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24647 Seaview Tce Enviro Mgmt Plan
Attached to the e-mail MCU14/0084 Environmental Management Plan (71 Seaview Tce).
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OPW16/0021
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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Document Set ID: 20097969
Version: 1, Version Date: 12/07/2016 Print Date: 12 July 2016, 2:14 PM
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