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SPA Decision Notice - 010.2010.00000364.001 [As Published] · 142010.364

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                                              Officer:          Jack Lewis
                                              Direct Telephone: (07) 5449 5183
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2010/364
                                              Your Reference:

27 May 2010

Body Corporate - Las Rias
CARE Jetty Specialists
2 Industrial Avenue
CALOUNDRA QLD 4551


Dear Sir/Madam

                                      Decision Notice
                                  Sustainable Planning Act 2009

I refer to your application and advise that on 25 May 2010 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                   2010/364
    Street address:                   8 Quamby Place NOOSA HEADS
    Real property description:        LOT: 0 BUP: 8989
    Planning Scheme:                  The Noosa Plan

2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Operational Works - Prescribed Tidal Works - Pontoon
3        RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is two years starting the day that this development
approval takes effect. (Refer to Section 341 “When approval lapses if development not started” of the
Sustainable Planning Act 2009.)

4        ASSESSMENT MANAGER CONDITIONS

1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are listed in the following table and as
         may be amended by these conditions.

          Plan / Document No.     Rev.    Plan / Document Name                         Date
          JSP-SJ-22930            B       Site Plan, Layout & Water Allocation –       11 January 2010
                                          The Jetty Specialist
          JSP-SJ-22931            B       Elevation & Water Allocation – The           11 January 2010
                                          Jetty Specialist

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2.    All structures associated with the pontoon must be constructed wholly within a Resource
      Entitlement Area approved by the Department of Environment and Resource Management.
3.    Structures shall be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall or rock wall.
4.    A rigid handrail shall be fitted on at least one side of the walkway.
5.    No posts or vertical supports of the proposed walkway are to extend vertically from the structure
      unless they provide support for the handrail.
6.    No boatlifting devices are to be attached or moored at the pontoon or walkway structure for the
      purpose of elevating a vessel above the water without Council approval.
7.    The walkway shall be constructed in a manner to render the underside area vermin proof.
8.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
9.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10.   The walkway and pontoon are to be used for private purposes only, with no commercial
      operations to be undertaken.
11.   Boat repair activities shall not be permitted on site.
12.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13.   The mooring facility shall not be utilised for live-aboard purposes.
14.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
15.   The approval does not constitute a ruling on structural safety and the applicant must make
      their own arrangements to ensure adequacy of design and work. Also, any approval granted
      does not warrant that such plans and specifications have been checked in detail, nor does it
      absolve the owner of the land from complying with all the conditions of this approval and/or
      Council regulations in the execution and/or performance of the works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
16.   Certification by a Registered Professional Engineer of Queensland shall be submitted to
      Council prior to the return of any bond monies held by Council. The certification shall state that
      the pontoon and walkway have been constructed in accordance with best practice methods,
      are in accordance with Coastal Protection and Management Act 1995, are structurally sound
      and will have no detrimental affect on the existing revetment walls.
17.   A final inspection and approval of the structure by Council’s Inspector is also required, prior to
      the return of any bond monies held by Council. Please contact Council’s Planning Assessment
      Section to arrange the inspection.
18.   The pontoon and walkway shall be licensed with the Council upon completion of the structural
      work, and shall be licensed annually thereafter.
19.   The Development Permit for Operational Works (Prescribed Tidal Works) lapses if the works
      have not been completed by 25 May 2012, unless an application to extend the relevant period
      is approved by Council.




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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger               Referral Status      Referral Agency             Referral Address

 Operational work – Tidal       Concurrence          Department of               Ecoaccess Customer
 works, or development in                            Environment and             Service Unit
 a coastal management                                Resource Management         PO Box 15155
 district                                                                        CITY EAST QLD 4002

 Operational Works - Tidal      Concurrence          Maritime Safety             MacArthur Avenue East
 works                                               Queensland                  PINKENBA QLD 4008

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:

 Plan / Document No.        Rev.     Plan / Document Name                              Date
 JSP-SJ-22930               B        Site Plan, Layout & Water Allocation – The        11 January 2010
                                     Jetty Specialist
 JSP-SJ-22931               B        Elevation & Water Allocation – The Jetty          11 January 2010
                                     Specialist

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required, a Change to an Existing
   Approval Application under the Sustainable Planning Act 2009 must be made. Amended plans
   clearly indicating the changes must be lodged with this application along with the appropriate
   fees.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

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10     FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.

