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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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SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (b) has given the assessment manager a notice
Act 2009 (Chapter 7). under section 339(1)(b)(ii).
(4) The appeal must be started within 20 business days
MATERIAL CHANGE OF USE, RECONFIGURING A (the submitter’s appeal period) after the decision
LOT & OPERATIONAL WORKS notice or negotiated decision notice is given to the
submitter.
Division 8 Appeals to court relating to
development applications and 463 Additional and extended appeal rights for
approvals submitters for particular development
applications
461 Appeals by applicants (1) This section applies to a development application to
(1) An applicant for a development application may which chapter 9, part 7 applies.
appeal to the court against any of the following— (2) A submitter of a properly made submission for the
(a) the refusal, or the refusal in part, of the application may appeal to the court about a referral
development application; agency’s response made by a prescribed
(b) any condition of a development approval, concurrence agency for the application.
another matter stated in a development (3) However, the submitter may only appeal against a
approval and the identification or inclusion of referral agency’s response to the extent it relates
a code under section 242; to—
(c) the decision to give a preliminary approval (a) if the prescribed concurrence agency is the
when a development permit was applied for; chief executive (environment)—development for
(d) the length of a period mentioned in section an aquacultural ERA; or
341; (b) if the prescribed concurrence agency is the
(e) a deemed refusal of the development chief executive (fisheries)—development that
application. is—
(2) An appeal under subsection (1)(a), (b), (c) or (d) (i) a material change of use of premises for
must be started within 20 business days (the aquaculture; or
applicant’s appeal period) after— (ii) operational work that is the removal,
(a) if a decision notice or negotiated decision damage or destruction of a marine plant.
notice is given—the day the decision notice (4) Despite section 462(1), the submitter may appeal
or negotiated decision notice is given to the against the following matters for the application even
applicant; or if the matters relate to code assessment—
(b) otherwise—the day a decision notice was (a) a decision about a matter mentioned in section
required to be given to the applicant. 462(2) if it is a decision of the chief executive
(3) An appeal under subsection (1)(e) may be started (fisheries);
at any time after the last day a decision on the (b) a referral agency’s response mentioned in
matter should have been made. subsection (2).
462 Appeals by submitters—general 464 Appeals by advice agency submitters
(1) A submitter for a development application may (1) Subsection (2) applies if an advice agency, in its
appeal to the court only against— response for an application, told the assessment
(a) the part of the approval relating to the manager to treat the response as a properly made
assessment manager’s decision about any submission.
part of the application requiring impact (2) The advice agency may, within the limits of its
assessment under section 314; or jurisdiction, appeal to the court about—
(b) the part of the approval relating to the (a) any part of the approval relating to the
assessment manager’s decision under assessment manager’s decision about any part
section 327. of the application requiring impact assessment
(2) To the extent an appeal may be made under under section 314; or
subsection (1), the appeal may be against 1 or (b) any part of the approval relating to the
more of the following— assessment manager’s decision under section
(a) the giving of a development approval; 327.
(b) any provision of the approval including— (3) The appeal must be started within 20 business days
(i) a condition of, or lack of condition for, after the day the decision notice or negotiated
the approval; or decision notice is given to the advice agency as a
(ii) the length of a period mentioned in submitter.
section 341 for the approval. (4) However, if the advice agency has given the
(3) However, a submitter may not appeal if the assessment manager a notice under section
submitter— 339(1)(b)(ii), the advice agency may not appeal the
(a) withdraws the submission before the decision.
application is decided; or
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Document Set ID: 19879056
Version: 1, Version Date: 16/03/2015 Print Date: 16 March 2015, 2:32 PM
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