Att 3_Existing Approvals (compiled)

                                                                                                        MCU13/0081



                                                          Appeal Rights
                                                          SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                          REGULATION 2009



The following is an extract from the Sustainable Planning         463 Additional and extended appeal rights for
Act 2009 (Chapter 7).                                                 submitters for particular development applications
                                                                  (1) This section applies to a development application to
MATERIAL CHANGE OF USE, RECONFIGURING A LOT                           which chapter 9, part 7 applies.
& OPERATIONAL WORKS                                               (2) A submitter of a properly made submission for the
                                                                      application may appeal to the court about a referral
Division 8           Appeals to        court relating to              agency’s response made by a prescribed concurrence
                     development        applications and              agency for the application.
                     approvals                                    (3) However, the submitter may only appeal against a
                                                                      referral agency’s response to the extent it relates to—
461     Appeals by applicants                                         (a) if the prescribed concurrence agency is the chief
(1)     An applicant for a development application may                      executive (environment)—development for an
        appeal to the court against any of the following—                   aquacultural ERA; or
        (a) the refusal, or the refusal in part, of the               (b) if the prescribed concurrence agency is the chief
             development application;                                       executive (fisheries)—development that is—
        (b) any condition of a development approval,                        (i) a material change of use of premises for
             another matter stated in a development                               aquaculture; or
             approval and the identification or inclusion of a              (ii) operational work that is the removal, damage
             code under section 242;                                              or destruction of a marine plant.
        (c) the decision to give a preliminary approval           (4) Despite section 462(1), the submitter may appeal
             when a development permit was applied for;               against the following matters for the application even if
        (d) the length of a period mentioned in section               the matters relate to code assessment—
             341;                                                     (a) a decision about a matter mentioned in section
        (e) a deemed refusal of the development                             462(2) if it is a decision of the chief executive
             application.                                                   (fisheries);
(2)     An appeal under subsection (1)(a), (b), (c) or (d)            (b) a referral agency’s response mentioned in
        must be started within 20 business days (the                        subsection (2).
        applicant’s appeal period) after—
        (a) if a decision notice or negotiated decision           464 Appeals by advice agency submitters
             notice is given—the day the decision notice or       (1) Subsection (2) applies if an advice agency, in its
             negotiated decision notice is given to the               response for an application, told the assessment
             applicant; or                                            manager to treat the response as a properly made
        (b) otherwise—the day a decision notice was                   submission.
             required to be given to the applicant.               (2) The advice agency may, within the limits of its
(3)     An appeal under subsection (1)(e) may be started              jurisdiction, appeal to the court about—
        at any time after the last day a decision on the              (a) any part of the approval relating to the assessment
        matter should have been made.                                       manager’s decision about any part of the
                                                                            application requiring impact assessment under
462      Appeals by submitters—general                                      section 314; or
(1)      A submitter for a development application may                (b) any part of the approval relating to the assessment
         appeal to the court only against—                                  manager’s decision under section 327.
          (a) the part of the approval relating to the            (3) The appeal must be started within 20 business days
              assessment manager’s decision about any                 after the day the decision notice or negotiated decision
              part of the application requiring impact                notice is given to the advice agency as a submitter.
              assessment under section 314; or                    (4) However, if the advice agency has given the
          (b) the part of the approval relating to the                assessment manager a notice under section
              assessment manager’s decision under section             339(1)(b)(ii), the advice agency may not appeal the
              327.                                                    decision.
(2)       To the extent an appeal may be made under
          subsection (1), the appeal may be against 1 or          465 Appeals about decisions relating to extensions for
          more of the following—                                      approvals
         (a) the giving of a development approval;                (1) For a development approval given for a development
         (b) any provision of the approval including—                 application, a person to whom a notice is given under
              (i) a condition of, or lack of condition for, the       section 389, other than a notice for a decision under
                    approval; or                                      section 386(2), may appeal to the court against the
              (ii) the length of a period mentioned in                decision in the notice.
                    section 341 for the approval.                 (2) The appeal must be started within 20 business days
(3)      However, a submitter may not appeal if the                   after the day the notice of the decision is given to the
         submitter—                                                   person.
         (a) withdraws the submission before the                  (3) Also, a person who has made a request under section
              application is decided; or                              383 may appeal to the court against a deemed refusal of
         (b) has given the assessment manager a notice                the request.
              under section 339(1)(b)(ii).                        (4) An appeal under subsection (3) may be started at any
(4)   The appeal must be started within 20 business days              time after the last day the decision on the matter should
      (the submitter’s appeal period) after the decision              have been made.
      notice or negotiated decision notice is given to the
      submitter.




PD-DA-FM1420s/3-18/11/2011                                                                                       Page 5 of 6