N70-T63-s376 Change decision notice responsible entity

                                                                                SPD-0215-015204




SARA reference: SPD-0215-015204


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




Department of State Development, Infrastructure and Planning                              Page 6