SPA Decision Notice [As Published] · 132010.334

                                                                                          2010/334

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



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