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Approved Decision Notice & Approved Plan by the Noosa Iconic Panel

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                                        SCRC CORRESPONDENCE


                                       l^^I^^^MMWNI                      Queensland
                                                                         Government

Our ref: F11/2638
Your ref: OPW 10/2192                                                     Noosa Iconic Panel



15 March 2011

Mr John Knaggs
Chief Executive Officer
Sunshine Coast Regional Council (SCRC)
PO Box 141
TEWANTIN QLD 4565

Attention: Ms Kerri Coyle, Mr Colin Bunter                           Roo B 3


Dear Mr Knaggs

        Decision of the Development Assessment Panel for the Iconic
        Queensland Place of Noosa

        Development Permit for Operational Works (Prescribed Tidal Works -
        Jetty) at 256 Gympie Terrace, Noosaville

With reference to the abovementioned Development Application, please find attached
the relevant Decision Notice for the decision of the Noosa Iconic Panel made on 11
March 2011.

Under section 53(3) and (4) of the Iconic Queensland Places Act 2008 (IQPA), the
decision notice or negotiated decision notice given by the Panel is, for the Sustainable
Planning Act 2009 (SPA), taken to have been given by the local government as the
assessment manager for the application.

Accordingly, pursuant to section 728 of the SPA, Council is required to keep a copy of
the decision notice or negotiated decision notice available for inspection and purchase
by the public.

Council's appeal rights are pursuant to section 54(3) of the IQPA.

Should you have any queries, please contact the undersigned on (07) 5458 7117.




 avid Else
A/ Project Manager on behalf of
Noosa Iconic Panel
Enc. Copy of decision notice and approved plan
                                                                        63 George Street
                                                                        Brisbane

                                                                        PO Box 15009 City East
                                                                        Queensland 4002 Australia

                                                                        Telephone + 61 7 3033 0596
                                                                        Facsimile + 61 7 3225 2238
                                                                        Website www.dio.oId.oov.au
                                                                        ABN 25 166 523 889
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Page 2

                           G^'r                                     AM Queensland
                                                                    JW, Government
Our ref:     F11/2638
Council ref: OPW10/2192                                                    Noosa Iconic Panel



15 March 2011




Ba no Pty Ltd
c/- No a Mapping
PO Box
Tewantin QL`D,4565




                           Decision Notice - Noosa Iconic Panel
                                  Iconic Queensland Places Act 2008




Dear Sir/ Madam,

I wish to advise that on 11 March 2011 your application for Operational Works (Development
Permit) - Prescribed Tidal Works at 256 Gympie Terrace, Noosaville was approved by the
Noosa Iconic Panel acting as the assessment manager in the place of the Sunshine Coast
Regional Council (the Council), subject to conditions, in accordance with the Iconic
Queensland Places Act 2008, s52. The decision is detailed in this Decision Notice.

As the application has been decided by the Noosa Iconic Panel, any representations you
intend to make about this decision notice must be made to the Noosa Iconic Panel. Also, any
requests you intend to make in the future, to change the development permit, or to change or
cancel conditions of this approval, must be made to the Noosa Iconic Panel. However,
requests to change the relevant period of approval must be made to the Council.

         APPLICATION DETAILS

Application No:                    OPW10/2192
Street Address:                    256 Gympie Terrace, Noosaville
Real Property Description:         Lot 158 SP 233178
Planning Scheme:                   The Noosa Plan (11 May 2009)

2.       DECISION DETAILS

The following type of approval has been issued:

Development Permit for Operational Work (Prescribed Tidal Works - Jetty)




PD-DA-FM387/1-13/04/2010                                                          Page 1 of 14

Page 3

                                                                                     OPW 10/2192

           RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this
development approval takes effect. (Refer to Section 341 "When approval lapses if
development not started" of the Sustainable Planning Act 2009.)




