MCU14/0073 - Decision Notice - 1036841

                                                                                                                                  SDA-0914-014464




                                                                          Appeal Rights
                                                                          SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                          REGULATION 2009



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




                     Department of State Development, Infrastructure and Planning                                                    Page
Document Set ID: 19845988                                                                                                            13
Version: 1, Version Date: 22/12/2014