_As Published -Change to Existing Approval & Extension to Relevant Period - 152006 862 02 - 1030538 · 152006.862.02

                                                                                                                         152006.862.02




                                                            Appeal Rights
                                                            SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                            REGULATION 2009



               The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

               465       Appeals about decisions relating to extensions for approvals
               (1)       For a development approval given for a development application, a person to whom a notice is given under
                         section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision
                         in the notice.
               (2)       The appeal must be started within 20 business days after the day the notice of the decision is given to the
                         person.
               (3)       Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of
                         the request.
               (4)       An appeal under subsection (3) may be started at any time after the last day the decision on the matter should
                         have been made.

               466       Appeals about decisions relating to permissible changes
               (1)       For a development approval given for a development application, the following persons may appeal to the court
                         against a decision on a request to make a permissible change to the approval—
                         (a)       if the responsible entity for making the change is the assessment manager for the application—
                                   (i)        the person who made the request; or
                                   (ii)       an entity that gave a notice under section 373 or a pre-request response notice about the
                                              request;
                         (b)       if the responsible entity for making the change is a concurrence agency for the application—the person
                                   who made the request.
               (2)       The appeal must be started within 20 business days after the day the person is given notice of the decision on
                         the request under section 376.
               (3)       Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of
                         the request.
               (4)       An appeal under subsection (3) may be started at any time after the last day the decision on the matter should
                         have been made.




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Document Set ID: 19816636
Version: 1, Version Date: 02/11/2014