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ABN 97.969.214.121             PO Box 141
noosa.qld.gov.au        Tewantin QLD 4565
[email protected]        07 5329 6500   ICN - Page 6


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Council

Appeal Rights

PLANNING ACT 2016 & PLANNING REGULATION 2017

 

Chapter 6 Dispute resolution
Part 1 Appeal rights
223 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states
{a} Matters that may be appealed to —
(ether a triounaé or the PSE Court: or
(1) only 2 tribunal; or
(Wl) only the P&E Court: and
(b) The person-
() who may appeat a mater (the appellant): and
(1) who is 3 respondent in an appeal of the matter, and
(ll) who ts 2 co-respondent In an appeal of the matter. and
(0) who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeat period.
(3) The appeal penod is -

(3) for an appeal by a buliding advisory agency — 10 business
Gays afer a decision notice for the decision Is gven to the
agency; or

(b) foran appeat against a deemed refusal — at any time after the

deemed refusal happens; or

{c} for an appeal against a decision of the Minister, under chapter
7, part 4, 10 register premises or to renew the registration of
premises — 20 business days after a notice us published under
Section 269(3\a) or (4): or

(0) for an appeal against an infrastructure charges notice — 20
bushess Gays after the infrastucture charges notice Is given
to the person: or

(@) for an appeal about a deemed approval of a development
application for which 3 decision notice has not been given —
30 business days after the applicant gives Me deemed
approval notice t0 the assessment manager. or

(f) for any other appea’ — 20 business days after a notice of the
decision for the matter, Including an enforcement notice, Is
given to the person.

Note -

‘See the P&E Court Act for me court's power to extend the appeat
period.

(4) Each respondent and co-respondent for an appeal may be heard
in the appeat.

(5) an appeal is only about a referrst agency's response, the
assecement manager may apply to the tribunal or P&E Court to
withdraw from the appeal.

(6) To remove any doubt. It is deciared that an appeal against an
Infrastructure changes notice must not be adout-

(a) the adopted charge Itselt or
{D} for a decision about an offset or refund-
(the establishment cost of trunk infrastructure ktenttied in
aLlGP; or

() the cost of infrastructure decided using the metnod
Included In the local government's charges resolution.

230 Notice of appsal

(1) An aopesant starts an appeal by lodging. with the registrar of the
tnbunal or P&E Court, a noice of appeal that-

(a) 1S 1 the approved form; ang
(b) succinctly states he grounds of the appea.
(2) The notice of appeal must be accompanied by the required fee.

(3) The appeliant or. for an appeal to a ibuna, the registrar must,
within the service period, give a copy of the notice of appeal to —
(a) the respondent for the appeat; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development anpiication under schedule
1, table 1, tem 1 — each principal submitter for the
development appiicaton; and

(8) for and appeal aoout 3 change application under schedule 1,
table 1, Item 2 — each principal submimer for the change
application; and

(2) 20h person who may elect to become a co-respondent for the
appeal, other than an eligible supmitter who is nat a principal
submitter in an appeal under paragrapn (c) or (¢): and

(f) tor an appeat to the P&E Court — the chief executive: and

(@) for an appeal to a triounal uncer another Act - any other
person who the registrar considers appropriate.

(4) The service paniod is -

(a) (a suomiter or advice started the appeal In the P&E
Court — 2 business days after the appeal has started; or
(bd) otherwise — 10 business days after the appeal Is stared.

(5) A notice of appea given to 3 person who may elect fo be 2 co
respondent must stale the effect of suDsection (6).

(8) A person elects to be a by fling a notice of election,
In the approved form, within 1D business days after the notice of
appeat is given to the person.

231 Other appeais

(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matier under this
Act Is affected by jurisdictional error, the decision or matter is non-
appewanie

(2) The Judicial Review Act 1901, part 5 appiles to the decision or
matter to the extent it is aTected by jurisdiczonal error.

(3) A person who, but for subsection (1) could nave made an
application under the Judicial Review Act 1991 in retation to the
Gecision or matter, apply under part 4 of that Act for a
statement of reasons in relation to Me decision or matter.

(4) inthis secton —
decision inciudes-

(a) conduct engaged In tor the purpose of making a decision; and
(b) other conduct tat relates to the making of a decision; and
(c) the making of a decision or fallure to make a decision; and
(0) a purported decision: and

(2) 3 deemed refusal

non-appeaiable, for 3 decision or matier, means the decision or
matter-

(3) 1S nat and conciusive; anc
(D) may not be challenged, appealed against reviewed, quashed,
sat aside of calied into question In any other way under the

Judicial Review Act 1907 or otherwise, whether Dy the
‘Supreme Court, another court, a tripunal or anoter entity, and

(c) ie rot eulieck ey cietmakcs, ingunetve or omer order of
the Supreme Court, another court, a triounat or another ensty
on any ground.
232 Rules of the PSE Court

(1) Aperson wno is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.

(2) However, the P&E Court may near and decide an appeal even it
the person has not compiled with the rules of the P&E Court

 

ABN 97.969.214.121
noosa.qld.gov.au

[email protected]

PO Box 141
Tewantin QLD 4565
07 5329 6500

ICN - Page 6