2010/574 SPA Decision Notice [As Published] · 132010.574

                                                                                               2010/574



                                                   Appeal Rights
                                                  SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                  PLANNING REGULATION 2009




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