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N70-T63-s376 Change decision notice responsible entity
Attached to the e-mail MCU12/0041 DAFF amended response to applicant's change request (Removal of condition 20).
SARA reference: SPD-0215-015204 23 March 2015 D and M Knowles PO Box 662 COOROY QLD 4563 Dear Mr Darren Knowles Notice of decision—changed approval (responsible entity) 429 Kennedys Road, Pomona, Noosa Shire Council (Lot 7 MCH793) (Given under section 376 of the Sustainable Planning Act 2009) The Department of State Development, Infrastructure and Planning received representations under section 369 of the Sustainable Planning Act 2009 on 6 February 2015 for the original decision described below. Applicant details Applicant name: D and M Knowles Site details Real property description: 7 MCH793 Local government area: Noosa Shire Council Application details Proposed development: Development Permit for Environmentally relevant activity Original decision Date of original decision: 17 October 2013 Original decision details: Approved subject to conditions Page1 1 SEQ North Region Level 8, Mike Ahern Building 12 First Avenue PO Box 1129 Maroochydore QLD 4558
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SPD-0215-015204
A changed decision notice for this request is attached.
Copies of the following documents are also attached:
relevant appeal provisions in the Act
any plans and specifications approved in relation to the decision notice.
For further information, please contact Tracey Smith, Senior Planning Officer, on
3882 8409, or email [email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
enc: Changed decision notice
Attachment 1—Changed Concurrence agency conditions
Attachment 2—SPA appeal provisions
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SARA reference: SPD-0215-015204
Changed decision notice
(Given under section 376 of the Sustainable Planning Act 2009)
Applicant details
Applicant name: D and M Knowles
Applicant contact details: PO Box 662
COOROY QLD 4563
Application details
Date of request for change: 6 February 2015
Site details
Street address: 429 Kennedys Road, Pomona, Noosa Shire Council
Real property description: Lot 7 MCH793
Nature of the changes
The nature of the changes agreed to remove condition 20 of the aquaculture permit
relating to Mary River Cod.
Original decision
Date of original decision: 17 October 2013
Original decision details: Approved subject to conditions
Changed decision
Date of changed decision: 23 March 2015
Changed decision details: Approved subject to conditions
Conditions
This approval is subject to:
the changed concurrence agency conditions in Attachment 1
The department has, for particular conditions of this approval, nominated an entity to be
the assessing authority for that condition under section 255D(3) of the Sustainable
Planning Act 2009.
Rights of appeal
The rights of applicants to appeal to the Planning and Environment Court against
decisions about a development application are set out in chapter 7, part 1, division 8 of
Department of State Development, Infrastructure and Planning Page 3
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SPD-0215-015204 the Sustainable Planning Act 2009. For particular applications, there may also be a right to appeal to the Building and Development Dispute Resolution Committee (see chapter 7, part 2 of the Act). Copies of the relevant appeal provisions are attached. Department of State Development, Infrastructure and Planning Page 4
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SARA reference: SPD-0215-015204
Attachment 1—Changed concurrence agency conditions
No. Conditions of development approval
Material change of use
ERA Aquaculture (operational works associated with aquaculture)—Pursuant to section 255D of
the Sustainable Planning Act 2009, the chief executive administering the Act nominates the
Director-General of the Department of Agriculture, Fisheries and Forestry to be the assessing
authority for the development to which this development approval relates for the administration and
enforcement of any matter relating to the following condition(s):
1. Condition 20
Mary River Cod must not be sold traded or given away for stocking of Queensland waters
(as defined in the Acts Interpretation Act 1954). They may however be sold to the
aquarium trade or for direct consumption.
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Attachment 2—SPA Appeal Provisions
Sustainable Planning Act 2009—Representation and appeal
provisions
The following relevant appeal provisions are provided in accordance with s336(a) of the
Sustainable Planning Act 2009.
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
Division 1 Changing decision notices and approvals during applicant’s appeal period
360 Application of div 1
This division applies only during the applicant’s appeal period.
361 Applicant may make representations about decision
(1) The applicant may make written representations to the assessment manager about—
(a) a matter stated in the decision notice, other than a refusal or a matter about
which a concurrence agency told the assessment manager under section 287(1)
or (5); or
(b) the standard conditions applying to a deemed approval.
(2) However, the applicant can not make representations under subsection (1)(a) about a
condition attached to an approval under the direction of the Minister.
362 Assessment manager to consider representations
The assessment manager must consider any representations made to the
assessment manager under section 361.
363 Decision about representations
(1) If the assessment manager agrees with any of the representations about a decision
notice or a deemed approval, the assessment manager must give a new decision
notice (the negotiated decision notice) to—
(a) the applicant; and
(b) each principal submitter; and
(c) each referral agency; and
(d) if the assessment manager is not the local government and the development is
in a local government area—the local government.
(2) Before the assessment manager agrees to a change under this section, the
assessment manager must consider the matters the assessment manager was
required to consider in assessing the application, to the extent the matters are
relevant.