11     SELF ASSESSABLE CODES

Not applicable.
12     SUBMISSIONS

Not applicable.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

14     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully,




Denis Wallace
Senior Development Planner

Enc:    Approved Plans/Documents
        Referral Agency Responses
        Appeal Rights



c.c     Department of Environment and Resource Management
        Ecoaccess Customer Service Unit
        PO Box 15155
        CITY EAST QLD 4002

        Maritime Safety Queensland
        MacArthur Avenue East
        PINKENBA QLD 4008




                                                                                  Page 4 of 16

Page 5

Referral Agency Conditions
SUNSTAINABLE PLANNING ACT   2009   &   SUSTAINABLE
PLANNING REGULATION 2009




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Notice
Concurrence Agency Response

2. The Chief Executive, Department of Environment and Resource Management (DERM) concurrence
agency response jurisdiction for the aspect of development involved with the application the subject
of this Notice is to tell the assessment manager as follows.

(a) Conditions must attach to any development approval, and those conditions are attached to this
Notice.

3. The Chief Executive, Department of Environment and Resource Management (DERM) advice
agency response for the advice agency referral jurisdiction for the aspect of development involved
with the application the subject of this Notice is to recommend to the assessment manager as

 

 

 

 

 

 

 

 

follows.
4. Approved plans / Specifications
- Plan/Document No. Plan/Document Name Date
JSP-SJ-22930 SITE PLAN, LAYOUT & WATER ALLOCATION Issue f cated
JSP-SJ-22931 ELEVATION & WATER ALLOCATION Issue B dated
5. General advice to assessment manager

Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice issued
by the assessment manager must be forwarded to DERM as a referral agency for the relevant application at
Sunshine Coast Office, PO Box 165, Cotton Tree QLD 4558 and an electronic copy to

[email protected],

The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rests with the assessment Manager. Therefore, DERM as a referral agency for the
relevant application has not provided notification to native title parties.

6. Additional comments or advice about the application

It is retevant to note that some of the areas within the application area fall within either a Marine Park and/or
Fish Habitat areas. Operational works to be conducted within these areas will require further approvals and
referrals as necessary.

7. Additional information for applicants

Environmentally relevant activities

The description of any environmentally relevant activity (ERA) for which a development approval is issued is
a restatement of the ERA as defined by legislation at the time the approval is issued. Where there is any
inconsistency between that description of an ERA and the conditions stated by a development approval as
to the scale, intensity or manner of carrying out an ERA, then the conditions prevail to the extent of the
inconsistency. .

A development permit authorising the carrying out of an ERA and does not authorise any environmental
harm unless a condition stated by the permit specifically authorises environmental harm.

A person carrying out an ERA must hold a registration certificate issued under the Environmental Protection
Act 1994, or must be acting under a registration certificate, for the ERA.

Contaminated land

Itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes
aware a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act

 

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Notice
- Concurrence Agency Response

1994) is being carried out on the land, or that the land has been, or is being, contaminated by a hazardous
contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written
notice to the Department of Environment and Resource Management.

Aboriginal Cultural Heritage Act 2003

DERM also takes this opportunity to-advise the Assessment Manager of the responsibilities of applicants
under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to include this
information as an Advisory Note on the Decision Notice issued for the application.