This development approval is subject to compliance with the following assessment manager
conditions:


1          Development undertaken in accordance with this approval must generally comply with
           the approved plans of development. The approved plans are listed in the following
           table and as amended by annotations marked in red and these conditions.
2          The proposed roof area and associated supports are to be finished with muted colours
           that blend with the surrounding natural landscape.
3          The deck area shall be an open structure at all times, and shall not be made enclosed
           with doors, windows, shutters, awnings or the like.
4          No signage shall be located on the new roof or associated supports.
5          All structures associated with the use must be constructed wholly within the approved
           Resource Entitlement/Lease Area.
6          Structures must be designed and constructed such that they are free standing within
           the waterway and are not connected to or behind the revetment wall or rock wall.
7          The decking must be constructed in a manner to render the underside area vermin
           proof.
8          Lighting associated with the use must be designed, installed, operated, and maintained
           in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
           Lighting.
9          Wastewater and sullage must only be disposed of at approved pumpout facilities.
10         The mooring facility must not be utilised for live-aboard purposes.
11         Any construction and post construction activity is not to impact on the condition of the
           waterway, and is to be conducted so as not to breach the Environmental Protection Act
           (EPA) 1994 and the Environmental Protection (Water) Policy 1997.
12         The approval or conditions do not constitute a ruling on structural safety and the
           applicant must make their own arrangements to ensure adequacy of design and work.
           Also any approval granted does not warrant that such plans and specifications have
           been checked in detail, nor does it absolve the owner of the land from complying with
           all the conditions of this approval and/or relevant Council By-Laws and Policies and/or
           relevant statutes and/or statutory regulations in the execution and/or performance of
           said works.      The Council and the Noosa Iconic Panel does not accept any
           responsibility for the accuracy of such plans and specifications as approved.
13         No construction work is to be undertaken until separate approval is granted by the
           Environmental Protection Agency (Coastal Management Branch) and any
           requirements of the Department of Transport and Main Roads and Department of
           Primary Industries have been met.




Noosa Iconic Panel                                                                    Page 2 of 14

Page 4

                                                                                       OPW 10/2192



C          REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

      Referral Trigger                Referral     Referral Agency        Referral Address
                                      Status
Operational work other Concurrence                DERM                Dept of Environment &
than prescribed tidal                                                 Resource Management
work in a canal                                                       GPO Box 2454
                                                                      BRISBANE QLD 4001
Operational work - Tidal         Concurrence      DTMR                Dept of Transport & Main
Works - Jetty                                                         Roads
                                                                      Regional Harbour Master
                                                                      Brisbane
                                                                      Macarthur Avenue East
                                                                      PINKENBA QLD 4008

A copy of any referral agency conditions is attached.

           APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the
following tables:

Approved Plans
Plan No.                       Rev.     Plan Name                                  Date
10/90-1                                 Working DRG - John Norden & Associates     June 2010
as annotated

           PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

           ADVISORY NOTES                                                                             1
These Advisory Notes do not form part of this approval or the conditions attached thereto.
The following Advisory Notes are intended to provide guidance to the applicant where
necessary and inform the applicant of actions that Council may take with respect to the
development site or the approval:

1          Should any changes or modifications to the approved plans be required, a Change to
           an Existing Approval Application under the Sustainable Planning Act 2009 must be
           made. Amended plans clearly indicating the changes must be lodged with this
           application along with the appropriate fees.
2          The requirements of the Environmental Protection Amendment Regulation (No. 2)
           1999 and Local Law No. 12, prevents a builder or building contractor carrying out
           building work on a building site in a way that makes or causes audible noise to be
           made from the building work:-
          2.1.       On a Sunday or public holiday, at any time; or
          2.2.       On a Saturday or a business day, before 7.00am or after 6.30pm.




Noose Iconic Panel                                                                     Page 3 of 14

Page 5

                                                                                          OP W 10/2192

    A maximum penalty of $1,500 applies to an offence under this legislation

    Equitable Access and Facilities
    The plans for the proposed building work have NOT been assessed for compliance with the
    requirements of the Building Code of Australia - Part D3 as they relate to people with
    disabilities. Your attention is also directed to the fact that in addition to the requirements of the
    Building Code of Australia - Part D3 as they relate to people with disabilities, one or both of
    the following may impact on the proposed building work:
    (a)      The Disability Discrimination Act 1992 (Commonwealth)
    (b)      Anti-Discrimination Act 1991 (Queensland)

    Sunshine Coast Regional Council recommends that the following matters be considered to
    address equitable access and facilities in the building:
    (a)    The building and environs should be designed to meet the requirements of the Human
           Rights and Equal Opportunity Commission "Advisory Notes on Access to Premises"
           and AS 1428.2
    (b)    Applicants should be aware that a "Disability Standard on Access to premises" is
           currently being developed and most likely will impose changes on the Building Code of
           Australia
    (c)    Any services and facilities in the building complex should allow independent, dignified
           and equitable use of the services and facilities for all people.

