SUPERSEDED Negotiated Decision Notice - 010.2010.00000627.001 [As Published] · 152010.627

                                                                                              2010/627



      (a) any part of the approval relating to the       467     Appeals about changing or cancelling
         assessment manager’s decision about any                 conditions imposed by assessment manager
         part of the application requiring impact                or concurrence agency
         assessment under section 314; or                (1)     A person to whom a notice under section
      (b) any part of the approval relating to the               378(9)(b) giving a decision to change or
         assessment manager’s decision under                     cancel a condition of a development approval
         section 327                                             has been given may appeal to the court
(3)   The appeal must be started within 20 business              against the decision in the notice.
      days after the day the decision notice or          (2)     The appeal must be started within 20 business
      negotiated decision notice is given to the                 days after the day the notice of the decision is
      advice agency as a submitter.                              given to the person.
(4)   However, if the advice agency has given the        For Building Works Only
      assessment manager a notice under section          532     Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                               (1)     If—
465   Appeals about decisions relating to                        (a) a person has been given, or is entitled to
      extensions for approvals                                       be given—
(1)   For a development approval given for a                          a.      an information notice under the
      development application, a person to whom a                             Building Act about a decision
      notice is given under section 389, other than a                         other than a decision under that
      notice for a decision under section 386(2),                             Act made by the Queensland
      may appeal to the court against the decision in                         Building Services Authority; or
      the notice.                                                     b.      an information notice under the
(2)   The appeal must be started within 20 business                           Plumbing and Drainage Act
      days after the day the notice of the decision is                        2002 about a decision under
      given to the person.                                                    part 4 or 5 of that Act; or
(3)   Also, a person who has made a request under                (b) a person—
      section 383 may appeal to the court against a                   a.       was an applicant for a building
      deemed refusal of the request                                            development approval; and r
(4)   An appeal under subsection (3) may be                           b.       is dissatisfied with a decision
      started at any time after the last day the                               under the Building Act by a
      decision on the matter should have been                                  building certifier or referral
      made.                                                                    agency about inspection of
                                                                               building work the subject of the
466   Appeals about decisions           relating   to
                                                                               approval; the person may
      permissible changes)
                                                                               appeal against the decision to a
(1)   For a development approval given for a                                   building     and    development
      development application, the following persons                           committee.
      may appeal to the court against a decision on
                                                         (2)     An appeal under subsection (1) must be
      a request to make a permissible change to the
                                                                 started within 20 business days after the day
      approval—
                                                                 the person is given notice of the decision.
      (a) if the responsible entity for making the       (3)     If—
         change is the assessment manager for the
         application—                                            (a) under the Building Act, a person makes
                                                                     an application other than a building
         (i)   the person who made the request; or
                                                                     development application to a local
         (ii)   an entity that gave a notice under                   government; and
                section 373 or a pre-request                     (b) the period required under that Act for the
                response notice about the request
                                                                     local     government      to  decide   the
      (b) if the responsible entity for making the                   application (the decision period) has
         change is a concurrence agency for the                      passed; and
         application—the person who made the                     (c) the local government has not decided the
         request..                                                   application; the person may appeal to a
(2)   The appeal must be started within 20 business                  building and development committee
      days after the day the person is given notice of               against the lack of the decision and for
      the decision on the request under section 376.                 the committee to decide the application
(3)   Also, a person who has made a request under                    as if it were the local government.
      section 369 may appeal to the court against a      (4)       An appeal under subsection (3) must be
      deemed refusal of the request.                     started within 20 business days after the end of the
(4)   An appeal under subsection (3) may be              decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.


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