03.1 - Decision Notice s63

                                                                   ATTACHMENT 2

                                             APPEAL RIGHTS UNDER THE PLANNING ACT 2016

Chapter 6, Part 1, Section 229 Appeals to Tribunal or P & E Court

(1) Schedule 1 states-
        (a) matters that may be appealed to-
                (i) either a tribunal or the P&E Court; or
                (ii) only a tribunal; or
                (iii) only the P&E Court; and
        (b) the person-
                (i) who may appeal a matter (the appellant); and
                (ii) who is a respondent in an appeal of the matter; and
                (iii) who is a co-respondent in an appeal of the matter; and
                (iv) who may elect to be a co-respondent in an appeal of the matter.

(2) An appellant may start an appeal within the appeal period.

(3) The appeal period is-
      (a) for an appeal by a building advisory agency-10 business days after a 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) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises-20
           business days after a notice is published under section 269(3)(a) or (4); or
      (d) for an appeal against an infrastructure charges notice-20 business days after the infrastructure charges notice is given to the person; or
      (e) for an appeal about a deemed approval of a development application for which a 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 decision for the matter, including an enforcement notice, is given to the person.

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

(5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the
     appeal.


Schedule 1, Table 3 Appeals to a Tribunal only
1. Building advisory agency appeals. An appeal may be made against giving a development approval for building work to the extent the building work
    required code assessment against the building assessment provisions.

2. Inspection of building work. An appeal may be made against a decision of a building certifier or referral agency about the inspection of building work
     that is the subject of a building development approval under the Building Act.

3. Certain decisions under the Building Act and the Plumbing and Drainage Act
    An appeal may be made against-
    (a) a decision under the Building Act, other than a decision made by the Queensland Building and Construction Commission, if an information notice
         about the decision was given or required to be given under that Act; or
    (b) a decision under the Plumbing and Drainage Act, part 4 or 5, if an information notice about the decision was given or required to be given under
         that Act.

4. Local government failure to decide application under the Building Act
    An appeal may be made against a local government’s failure to decide an application under the Building Act within the period required under that
    Act.

Development Tribunals
If you are not happy with a decision made by your private certifier, you may be able to appeal to the Development Tribunal.

To appeal to the Development Tribunals you must:
     ·   submit a -Form 10Application for appeal or declaration
         http://www.hpw.qld.gov.au/aboutus/ReportsPublications/FormsTemplates/Pages/DevelopmentTribunalForms.aspx within the set
         timeframes
     ·   pay the fee http://www.hpw.qld.gov.au/construction/BuildingPlumbing/DisputeResolution/Pages/DisputeResolutionFees.aspx

Contact details for lodging appeals are provided below: -
Building and Development Dispute Resolution Committees
Queensland Department of Housing and Public Works
Postal address: GPO Box 2457, Brisbane Qld. 4001
Registrar Phone: 1800 804 833
Email: [email protected] mailto:[email protected]
Website:
http://www.hpw.qld.gov.au/construction/BuildingPlumbing/DisputeResolution/Pages/BuildingDevelopmentDisputeResolutionCommittees.aspx