SPA Decision Notice [As Published] · 132010.334

                                                                                              2010/334



                                                  Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                 PLANNING REGULATION 2009




The following is an extract from the Sustainable                     (i)  a condition of, or lack of condition
Planning Act 2009 (Chapter 6).                                            for, the approval; or
                                                                    (ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A                                   section 341 for the approval.
LOT & OPERATIONAL WORKS
                                                          (3)    However, a submitter may not appeal if the
Division 8 - Appeals to court relating to                        submitter—
development applications
                                                                 (a) withdraws the submission before the
461     Appeals by applicants                                        application is decided; or
(1)     An applicant for a development application               (b) has given the assessment manager a
        may appeal to the court against any of the                   notice under section 339(1)(b)(ii).
        following-
                                                          (4)    The appeal must be started within 20
        (a) the refusal, or the refusal in part, of a            business days (the submitter’s appeal
           development application;                              period) after the decision notice or
        (b) any condition of a development approval,             negotiated decision notice is given to the
           another matter stated in a development                submitter.
           approval and the identification or inclusion   463   Additional and extended appeal rights for
           of a code under section 242                          submitters for particular development
        (c) the  decision to give a preliminary                 applications
           approval when a development permit was         (1)    This section applies to a development
           applied for;                                          application to which chapter 9, part 7
        (d) the length of a period mentioned in                  applies.
           section 341;;                                  (2)    A submitter of a properly made submission
        (e) a deemed refusal of the development                  for the application may appeal to the court
           application.                                          about a referral agency’s response made by
(2)     An appeal under subsection (1)(a), (b), (c) or           a prescribed concurrence agency for the
        (d) must be started within 20 business days              application.
        (the applicant’s appeal period) after—            (3)    However, the submitter may only appeal
                                                                 against a referral agency’s response to the
        (a) if a decision notice or negotiated decision
                                                                 extent it relates to—
            notice is given—the day the decision
            notice or negotiated decision notice is              (a) if the prescribed concurrence agency is
            given to the applicant; or                               the chief executive (environment)—
        (b) otherwise—the day a decision notice was                  development for an aquacultural ERA; or
            required to be given to the applicant.               (b) if the prescribed concurrence agency is
(3)     An appeal under subsection (1)(e) may be                     the    chief   executive      (fisheries)—
        started at any time after the last day a                     development that is—
        decision on the matter should have been                      (i)  a material change of use of
        made.                                                             premises for aquaculture; or
462     Appeals by submitters - general                              (ii) operational work that is the removal,
                                                                          damage or destruction of a marine
(1)     A submitter for a development application
                                                                          plant
        may appeal to the court only against-
                                                          (4)    Despite section 462(1), the submitter may
        (a) the part of the approval relating to the             appeal against the following matters for the
           assessment manager’s decision about                   application even if the matters relate to code
           any part of the application requiring                 assessment—
           impact assessment under section 314; or
                                                                 (a) a decision about a matter mentioned in
        (b) the part of the approval relating to the                 section 462(2) if it is a decision of the
           assessment manager’s decision under                       chief executive (fisheries);
           section 327.
                                                                 (b) a referral agency’s response mentioned in
(2)     To the extent an appeal may be made under
                                                                     subsection (2).
        subsection (1), the appeal may be against 1
        or more of the following—                         464   Appeals by advice agency submitters
        (a) the giving of a development approval;         (1)    Subsection (2) applies if an advice agency, in
                                                                 its response for an application, told the
        (b) any provision of the approval including—             assessment manager to treat the response
                                                                 as a properly made submission.
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