(3) Only 1 negotiated decision notice may be given.
(4) The negotiated decision notice—
(a) must be given within 5 business days after the day the assessment manager
agrees with the representations; and
(b) must comply with section 335; and
(c) must state the nature of the changes; and
(d) replaces—
(i) the decision notice previously given; or
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(ii)
if a decision notice was not previously given and the negotiated decision
notice relates to a deemed approval—the standard conditions applying to
the deemed approval.
(5) If the assessment manager does not agree with any of the representations, the
assessment manager must, within 5 business days after the day the assessment
manager decides not to agree with any of the representations, give written notice to
the applicant stating the decision about the representations.
364 Giving new notice about charges for infrastructure
(1) This section applies if the development approved by the negotiated decision notice is
different from the development approved in the decision notice or deemed approval in
a way that affects the amount of an infrastructure charge, regulated infrastructure
charge or adopted infrastructure charge.
(2) The local government may give the applicant a new infrastructure charges notice
under section 633, regulated infrastructure charges notice under section 643 or
adopted infrastructure charges notice under section 648F to replace the original
notice.
366 Applicant may suspend applicant’s appeal period
(1) If the applicant needs more time to make the representations, the applicant may, by
written notice given to the assessment manager, suspend the applicant’s appeal
period.
(2) The applicant may act under subsection (1) only once.
(3) If the representations are not made within 20 business days after the day written
notice was given to the assessment manager, the balance of the applicant’s appeal
period restarts.
(4) If the representations are made within 20 business days after the day written notice
was given to the assessment manager—
(a) if the applicant gives the assessment manager a notice withdrawing the notice
under subsection (1)—the balance of the applicant’s appeal period restarts the
day after the assessment manager receives the notice of withdrawal; or
(b) if the assessment manager gives the applicant a notice under section 363(5)—
the balance of the applicant’s appeal period restarts the day after the applicant
receives the notice; or
(c) if the assessment manager gives the applicant a negotiated decision notice—the
applicant’s appeal.
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
Division 8 Appeals to court relating to development applications and approvals
461 Appeals by applicants
(1) An applicant for a development application may appeal to the court against any of the
following—
(a) the refusal, or the refusal in part, of the development application;
(b) any condition of a development approval, another matter stated in a
development approval and the identification or inclusion of a code under section
242;
(c) the decision to give a preliminary approval when a development permit was
applied for;
(d) the length of a period mentioned in section 341;
(e) a deemed refusal of the development application.
(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business
days (the applicant’s appeal period) after—
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(a) if a decision notice or negotiated decision notice is given—the day the decision
notice or negotiated decision notice is given to the applicant; or
(b) otherwise—the day a decision notice was required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.
462 Appeals by submitters—general
(1) A submitter for a development application may appeal to the court only against—
(a) the part of the approval relating to the assessment manager’s decision about any
part of the application requiring impact assessment under section 314; or
(b) the part of the approval relating to the assessment manager’s decision under
section 327.
(2) To the extent an appeal may be made under subsection (1), the appeal may be
against 1 or more of the following—
(a) the giving of a development approval;
(b) any provision of the approval including—
(i) a condition of, or lack of condition for, the approval; or
(ii) the length of a period mentioned in section 341 for the approval.
(3) However, a submitter may not appeal if the submitter—
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 339(1)(b)(ii).
(4) The appeal must be started within 20 business days (the submitter’s appeal period)
after the decision notice or negotiated decision notice is given to the submitter.
463 Additional and extended appeal rights for submitters for particular development
applications
(1) This section applies to a development application to which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the application may appeal to the court
about a referral agency’s response made by a concurrence agency for the
application.
(3) However, the submitter may only appeal against a referral agency’s response to the
extent it relates to—
(a) development for an aquacultural ERA; or
(b) development that is—
(i) a material change of use of premises for aquaculture; or
(ii) operational work that is the removal, damage or destruction of a marine
plant.
(3) Despite section 462(1), the submitter may appeal against the following matters for the
application even if the matters relate to code assessment—
(a) a decision about a matter mentioned in section 462(2) if it is a decision of the
chief executive;
(b) a referral agency’s response mentioned in subsection (2).
464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its response for an application, told the
assessment manager to treat the response as a properly made submission.
(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) any part of the approval relating to the assessment manager’s decision about
any part of the application requiring impact assessment under section 314; or
(b) any part of the approval relating to the assessment manager’s decision under
section 327.
(3) The appeal must be started within 20 business days after the day the decision notice
or negotiated decision notice is given to the advice agency as a submitter.
(4) However, if the advice agency has given the assessment manager a notice under
section 339(1)(b)(ii), the advice agency may not appeal the decision.
465 Appeals about decisions relating to extensions for approvals
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(1) For a development approval given for a development application, a person to whom a
notice is given under section 389, other than a notice for a decision under section
386(2), may appeal to the court against the decision in the notice.
(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.
(3) Also, a person who has made a request under section 383 may appeal to the court
against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started at any time after the last day the
decision on the matter should have been made.
