N70-T63-s376 Change decision notice responsible entity

                                                                                   SPD-0215-015204




     (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—




Department of State Development, Infrastructure and Planning                               Page 9