Under section 23 of the Aboriginal Cultural Heritage Act-2003 a person who carries out an activity must take
all reasonable and practicable measures to ensure-the activity does not harm Aboriginal cultural heritage
(the “cultural heritage duty of care"): Maximum penalties for breaching the duty of care are $750,000 for a
corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines-gazetted-under the Aboriginal Cultural Heritage Act
2003; available on the DERM website, or in accordance with an agreement with the Aboriginal party for the
area-or a-cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act
2003. :

Applicants are also.encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the
Aboriginal Cultural Heritage Register, administered by the. Cultural Heritage Coordination Unit, DERM.
Application forms to undertake a'free search of the Cultural Heritage Register and the Database may be
obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the DERM website

www.DERM. qid.gov.au/cultural heritage

Delegate Enquiries:

Ben Sale Jessica Johnson .

Delegate, Chief Executive administering the Coastal Department of Environment and Resource
Protection arid Management Act Management oo
Department of Environment and Resource Management Sunshine Coast Office, PO Box 165, Cotton Tree
10 May-2010 QLD 4558 .

Phone: 07 5459 6141
Fax: 07 5443 9927

Email: [email protected]

Attachment:

Approved Plans
- Enclosed:

DERM Permit Number SPCC0317910

 

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Notice

Concurrence Agency Response

 

Attachment — Approved Plans

 

 

 

 

 

\ ie

 

 

 

c COMMON PROPERTY
BUP 8989

Noosa River

_ eS a
™

—

LOT 283
SP N218.55

™

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we is

 

SITE PLAN &
WATER ALLOCATION

Note:
Existing structures shown
in oppresimate position only.

SCALE 1:500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

:
INSITU PILES : i
Va v=
Baste PRES 10 BE . ING 7.5m HINGED
or Led oS Sener
me eenassen | | .
HEADSTOCK NEW ALUMINIUM WALKWAY
# ESTING ANGE Poa
‘BasTING
AGHANIUS
aLoNay
CENTREUNE OF EXISTING
CONCRETE PATH
a
: a
LOT 283
SP NZ18.55

 

 

 

 

 

 

Management

Department of Environment and R

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Notice

. Concurrence Agency Response

 

DESTING FIXED CATWALK.

 

 

HANDRAIL CORNERS TO MATCH EXISTING

‘NEW FIXED CATWALT
—--—

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

\ CONNECT NEW CATWALK
‘TO ‘EXISTING HINGE GRACKETS

 

5
3150 46 km RC INST a ae .

PILE WITH ALUMINIUM HEADSTOCK

 

STANDARD PUNO HINGE CONNECTION
APPROK. Rt 1,80m

BASTING 7.5m CATHALK

TOP OF PILE RL 3.0m

I>

 

 

 

    

 

 

 

cou

AON CHESS 2 FOUSTN. AE
«/ AUSTRIA 4361

Fax

 

 

 

 

 

 

fo TO.A HARD PROTY: eMTMOLIT THE, RRETTIDE PRRURSSON OF THE JETTY SPEOWUST

 

Department of Environment and Resource Management

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Department of Environment
and Resource Management

Sustainable Planning Act 2009

DERM Permit ‘ number: | SPCC00317910

 

Date application received:
Permit type:

Date of decision:
Decision: 7

Relevant laws and policies:

Jurisdiction(s):

Assessment manager reference (if any):

2010/364

31-March 2010

Concurrence agency response
10 May 2010

For a concurrence agency response

conditions that must attach to any development approval
Coastal Protection and Management Act 1995 and any
subordinate legistation.

Operational work - Tidal works, or development in a coastal-
management district .

Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
13

 

Development Description(s)

 

Property/Location

Development

 

Within the Noosa River, attached to Lot 0
on BUP8989; otherwise known as 8
Quamby Place, NOOSA HEADS; QLD,
4567.

 

 

Prescribed tidal works: being for the removal of two piles and
relocation of the 8.5 m by 3m pontoon and 7.5 m catwalk requiring
three insitu piles and an additional 4.2 m catwalk extension.