    Aboriginal Cultural Heritage Act 2003
    There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
    approvals pursuant to the Aboriginal Cultural Heritage Act 2003.

    The ACH Act establishes a cultural heritage duty of care which provides that: "A person who
    carries out an activity must take all reasonable and practicable measures to ensure the activity
    does not harm Aboriginal cultural heritage." It is an offence to fail to comply with the duty of
    care. Substantial monetary penalties may apply to individuals or corporations breaching this
    duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the
    Minister administering the Act can also issue stop orders for an activity that is harming or is
    likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
    heritage.

    You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
    obligations under the ACH Act.

I              PROPERTY NOTES

    Not Applicable

    10.        PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

    Not Applicable

    11.        FURTHER DEVELOPMENT PERMITS REQUIRED                                                      I
    Not Applicable

112.           SELF ASSESSABLE CODES                                                                     I
    Not Applicable




    Noosa Iconic Panel                                                                    Page 4 of 14

Page 6

                                                                                              OPW10/2192




 Not Applicable

            REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME                                      1
 Not Applicable

115.        RIGHTS OF APPEAL

 You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
 the Sustainable Planning Act 2009 is attached.

 During the appeal period, you as the applicant may suspend your appeal period and make
 written representations to the Noosa Iconic Panel about the conditions contained within the
 development approval.      If the Noosa Iconic Panel agrees or agrees in part with the
 representations, a "negotiated decision notice" will be issued. Only one "negotiated decision
 notice" may be given. Taking this step will defer your appeal period, which will commence
 again from the start the day after you receive a "negotiated decision notice". (Refer to Part 8
 "Dealing with decision notices and approvals" - Division 1 "Changing decision notices and
 approvals during applicant's appeal period" of the Sustainable Planning Act 2009.)

115.        OTHER DETAILS

 If you wish to obtain more information about the decision, electronic copies are available on
 line at www.sunshinecoast.gld.gov.au, or at Council Offices.

 Please note that Sunshine Coast Regional Council may appeal the decision as if it had been a
 submitter for the application. Accordingly, any notice of appeal must also be forwarded to Council.


 This development approval takes effect -
    •   if the applicant does not appeal the decision, the earlier date of either:
        -   when the submitter's appeal period ends; or
        - the day the last submitter gives the assessment manager written notice that the submitter will
             not be appealing the decision.
 OR
        •   subject to the decision of the court, when the appeal is finally decided, if an appeal is made to
            the court.
 If you have any queries in relation to this decision notice, please contact me on (07)5458 7117.
 Yours faithfully,




  avid Else
A/ Project Manager on behalf of
Noosa Iconic Panel

 Enc:       Referral Agency Response
            Approved Plans
            Appeal Rights




Noosa Iconic Panel                                                                            Page 5 of 14

Page 7

                                                                                                                                         OPW 10/2192




                                                             Referral Agency Conditions
                                                           SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                           REGULATION 2009




                                                                                                                                    i1
                                                                                                                            80334180

              Department of Envimnmynt
              and Resource Management                                                                                       Notice
                                                                                    Concurrence Agency Response

                                                        ,cr^t rNr, r`'!an   ' 4 r z^kki IM-- Act-,



              Sunsh, i- r :c " aegiorrat Council                               cc        Baveno P'rv Ltd
              Lockett Baq rr
              Surnshwte C s' Va;' Cent?e                                                 PC, Box 257
              OLD 45611                                                                  Tew rtin Qi '? ^`f>

              Attn tataak t.ewrls                                                        Attu Jvr, Toovey



                                                                                         Our re*ereK:e: 355664

               Re:     Concurrence Agency Response for Operational Works - Prescribed Tidal
                       Works at Lot 158 on Plan SP233178 (256 Gympie Terrace, Noosaville)


                       Application Details

                       Assr-t°„nFnt ,9ana of r&.-            KMLGlI R4XM
                       Cale aRn11ca lvr
                                     i re,`errFd'o DERK


                       D'e°veloprnent aop,,o a! applied for
                                                            Develaprnen' perm it

                       Aspect, of developn i

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                                                            S WJu r. 3, Fan 1. Tattle 4, ltein' 51a


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                                                            4566 on Nyasa R,ver




                      at W Enwi1 rrrxnent and Resource Management                                        ueensland Government
                         d,90. era ^ 8 N4 4" 02 # 44 # 5




Noose Iconic Panel                                                                                                                       Page 6 of 14

Page 8

                                                                                                                                                                   OPW 10/2192




                                                                                                                                                                       Notice
                                                                                                                     Concurrence Agency Response

                     2           7tre Chief x6C:4trve 1Je, ,ettm                  t       n'.+ rorltnerlt onr. Resource Mar.:+;temp'il ;DERt.•1r concurrence
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                                 PJ•-'r`,e       I-_.'r'! tic j1 __,,__5rl,e'I` fT1Bf-t      eT as f^r!rra


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                                     Jc... er

                                                             r fir- for rn,v part n'
                                                      -^ ljttows.




