Eco Access Response - Attached to Change to an Existing Approval · 142008.1704.4

ecoaccess

environmental licences and permits

Notice
Change to an existing approval

 

4.1.38 Court may remit matter to tribunal
If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should
be dealt with by a tribunal, the court must remit the matter to the tribunal for decision.

Division 10 - Making an appeal to court

4.1.39 How appeals to the court are started

(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

{2} The notice of appeal must state the grounds of the appeal.

{3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with subsection

(3).

4.1.41 Notice of appeal to other parties (div 8)
(1) An appellant under division 8 must give written notice of the appeal to-
(a) If the appellant is an applicant-
(i) the chief executive; and
(ii) the assessment manager; and
(iii) any concurrence agency; and
{iv} any principal submitter whose submission has not been withdrawn; and
(v) any advice agency treated as a submitter whose submission has not been withdrawn; or
(b) if the appellant is a submitter or an advice agency whose response to the development application is
treated as a submission for an appeal-
(i) the chief executive; and
(ii) the assessment manager; and
(ili) any referral agency; and
{iv) the applicant; or
(c) if the appellant is a person to whom a notice mentioned in section 4.1.30 has been given-
(i) the chief executive; and
(ii) the deciding entity; and
(iti) any entity that was a concurrence agency or building referral agency for the development
application to which the notice relates.
(2) The notice must be given within-
(a) if paragraph (b) does not apply-10 business days after the appeal is started; or
(b) if the appellant is a submitter or advice agency whose response to the development application is
treated as a submission for an appeal-2 business days after the appeal is started.
(3) The notice must state-
(a) the grounds of the appeal; and
(b) if the person given the notice is not the respondent or a co-respondent under section 4.1.43 -
(c) that the person may, within 10 business days after the day the notice is given, elect to became a co-
respondent to the appeal by filing in the court a notice of election in the approved form.

4.1.42 Notice of appeal to other parties (div 9)
(1) An appellant under division 9 must, within 10 business days after the day the appeal is started give
written notice of the appeal to -
(a) if the appellant is a person to whom a notice mentioned in section 4.1.3
the entity that gave the notice; or
(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the
notice and if the entity is not the local government, the local government; or
(c) if the appellant is a person dissatisfied with a decision about compensation - the local
government that decided the claim; or
(d) if the appellant is a person dissatisfied with a decision about acquiring designated land - the
designator; or
(e) if the appellant is a person who is disqualified as a private certifier - the entity disqualifying
the person and if the entity disqualifying the person is not the accrediting body, the
accrediting body; or .

17? has been given -

 

Page 6 of 7 + AD080109 Department of Environment and Resource Management