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Appeal Rights

4 H COUNCIL PLANNING ACT 2016 & PLANNING REGULATION 2017

 

Chapter 6 Dispute resolution

Part 1 Appeal rights

223 Appeals to tribunal or P&E Court
(1)

 

(a) Matters that may be appealed to-
(l) ether a tribunal or the P&E Court; or
(ll) only a tribunal; or
(IE) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ll) who Is a respondent In an appeal of the matter; and
(IE) who Is 3 co-respondent In an appeal of the matter; and
() tuto may elect to be a co-respondent m an appest ofthe

(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —

(a) for an appeal by a Dullding advisory agency — 10 business
days after 2 decision notice for the decision Is given to the
agency; or

(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or

(c) foran appeal against a decision of the Minister, under chapter
7, part 4, to ragister premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or

(4) for an appeal against an infrastructure charges notice - 20
business days after the Infrastructure charges notice Is given
to he person: or

(e) for an appeal about 3 deemed approval of 2 development
application for which 2 decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager, or

(f) for any other appeal — 20 business days after a notice of the
Gecision for the matter, Including an enforcement notice, is
given to the person.

Note -

See the P&E Court Act for the court's power to extend the appeal

period.

(4) Each respondent and co-respondent for an appeal may be neard
in the appeal.

(5) if an appeal is only about a referral agency's response, the
assessment manager may apply to the triounal or P&E Court to
withdraw from the appeal

(6) To remove any doubt It Is deciared that an appeal [against an
infrastructure charges notice must not be about-

(a) the adopted charge Itself, or
(b) fora decision about an offset or refund-

(I) the estabismment cost of trunk Infrastructure identified In
a LGIP; or

(ll) the cost of infrastructure decided using the memod
included in Ne local government's charges resolution.

230 Notice of appeal

(1) An appefant starts an appeal by lodging, with the registrar of the
tnbunal or P&E Court, a notice of appeal that-

(a) Is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.

8)

(4)

5)

(6)

The appellant of, for an appeat to a tribunal, the registrar must,

within the service period, give a copy of the notice of appeal to -

(2) the respondent for the appeal; and

(b) each co-respondent for the appeal; and

(c) Toran appeal about a development application under schedule
1, table 1, lem 1 — each principal submitter for the
development application: and

(0) for and appeal about a change application under schedule 1,
table 1, Item 2 - each principal submitter for the change
appiication; and

(@) each person who may elect to become a co-respondent for the
appea, other than an eligible submitter who is not a principal
submitter In an appeal under paragraph (c) or (a); and

(f) for an appeal to the P&E Court — the chief executive; and

(g) for an appeat to a triounal under another Act - any other
person who the registrar considers appropriate.

‘The service period is —

(a) ta submitter or advice agency stared the appeal in the P&E
Court - 2 business days after the appeal has started; or

(b) otherwise - 10 business days after the appeal Is started.

A notice of appeal given to 2 person who may elect to be a co-

respondent must state the effect of subsection (6).

A person elects to be 2 co-respondient by filing 2 notice of election,

In the approved form, within 10 business days after the notice of

appeal Is given to the person.

231 Other appeals

(1)

(2)

8)

(4)

Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Cour decides a decision or other matter under this
Act ls affected by jurisdictional error, the decision or matter Is non-

appealanle.
The Judicial Review Act 1901, part S applies to the decision or
Matter to the extent It is affected by Jurisdictional error.

A person who, Dut for subsection (1) coukd nave made an
application under the Judicial Review Act 1991 in retation to the
decision or matier, may apply under part 4 of mat Act for a
statement of reasons In relation to the decision or matter.

in this section —
decision inciudes-

(a) conduct engaged in for the purpase of making a decision; and
(b) other conduct that relates to the making of a decision: and
(c) the making of a decision or failure to make a decision; and
(0) 3 purported decision: and

(e) 3 deemed refusal.

non-appealable, for a decision or matter, means the decision or
matter-

(a) 15 final and conclusive; and

(D) may not be challenged, appealed against, reviewed, quashed,
set aside or called Into question In any other way under the
Judicial Review Act 1997 or otherwise, whether by the
Supreme Court, another court, a tripunal or another entity: and

(c) 5 not subject to any deciaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.

232 Rules of the P&E Court

(1)

(2)

A person who is appealing to the PSE Court must comply with the
rules of the court that apply to the appeal.

However, the P&E Court may near and decide an appeal even
the person has not compiled with the rules of the P&E Court

 

NOOSA COUNCIL — Fewantin QLD 4565

ABN: 97 969 214 121

P. (07) 5329 6500 [email protected]
F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 6