                     5           General advice to asses5rnent manager

                                                                1 .3E:3 of the Act, a to;t,. o a                    rte            or i e oot;aled ti ts,
                                                                                      a-_aC ^1_ DE ^-, .: .,.^+ .rr               a^e,x



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                               Ia v                                         rottftC-rationtor rs^r'e'!Ir

                                Adoreiunal comments or advree about the app€ cation



                                Additional tnforr               hon far ;,cplii:ants

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                                                                                                                Enquiries'
                     Ben Sale
                                                                                                                R.;..a
                     De€egate
                                                                                                                          F-n'r-r,
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                                                        SK U-147,0411




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Noosa Iconic Panel                                                                                                                                                 Page 7 of 14

Page 9

                                                                                                                                   OPW 10/2192




           Department of Environment
           and Resource Management

                                                                                                   Sustainable Planning Act 2009


                                                                 DERM Permit' number:                           SPCCO14T0411
             Assossrneitt manager reterenc                 tell 0' " hl V? oPvf, 10'2192


             Date application received:                    b January 20

             Permit type=                                  Ct7ntat?rr'bC ,,re c r^,..,r^ i t . Oe.^r•^r

             Date of decision.                             17 J. ,: ^^a y "


             Decision,-                                    Fnr a concurrence agency reSpon so

                                                           ; .€rnd If rs 1h t rrr,sl alt is+i ie



             Relevant laws and policies.
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                                                           ifir innrcin„ tr- Ir9 slal rn

             ,Jurisdiction(s);




           Reason(s) for inclusion of conditions

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           Clvpasunnni of Envirann®nl ano A                                                            Queensland Government
           www de ,"It rld gov, au R8?r 45 $40 7s4 4ts5




Noosa Iconic Panel                                                                                                                 Page 8 of 14

Page 10

A




                                                                                                                                         OPW1 0/2192

                                                                                                                                                        a



                                                                                  DERM Permit number SPCCO1470411


                    CONDITIONS
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                    at;,r r .r. -nr ri= n;     vh the ,1' ,,-n : Iti t_ r^rrler',tal 3lt"--, of I+t" .t•;I way                   t_ 11

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                    1"ieht31( 'ofrls,,,I ;J L' rE,      hrlLLlktr8x^ientia_




                                                          END OF CONDITIONS




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                    F'_:i




                                  K? `                                                    Drpat[tawnt of Enusrrnrn nt anti Restjurca Managefcectt




    Noosa Iconic Panel                                                                                                                   Page 9 of 14

Page 11

                                                                                                                                                                OPW 10/2192




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                         (1 De m n cr i.( 197

                        Ncrctsa Mrpping & Surs,et s Pro' Lid
                        PC) Box 257
                        levvtmtin Q9d r1 tiS


                        Dcat Sit


                        Tidal Works - Requcss for comments
                        Propowd Dt°ck-"I"' bri%e Hirt Boatts.25 t;vntlrie'Tcrt'a ,Noosw+rille;Imi 1,58                                           233

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                        Ioetitjr r, rntorlii-med rltove.


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                              cost,


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Noosa Iconic Panel
                                                                                                                                                      Page 10 of 14

Page 12

                                                                                                                             OPW1 0/2192




                     Maritime ,"rarefy Que    shod does n©t need to be further con ulxd if all of the above conditions are
                     rag,

                     The above Conditions must be '              in your iWication to

                     T Ws a g e n c y will also forwa_»d a ropy of this let:ar to the Assessment   aw.


