Decision Notice - Change to an Existing Approval - 010.2005.00002200.003 [As Published] · 132005.2200.03

   2005/2200




Page 13 of 19


[OCR of page images]
2005/2200

 

Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)

4.1.31 (1) A person to wham any of the following notices have been given may appeal to the court against
the decision in the notice -

(a) a notice giving a decision on a request to change or cancel a condition of a development
approval;

(b) a notice under section 6.1.44 giving a decision to change or cancel a condition of a
development approval.

. (2) The appeal must be started within 20 business days after the day the notice of the decision is
given to the person.

Appeals. against enforcement notices

4.1.32 (1) A person who is given an enforcement notice. may appeal to the court against the giving of the
notice.

(2) The appeal must be started within 20 business days after the day notice is given to the person.

Stay of operation of enforcement notice ©

4.1.33 (1) The lodging of a notice of appeal about an enforcement notice stays the operation of the
enforcement notice until -

(a) the court, on the application of the entity issuing the notice, decides otherwise; or
(b) the appeal is withdrawn, or
(c) the appeal is dismissed.

(2) However, subsection (1) does not apply if the enforcement notice is about -

(a) a work, if the enforcement notice states the entity believes the work is a-danger to persons or
arisk to public health; or
{b) carrying out development that is the demolition of a work.

Appeals against decisions on compensation claims

4.1.34 (1) A person who is dissatisfied with a decision under section 5.4.8 or §.5.3 for the payment of
compensation may appeal to the court against -

(a) the decision; or
(b) a deemed refusal of the claim.

(2) An appeal under.subsection (1)(a) must be started with 20 business days after the day notice of
the decision is given to the person.

(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the
matter should have been made.

Appeals against decisions on requests to acquire designated land under hardship

4.1.35 (1) Aperson who is dissatisfied with a designator's decision to refuse a request made by the person
under section 2.6.19, may appeal to the court against -
(a) the decision, or
(b) a deemed refusal of the request.

(2) An appeal under subsection (1){a) must be started within 20 business days after the day notice of
the decision is given to the person.

(3) An appeal under subsection (1){b) may be started at any time after the last day a decision on the
matter should have been made.

Appeals from tribunals

4.1.37 (1) A party to a proceeding decided by a tribunal may appeal to the court agains the tribunal’s.
decision, but only on the ground -

(a) of error or mistake in taw on the part of the tribunal; or

Page 13 of 19