11. Existing DA (2006)

(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making
the decision.

(2) An appeal against a tribunal’s decision must be started within 20 business days after the day
notice of the tribunal’s decision is given to the party.

Court may remit matter to tribunal

4.1.38: If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the
matter should be dealt with by a tribunal, the court must remit the matter to the tribunal for
decision.

Division 10 - Making an appeal to court
How appeals to the court are started

4.1.39 (1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the 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 not complied with
subsection (3).

Certain appellants must obtain information about submitters

4.1.40 (1) If the applicant or a submitter for a development application appeals about the part of the
application involving impact assessment, the appellant must ask the assessment manager to give
the appellant the name and address of each principal submitter who made a properly made
submission about the application and has not withdrawn the submission.

(2) The assessment manager must give the information requested under subsection (1) as soon as
practicable.

Notice of appeal to other parties (div 8)

4.1.41 (1) An appellant under division 8 must, within 10 business days after the day the appeal is started (or
if information is requested under section 4.1.40, within 10 business days after the day the
appellant is given the information) give written notice of the appeal to -

(a) if the appellant is an applicant - the assessment manager, any concurrence agency, any
principal submitter whose submission has not been withdrawn and any advice agency treated
as a submitter whose submission has not been withdrawn; or

(b) if the appellant is a submitter or an advice agency whose response to the development
application is treated as a submission for an appeal - the assessment manager, the applicant
and any concurrence agency; or

(c) if the appellant is a person to whom a notice mentioned in section 4.1.30 has been given - the
assessment manager and any entity that was a concurrence agency for the development
application.

(2) The notice must state -

(a) the grounds of the appeal; and

(b) if the person given the notice is not the respondent or a co-respondent under section 4.1.43 -
that the person, within 10 business days after the day the notice is given, may elect to
become a co-respondent to the appeal.

Notice of appeal to other parties (div 9)

4.1.42 (1) An appellant under division 9 must, within 10 business days after the day the appeal is started
give written notice of the appeal to - :

(a) if the appellant is a person to whom a notice mentioned in section 4.1 .31 has been given -
the entity that gave the notice; or
(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the

notice and if the entity is not the local government, the local government; or