge imposed by the distributor-retailer is so unreasonable that no reasonable distributor-retailer could have
    imposed it;
    (b) the decision involved an error relating to the application of the relevant charge;
    (c) 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) 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.
    99BRBOA 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 the Planning and Environment Court against the review decision.
    (3) The appeal must be started within the standard appeal period.
    99BRBP Appeals about water connection compliance notices
    (1) This section applies if a person is given a compliance notice.
    (2) The person may appeal against the decision to the Planning and Environment Court.
    (3) The appeal must be started within 20 business days after the water connection compliance notice is given to the
    person.
    99BRBQ Application of relevant court provisions
    (1) The relevant court appeal provisions apply, with any necessary changes, to an appeal under this division as if a
    reference in the provisions to—
    (a) an appellant were a reference to the applicant; and
    (b) a respondent were a reference to the distributor-retailer; and
    (c) a development application were a reference to the application for the water approval; and
    (d) a development approval were a reference to the water approval; and
    (e) an appeal under the Planning Act were an appeal under this Act; and
    (f) an enforcement notice were a water connection compliance notice.

A&C - Decision Notice Template – Connection Approvals                                                                 Page 13 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