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

                                        152006.862.02




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


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152006.862.02

 

SPD-0414-6764

(a) ifa decision notice or negotiated decision notice is given—the day the decision
notice or negotiated decision notice is given to the applicant; or
(b) otherwise—the day a decision notice was required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.

462 Appeals by submitters—general
(1) A submitter for a development application May appeal to the court only against—
(a) the part of the approval relating to the assessment manager's decision about any
part of the application requiring impact assessment under section 31 4; or
(b) the part of the approval relating to the assessment manager's decision under
section 327.
(2) To the extent an appeal may be made under subsection (1), the appeal may be
against 1 or more of the following—
(a) the giving of a development approval;
{b) any provision of the approval including—
(i) acondition of, or lack of condition for, the approval; or
(it) the length of a period mentioned in section 341 for the approval.
(3) However, a submitter may not appeal if the submitter—
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 339(1)(b\(ii).
(4) The appeal must be started within 20 business days (the submitter’s appeal period)
after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development
applications
(1) This section applies to a development application to which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the application may appeal to the court
about a referral agency's response made by a concurrence agency for the
applicatio: ec
(3) However, th itter may Only appeal against a referral agency's response to the
extent it relates to—
(a) development for an aquacultural ERA; or
(b) development that is—
{i) amaterial change of use of premises for aquaculture; or
(ii) operational work that is the removal, damage or destruction of a marine
plant.
{3) Despite section 462(1), the submitter may appeal against the following matters for the
application even if the matters relate to code assessment—
(a) adecision about a matter mentioned in section 462(2) if itis a decision of the
chief executive;
(b) a referral agency’s response mentioned in subsection (2).

  

464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its response for an application, told the
assessment manager to treat the response as a properly made submission.
(2) The advice agency may, within the limits of its jurisdiction, appeal to the court
about—
(a) any part of the approval relating to the assessment manager's decision about
any part of the application requiring impact assessment under section 314; or
(b) any part of the approval relating to the assessment manager's decision under
section 327.
(3) The appeal must be started within 20 business days after the day the decision notice
or negotiated decision notice is given to the advice agency as a submitter.
(4) However, if the advice agency has given the assessment manager a notice under
section 339(1)(b)(ii), the advice agency may not appeal the decision.

Department of State Development, Infrastructure and Planning Page 8 of 3

Page 27 of 36
Document Set ID: 19816636
Version: 1, Version Date: 02/11/2014