Decision Notice - Change to an Existing Approval - Concurrence Agency - DERM - Ecoaccess [As Published] · 142008.1704.03

   2008/1704




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2008/1704

 

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ecoaccess

service maniat Fopransa gad cwucnidse
oO Notice

Change to an existing approval

4.1.38 Court may remit matter to tribunal
if an appeal Includes 4 matter within the jurisdiction ol a Gibunal and the court is satisfied Ihe fatter should
be daalt with by 2 Wibunal, the court must remit the matter to the tridunat for decision.

Division 10 - Making an 2ppeal to court

4.1.35 How appeals to the court sre started

{1} An appeal rs started by ladging writen notire of appeal with the registrar of (he court

(2} The notes of appeal must state the grounds of the appeal,

{3} The person siarting ihe 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 noi complied with subsection

(3).

4.1.41 Notice of appeal to other parties {div B)
(1) An appellant under division 8 must give written notice ek the » appestio-
{a) if the appellantis an applicant-
(i) the chief sxeculive; and
(ii), the assessment manager and
(li} any coneyrrance agancy, ant
(iv) any principal submitter whose submission has not been withdrawn; and
(y} any advice agency traated as a submitter whose submission has nol been withdrawn: or
(b) if the appellant is a submitter or an advice agency whose response to the davelapment appkcatian is
geated as a submission for an apperl-
(i) the chlef executive; and .
(ll) the assessment manager; and .
{ii} any rafarral agency; and
(iv) the applicant; or
(c) If the appellant is a person to whom a nolice mentioned i in section 4.7.30 has been given- a

(i} ° the chief execulive; and
(i) - the deciding entily; and

(ih any entity Ihat was a concurrence agency or building refunrgl agency for lhe development
‘application lo which the notice relates. .
(2) The notice must be given within
{a) if paragraph fb) does nol apply-10 business days after Ihe appeal is started; or
(b>) if the appellant is a submitter or advice agency whose rasponse to Ihe Gavalopment application is
(reatad as a submission for an appeal-2 business days alter the appeal is started.
(3) The notiog must state- .
fa) the grounds af thy appeal, and
(b) if ihe person given thie noties is not the respandent or a co- respondent under sectloa 4.1.43 -
{c) that the person may, within 10 business days after the day the notice Is gon, clact to became 3 ¢o-
faspondent to the apes! by filing jn the court a notice af election in the approvad form,
4.1.42 ‘Netiee of appeat te other parties (diy 8)
{1} An appellant under division 9 must, within 10 business days aiter the day ihe appeal is started give
written notice of the appeal ta -
. (a) if the appelianl is a’person to whom @ notice mentionad in saclion 4.1.317? has been given -
Ihe entity that gave the ‘notice; or
{b) it ihe appellant Is a person (o whom an enforcement notice ts given ~ ihe entity thal gave lhe
notina and if the antily Is not the local government, the foca).government: or
ic) ifthe appellant is a person dissatistiat with 4 decision about compensation - the focal
govemment that decided the claim; or
(2) if the appellant is a person dissatisfied with a decision about acquiring designated lands - the
designutor: or
te) if the appellant is a persan who Is disqual ified as a private ceaifier - the cntty disqualifying
Ihe person and it the entily an the person inal the: acoxeriiting body, the -
ucerediing body: or aoc5 = ae

 

Page 60f 7- apueotes Department ol Enviranmant and Resource Management

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