 

GQ

Delegate
Ben Sale

Delegate, Delegate, Chief Executive administering the Coastal

Protection and Management Act 1995

Department of Environment and Resource Management

10 May 2010 -

u Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Resource Management. .

 

Page 1 of 3- 091217

Department of Environment and Resource Management

www.derm.qid.gov.au ‘ABN 46 640 294 485

Q queensiand Government

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Y

DERM Permit number: SPCC00199010

CONDITIONS

Agency Interest:-Coastal
1 All works are to be constructed in accordance with the attached approved drawings and specifications

listed in the approved plans section in the notice attached to this permit.

2 Access must be designed and constructed in compliance with Australian Standards.
3 All materials and works must comply with Australian Standards.
4 "The chief executive administering the Coastal Protection and Management Act 1995 may order the

works to be removed or modified, within a reasonable time, if the works have or are likely to have a
significant effect on coastal management because the works: .

(a) create a navigation hazard or other danger to the public; or
(b) cause erosion or land degradation; or
(c) are unstable or have not been constructed according to the approved plans.”

5 Any erosion or loss of sand surrounding the works that occurs because of changes caused by the
works must be rectified.

6 The development must not result in a change in water chemistry that will impact on ecological values
on or off site.

7 Contaminants must not be released from the site to any waters or the bed and banks of any waters

{including groundwater unless otherwise authorised).

Agency Interest: Water

8 There is to be no visible sediment plume greater than 30 metres from the proposed structure. If a
visible plume exists 30 metres from the proposed structure, works must immediately cease and a
sediment curtain must be positioned around the plume until it has settled and is no longer visible.

 

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7 DERM Permit number: SPCC00199010

DEFINITIONS

Words and phrases used throughout this permit! are defined below. Where a definition for a term used in this
permit’ is sought and the term is not defined within this permit’ the definitions provided in the relevant legislation
shall be used.

“administering authority” means the Department of Environment and Resource Management or its
successor.

“approval” means ‘notice of development application decision’ or ‘notice of concurrence agency response’
under the Sustainable Planning Act 2009.

“land” in the "land schedule" of this document means land excluding waters and the atmosphere.
‘point of works’ the area that has been disturbed by the operational works.

“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development.approval. -

“waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the
sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-
thereof.

“works” or “operation” means the development approved under this development approval.

“you" means the holder of this development approval or owner / occupier of the land which is the subject of
this development approval.

END OF CONDITIONS

 

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YW) Queensland
Government

 

 

21 January 2010 Maritime Safety
Queensland

ach land Ti
The Jetty Specialist ao

2 Industrial Avenue
Caloundra Qld 4551

Dear Sir

Operational Work, Prescribed Tidal Works — Request for comments
Proposed Catwalk Extension to the Existing Pontoon System, Body Corporate for Las Rias CTS
613 Common Property, 8 Quamby Place, Noosa Heads (Lot 283 RP144250).

Thank you for your letter of 15 January 2010 about your proposal to construct pontoon at the Jocation
mentioned above.

As a concurrence agency, Maritime Safety Queensland has no objection to the proposal provided the
following navigation and marine safety conditions are complied with.

1. The contractor must build the pontoon according to The Jetty Specialist, drawing number JSP-SJ-
22930, Issue “B” and JSP-SJ-22931 Issue “B”, attached to your letter dated 15 January 2010.

2. No part of the structure or any ship berthed at this structure is to come closer than 1.Smetres from
the side boundaries of the allocated water space as shown on the submitted water allocation plan.

3. The pontoon and all freestanding piles must be lit and clearly visible to approaching vessels. The
contractor must position all lighting so it does not cause a risk to the safe navigation of other
vessels.

4. The applicant or his agent is responsible for the removal of any existing structure above or below
the waterline, and must contain and remove any debris. Any pile that needs to be removed must
be totally extracted.