                                    I




                     Captata Richard C 3ohaauta
                         anal Rarboor Master




                                                                                                                       Pop 2c'2




Noosa Iconic Panel
                                                                                                                     Page 11 of 14

Page 13

                                                                                                      OPW 10/2192




                                                                    Queensland
                                                                    Government
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                                                                             Fikno' 2i5:N(gI"
                                                                                     P i 539-MOM
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                     CC      Attn: Denis Sha^A
                             Sunshine Coast Regi,u;zi Cv':cneil
                             Locks Hag ?
                             Sunshine C-catstNiaitCennrc Qtd 4560



                                  \`oUT infc+h"nli.Fn.




                              °"RPtain Richard T Johnst
                               rgional Harbour Master (Bri5haa


                             20 De-"-vi bea L i00




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                     t?apart fll o. Transpol MnO Wa=r Ftuadr,




Noosa Iconic Panel
                                                                                                  Page 12 of 14

Page 14

                                                                                                                     OPW10/2192


                                                            Appeal Rights
                                                            SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                            REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8               Appeals to court relating to development applications and approvals

461         Appeals by applicants
(1)         An applicant for a development application may appeal to the court against any of the following-
            (a) the refusal, or the refusal in part, of the development application;
            (b)   any condition of a development approval, another matter stated in a development approval and the identification or
                  inclusion of a code under section 242;
            (c)   the decision to give a preliminary approval when a development permit was applied for;
            (d)   the length of a period mentioned in section 341;
            (e)   a deemed refusal of the development application.
(2)         An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant's appeal period)
            after-
            (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is
                given to the applicant; or
            (b) otherwise-the day a decision notice was required to be given to the applicant.
(3)         An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been
            made.

462         Appeals by submitters-general
(1)         A submitter for a development application may appeal to the court only against
             (a) the part of the approval relating to the assessment manager's decision about any part of the application requiring
                  impact assessment under section 314; or
             (b) the part of the approval relating to the assessment manager's decision under section 327.
(2)          To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following-
            (a) the giving of a development approval;
            (b) any provision of the approval including-
                  (i) a condition of, or lack of condition for, the approval; or
               (ii) the length of a period mentioned in section 341 for the approval.
(3)         However, a submitter may not appeal if the submitter-
        (a) withdraws the submission before the application is decided; or
        (b) has given the assessment manager a notice under section 339(1)(b)(ii).
(4)   The appeal must be started within 20 business days (the submitter's appeal period) after the decision notice or negotiated
      decision notice is given to the submitter.

463 Additional and extended appeal rights forsubmitters for particular development applications
(1) This section applies to a development application to which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency's response
    made by a prescribed concurrence agency for the application.
(3) However, the submitter may only appeal against a referral agency's response to the extent it relates to-
      (a) if the prescribed concurrence agency is the chief executive (environment)-development for an aquacultural ERA; or
      (b) if the prescribed concurrence agency is the chief executive (fisheries)-development that is-
           (i) a material change of use of premises for aquaculture; or
           (ii) operational work that is the removal, damage or destruction of a marine plant.
(4)   Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate
      to code assessment-
      (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
      (b) a referral agency's response mentioned in subsection (2).

464 Appeals by advice agency submitters
(1)   Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the
      response as a properly made submission.
(2)   The advice agency may, within the limits of its jurisdiction, appeal to the court about-
      (a)     any part of the approval relating to the assessment manager's decision about any part of the application requiring
              impact assessment under section 314; or
      (b) any part of the approval relating to the assessment manager's decision under section 327.
(3)   The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given
      to the advice agency as a submitter.
(4)   However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency
      may not appeal the decision.

465 Appeals about decisions relating to extensions for approvals
(1)   For a development approval given for a development application, a person to whom a notice is given under section 389,
      other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2)   The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3)   Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.




Noosa Iconic Panel                                                                                                  Page 13 of 14

Page 15

                                                                                                              OPW 10/2192

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

466 Appeals about decisions relating to permissible changes
(1)   For a development approval given for a development application, the following persons may appeal to the court against a
      decision on a request to make a permissible change to the approval-
      (a) if the responsible entity for making the change is the assessment manager for the application-
          (i) the person who made the request; or
          (ii) an entity that gave a notice under section 373 or a pre-request response notice about the request;
      (b) if the responsible entity for making the change is a concurrence agency for the application-the person who made the
          request.
(2)   The appeal must be started within 20 business days after the day the person is given notice of the decision on the request
      under section 376.
(3)   Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)   An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been
      made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development
    approval has been given may appeal to the court against the decision in the notice.
(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.




Noosa Iconic Panel                                                                                           Page 14 of 14

Page 16

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