RFI - Ecological Assessment Report

                                                                                                       2008/176



                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
1
     Section 3.1.6 (Preliminary approval may override              or cancel a condition of a development approval.
    local planning instrument)
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