5. The ship moored at this pontoon must follow the most direct course from this structure to open
waters and a similar direct course when returning to this pontoon.
Maritime Safety Queenstand Qurref —740/01702(1) P40691 E35675 F1
Marine Operations (Brisbane) Your ref
MacArthur Avenue East Enquiries James O'Connor
Pinkenba Queensland 4008 Telephone +61 7 3860 3504
Facsimile +617 3860 3571
ABN 13 200 330 620 Website — www.msq.qid.gov.au
Email [email protected]

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6. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on channel
depths and draft restrictions.

7. Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.

8. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.

9. Any ship moored at this pontoon must not impede the safe navigation of other ships or restrict
safe access to or from neighbouring structures.

10. This structure will be outside the existing quayline due to the sand build up in the area.

11. Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the
pontoon must not exceed the following sizes:

Wet Berth Dry Berth
Length Overall - 11 metres N/A
Beam - 4.3 metres

12. The contractor must construct the pontoon within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.

Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.

The above conditions must be included in your application to the assessment manager.

This agency will also forward a copy of this letter to the Assessment Manager.

Yours sincerely

Captain Richard C Johnson
Regional Harbour Master (Brisbane)

Maritime Safety Queensland Page 2 of 2

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                                                  Appeal Rights
                                                 SUNSTAINABLE 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
        may appeal to the court against any of the               business days (the submitter’s appeal
        following-                                               period) after the decision notice or
        (a) the refusal, or the refusal in part, of a            negotiated decision notice is given to the
           development application;                              submitter.
        (b) any condition of a development approval,      463   Additional and extended appeal rights for
           another matter stated in a development               submitters for particular development
           approval and the identification or inclusion         applications
           of a code under section 242                    (1)    This section applies to a development
        (c) the  decision to give a preliminary                  application to which chapter 9, part 7
           approval when a development permit was                applies.
           applied for;                                   (2)    A submitter of a properly made submission
        (d) the length of a period mentioned in                  for the application may appeal to the court
           section 341;;                                         about a referral agency’s response made by
        (e) a deemed refusal of the development                  a prescribed concurrence agency for the
           application.                                          application.
                                                          (3)    However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                 against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                 extent it relates to—
        (the applicant’s appeal period) after—
        (a) if a decision notice or negotiated decision          (a) if the prescribed concurrence agency is
            notice is given—the day the decision                     the chief executive (environment)—
            notice or negotiated decision notice is                  development for an aquacultural ERA; or
            given to the applicant; or                           (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                  the    chief   executive      (fisheries)—
            required to be given to the applicant.                   development that is—
(3)     An appeal under subsection (1)(e) may be                     (i)  a material change of use of
        started at any time after the last day a                          premises for aquaculture; or
        decision on the matter should have been                      (ii) operational work that is the removal,
        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
                                                                 appeal against the following matters for the
        may 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
                                                                 (a) a decision about a matter mentioned in
           any part of the application requiring
                                                                     section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                     chief executive (fisheries);
        (b) the part of the approval relating to the
                                                                 (b) 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       (1)    Subsection (2) applies if an advice agency, in
        or more of the following—                                its response for an application, told the
                                                                 assessment manager to treat the response
        (a) the giving of a development approval;                as 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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      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact 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                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is 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                     (i)       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                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       (ii)      an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    (i)       was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 (ii)      is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions         relating   to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for
                                                      (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)   the person who made the request;
                                                                  an application other than a building
               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
          request..                                               the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development
      business days after the day the person is                   committee against the lack of the
      given notice of the decision on the request                 decision and for the committee to decide
      under section 376.                                          the application as if it were the local
(3)   Also, a person who has made a request                       government.
      under section 369 may appeal to the court       (4)    An appeal under subsection (3) must be
      against a deemed refusal of the request.               started within 20 business days after the end
(4)   An appeal under subsection (3) may be                  of the decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.

                                                                                   Page 16 of 16

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