SPA Decision Notice - 010.2010.00000628.001 [As Published] · 132010.628

                                                                                        2010/628

      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact assessment under section 314; or      (1)    A person to whom a notice under section
      (b) any part of the approval relating to the           378(9)(b) giving a decision to change or
          assessment manager’s decision under                cancel a condition of a development approval
          section 327                                        has been given may appeal to the court
(3)   The appeal must be started within 20                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is given to the person.
(4)   However, if the advice agency has given the     For Building Works Only
      assessment manager a notice under section       532    Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                            (1)    If—
465   Appeals about decisions relating to                    (a) a person has been given, or is entitled to
      extensions for approvals                                  be given—
(1)   For a development approval given for a                     (i)       an information notice under the
      development application, a person to whom a                          Building Act about a decision
      notice is given under section 389, other than                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       (ii)      an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    (i)       was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 (ii)      is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions relating to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for         (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)    the person who made the request;                  an application other than a building
                or                                                development application to a local
         (ii)   an entity that gave a notice under                government; and
                section 373 or a pre-request                 (b) the period required under that Act for the
                response notice about the request
                                                                  local government to decide the
      (b) if the responsible entity for making the                application (the decision period) has
         change is a concurrence agency for the                   passed; and
         application—the person who made the                 (c) the local government has not decided
         request..                                                the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development
      business days after the day the person is                   committee against the lack of the
      given notice of the decision on the request                 decision and for the committee to decide
      under section 376.                                          the application as if it were the local
(3)   Also, a person who has made a request                       government.
      under section 369 may appeal to the court       (4)    An appeal under subsection (3) must be
      against a deemed refusal of the request.               started within 20 business days after the end
(4)   An appeal under subsection (3) may be                  of the decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.



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