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

    (2) In this section— relevant court appeal provisions means—
    (a) the Planning Act, chapter 7, part 1, divisions 11 to 13 other than sections 482 to 490, 493 and 495 (3) to (5); and
    (b) any definitions under that Act relevant to the provisions mentioned in paragraph (a).
    99BRBR Notice of appeal to other parties
    (1) The applicant must give notice of the appeal to the distributor-retailer.
    (2) The notice must be given within 10 business days after the appeal is started.
    (3) The notice must state the grounds of the appeal.
    99BRBS Stay of operation of water connection compliance notice
    (1) If the applicant gives a notice of appeal about a water connection compliance notice, the operation of the
    compliance notice is stayed until the earliest of the following to happen—
    (a) the Planning and Environment Court, on the application of the distributor-retailer, decides otherwise;
    (b) the appeal is withdrawn;
    (c) the appeal is dismissed.
    (2) However, subsection (1) does not apply if the compliance notice is about—
    (a) a work, if the water connection compliance notice states the entity believes the work is a danger to persons or a
    risk to public health; or
    (b) stopping the demolition of a work; or
    (c) clearing vegetation on freehold land; or
    (d) the removal of quarry material allocated under the Water Act 2000; or
    (e) extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d), from Queensland waters; or
    (f) works the assessing authority reasonably believes is causing erosion or sedimentation; or
    (g) works the assessing authority reasonably believes is causing an environmental nuisance; or
    (h) action required to stop damage or further damage to the distributor-retailer’s water infrastructure.
    99BRBT Respondent for appeals
    The distributor-retailer is the respondent for the appeal and may be heard in the appeal as a party to the appeal.
    99BRBU 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.
    99BRBV Lodging appeal stops particular actions
    (1) If an appeal, other than an appeal under section 99BRBP, 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    approval must not be started until the appeal is decided or withdrawn.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 Planning and Environment Court is satisfied the outcome of the appeal would not be
    affected if the work is started before the appeal is decided, the court may allow the work to start before the appeal is
    decided.
    99BRBW 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 which relates to land the subject of the
    application of a water approval.
    (2) The appeal under this division may be combined and heard with the appeal under the Planning Act.


    FOR MORE INFORMATION OR THE LATEST VERSION PLEASE REFER TO:

    South-East Queensland Water (Distribution and Retail Restructuring) Act 2009




A&C - Decision Notice Template – Connection Approvals                                                                 Page 14 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