N70-T63-s376 Change decision notice responsible entity

                                                                                  SPD-0215-015204




         (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




Department of State Development, Infrastructure and Planning                              Page 8