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2016008949 DECISION NOTICE - Signed
Attached to the e-mail Operational Works Application OPW16/0338.
(c) the appeal is dismissed.
(2) However, subsection (1) does not apply if the compliance notice is about—
(a) a work, if the water connection compliance notice states the entity believes the work is
a danger to persons or a risk to public health; or
(b) stopping the demolition of a work; or
(c) clearing vegetation on freehold land; or
(d) the removal of quarry material allocated under the Water Act 2000; or
(e) extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d), from
Queensland waters; or
(f) works the assessing authority reasonably believes is causing erosion or sedimentation;
or
(g) works the assessing authority reasonably believes is causing an environmental
nuisance; or
(h) action required to stop damage or further damage to the distributor-retailer’s water
infrastructure.
99BRBT Respondent for appeals
The distributor-retailer is the respondent for the appeal and may be heard in the appeal as
a party to the appeal.
99BRBU Who must prove case for appeals
In an appeal by the applicant under this division, it is for the applicant to establish that the
appeal should be upheld.
99BRBV Lodging appeal stops particular actions
(1) If an appeal, other than an appeal under section 99BRBP, is started under this
division, any work under a water approval must not be started until the appeal is decided
or withdrawn.
(2) Despite subsection (1), if the Planning and Environment Court is satisfied the outcome
of the appeal would not be affected if the work is started before the appeal is decided, the
court may allow the work to start before the appeal is decided.
99BRBW Appeals may be combined with appeals under the Planning Act
(1) This section applies if—
(a) an appeal is started under this division; and
(b) an appeal is started under the Planning Act for a development application which
relates to land the subject of the application of a water approval.
(2) The appeal under this division may be combined and heard with the appeal under the
Planning Act.
FOR MORE INFORMATION OR THE LATEST VERSION PLEASE REFER TO:
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SouthEQWDisA09.pdf
Page 16 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
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