466 Appeals about decisions relating to permissible changes
(1) For a development approval given for a development application, the following
persons may appeal to the court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is the assessment manager for
the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section 373 or a pre-request response
notice about the request;
(b) if the responsible entity for making the change is a concurrence agency for the
application—the person who made the request.
(2) The appeal must be started within 20 business days after the day the person is given
notice of the decision on the request under section 376.
(3) Also, a person who has made a request under section 369 may appeal to the court
against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started at any time after the last day the
decision on the matter should have been made.
467 Appeals about changing or cancelling conditions imposed by assessment
manager or concurrence agency
(1) A person to whom a notice under section 378(9)(b) giving a decision to change or
cancel a condition of a development approval has been given may appeal to the court
against the decision in the notice.
(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.
Division 11 Making and appeal to Court
481 How appeals to the court are started
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying
to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not
complied with subsection (3).
482 Notice of appeal to other parties—development applications and approvals
(1) An appellant under division 8 must give written notice of the appeal to—
(a) if the appellant is an applicant—
(i) the chief executive; and
(ii) the assessment manager; and
(iii) any concurrence agency; and
(iv) any principal submitter whose submission has not been withdrawn; and
(v) any advice agency treated as a submitter whose submission has not been
withdrawn; or
(b) if the appellant is a submitter or an advice agency whose response to the
development application is treated as a submission for an appeal—
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(i) the chief executive; and
(ii) the assessment manager; and
(iii) any referral agency; and
(iv) the applicant; or
(c) if the appellant is a person to whom a notice mentioned in section 465(1) has
been given—
(i) the chief executive; and
(ii) the assessment manager for the development application to which the
notice relates; and
(iii) any entity that was a concurrence agency for the development application to
which the notice relates; and
(iv) the person who made the request under section 383 to which the notice
relates, if the person is not the appellant; or
(d) if the appellant is a person mentioned in section 466(1)—
(i) the chief executive; and
(ii) the responsible entity for making the change to which the appeal relates;
and
(iii) the person who made the request to which the appeal relates under section
369, if the person is not the appellant; and
(iv) if the responsible entity is the assessment manager—any entity that was a
concurrence agency for the development application to which the notice of
the decision on the request relates; or
(e) if the appellant is a person to whom a notice mentioned in section 467 has been
given—the entity that gave the notice.
(2) The notice must be given within—
(a) if the appellant is a submitter or advice agency whose response to the
development application is treated as a submission for an appeal—2 business
days after the appeal is started; or
(b) otherwise—10 business days after the appeal is started.
(3) The notice must state—
(a) the grounds of the appeal; and
(b) if the person given the notice is not the respondent or a co-respondent under
section 485—that the person may, within 10 business days after the notice is
given, elect to become a co-respondent to the appeal by filing in the court a
notice of election in the approved form.
485 Respondent and co-respondents for appeals under div 8
(1) Subsections (2) to (8) apply for appeals under sections 461 to 464.
(2) The assessment manager is the respondent for the appeal.
(3) If the appeal is started by a submitter, the applicant is a co-respondent for the
appeal.
(4) Any submitter may elect to become a co-respondent for the appeal.
(5) If the appeal is about a concurrence agency’s response, the concurrence agency is
a co-respondent for the appeal.
(6) If the appeal is only about a concurrence agency’s response, the assessment
manager may apply to the court to withdraw from the appeal.
(7) The respondent and any co-respondents for an appeal are entitled to be heard in
the appeal as a party to the appeal.
(8) A person to whom a notice of appeal is required to be given under section 482 and
who is not the respondent or a co-respondent for the appeal may elect to be a co-
respondent.
(9) For an appeal under section 465—
(a) the assessment manager is the respondent; and
(b) if the appeal is started by a concurrence agency that gave the assessment
manager a notice under section 385—the person asking for the extension the
subject of the appeal is a co-respondent; and
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(c) any other person given notice of the appeal may elect to become a co-
respondent.
(10) For an appeal under section 466—
(a) the responsible entity for making the change to which the appeal relates is the
respondent; and
(b) if the responsible entity is the assessment manager—
(i) if the appeal is started by a person who gave a notice under section 373 or
a pre-request response notice—the person who made the request for the
change is a co-respondent; and
(ii) any other person given notice of the appeal may elect to become a co-
respondent.
(11) For an appeal under section 467, the respondent is the entity given notice of the
appeal.
488 How an entity may elect to be a co-respondent
An entity that is entitled to elect to be a co-respondent to an appeal may do so,
within 10 business days after notice of the appeal is given to the entity, by following
the rules of court for the election.
490 Lodging appeal stops particular actions
(1) If an appeal, other than an appeal under section 465, 466 or 467, is started under
division 8, the development must not be started until the appeal is decided or
withdrawn.
(2) If an appeal is about a condition imposed on a compliance permit, the development
must not be started until the appeal is decided or withdrawn.
(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal
would not be affected if the development or part of the development is started
before the appeal is decided, the court may allow the development or part of the
development to start before the appeal is decided.
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