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

   2005/2200




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2005/2200

 

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(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

{f) if the appellant is a party toa proceeding decided by a tribunal - the other party to the
proceeding.

(2) The notice must state the grounds of the appeal.

Respondent and co-respondents for appeals under div 8
4.1.43 (1) This section applies to appeals under division 8 for a development application.
(2) The assessment manager is the respondent for the appeal.
(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) If the appeal is about a concurrence agency response, the concurrence agency is @ co-
respondent for the appeal.

(5) If the appeal is only about a concurrence agency response, the assessment manager may apply
to the court to withdraw from the appeal. .

(6) The respondent and any co-respondents for an appeal are’entitled to be heard in the appeal as a
party to the appeal.

(7) A person to whom a notice of appeal is required to be given under section 4.1.41 and who is not
the respondent or a co-respondent for the appeal may elect to be a co-respondent.

Respondent and co-respondents for appeals under div 9
4.1.44 (1) This section applies if an entity is required under section 4.1.42 to be given a notice of an appeal.
(2) The entity given written notice is the respondent for the appeal.

(3) However, if under a provision of the section rnore than 1 entity is required to be given notice, only
the first entity mentioned in the provision is the respondent.

(4) The second entity mentioned in the provision may elect to be a co-respondent.

How a person may elect to be co-respondent

4.1.45 (1) An entity elects to be a co-respondent by lodging in the court, within 10 business days after the
day the notice of the appeal is given to the entity, a notice of election under the rules of court.

{2) If a principal submitter is entitled to elect to become a co-respondent, any other submitter for the
submission may also elect to become a co-respondent to the appeal.

Minister entitled to be represented in an appeal involving a State interest

4.1.46 If the Minister is satisfied that an appeal involves a State interest, the Minister is entitled to be
represented in the appeal.

Lodging appeal stops certain actions

4.1.47 (1) Ian appeal (other than an appeal under section 4.1 .30) is started under division 8, the
development must not be started until the appeal is decided or withdrawn.

(2) Despite subsection (1), if the court is satisfied the outcome of the appeal would not be affected if
a the development or part of the development is started before the appeal is decided, the court
_ may allow the development or part of the development to start before the appeal is decided.

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