SUPERSEDED Negotiated Decision Notice - 010.2010.00000627.001 [As Published] · 152010.627

                                                                                                        2010/627




                                                      Appeal Rights
                                                      SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                      REGULATION 2009




The following is an extract from the Sustainable                           (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6).                                                  section 341 for the approval.
                                                               (3)     However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                                submitter—
LOT & OPERATIONAL WORKS
                                                                       (a) withdraws the submission before the
Division 8 - Appeals         to   court    relating    to                  application is decided; or
development applications
                                                                       (b) has given the assessment manager a
461     Appeals by applicants                                              notice under section 339(1)(b)(ii).
(1)     An applicant for a development application             (4)     The appeal must be started within 20 business
        may appeal to the court against any of the                     days (the submitter’s appeal period) after
        following-                                                     the decision notice or negotiated decision
        (a) the refusal, or the refusal in part, of a                  notice is given to the submitter.
           development application;                            463   Additional and extended appeal rights for
        (b) any condition of a development approval,                 submitters for particular development
           another matter stated in a development                    applications
           approval and the identification or inclusion        (1)     This section applies to a development
           of a code under section 242                                 application to which chapter 9, part 7
        (c) the decision to give a preliminary approval                applies.
           when a development permit was applied               (2)     A submitter of a properly made submission for
           for;                                                        the application may appeal to the court about
        (d) the length of a period mentioned in section                a referral agency’s response made by a
           341;;                                                       prescribed concurrence agency for the
        (e) a deemed refusal of the development                        application.
           application.                                        (3)     However, the submitter may only appeal
                                                                       against a referral agency’s response to the
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                       extent it relates to—
        (d) must be started within 20 business days
        (the applicant’s appeal period) after—                         (a) if the prescribed concurrence agency is the
        (a) if a decision notice or negotiated decision                    chief    executive       (environment)—
            notice is given—the day the decision                           development for an aquacultural ERA; or
            notice or negotiated decision notice is                    (b) if the prescribed concurrence agency is the
            given to the applicant; or                                     chief executive (fisheries)—development
        (b) otherwise—the day a decision notice was                        that is—
            required to be given to the applicant.                         (i)    a material change of use of premises
(3)     An appeal under subsection (1)(e) may be                                  for aquaculture; or
        started at any time after the last day a decision                  (ii) operational work that is the removal,
        on the matter should have been made.                                      damage or destruction of a marine
                                                                                  plant
462     Appeals by submitters - general
                                                               (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application may
                                                                       appeal against the following matters for the
        appeal to the court only against-
                                                                       application even if the matters relate to code
        (a) the part of the approval relating to the                   assessment—
           assessment manager’s decision about any                    8  a decision about a matter mentioned in
           part of the application requiring impact                      section 462(2) if it is a decision of the chief
           assessment under section 314; or                              executive (fisheries);
        (b) the part of the approval relating to the                  9  a referral agency’s response mentioned in
           assessment manager’s decision under                           subsection (2).
           section 327.
                                                               464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1 or         (1)     Subsection (2) applies if an advice agency, in
        more of the following—                                         its response for an application, told the
                                                                       assessment manager to treat the response as
        (a) the giving of a development approval;                      a properly made submission.
        (b) any provision of the approval including—           (2)     The advice agency may, within the limits of its
           (i)     a condition of, or lack of condition                jurisdiction, appeal to the court about—
                   for, the approval; or


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