AS PUBLISHED Negotiated Decision Notice MCU23 0094 · MCU23/0094

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (2) The notice of appeal must be accompanied by the required fee.
               Part 1 Appeal rights                                                           (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               229 Appeals to tribunal or P&E Court
                                                                                                  (a) the respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (b) each co-respondent for the appeal; and
                   (a) Matters that may be appealed to –
                                                                                                  (c) for an appeal about a development application under schedule
                         (i)   either a tribunal or the P&E Court; or
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (ii) only a tribunal; or                                                     development application; and
                         (iii) only the P&E Court; and                                            (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                   (b) The person-
                                                                                                      application; and
                         (i)   who may appeal a matter (the appellant); and
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (ii) who is a respondent in an appeal of the matter; and                     appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iv) who may elect to be a co-respondent in an appeal of the
                              matter.                                                             (g) for an appeal to a tribunal under another Act – any other
                                                                                                      person who the registrar considers appropriate.
               (2) An appellant may start an appeal within the appeal period.
                                                                                              (4) The service period is –
               (3) The appeal period is –
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                      Court – 2 business days after the appeal has started; or
                       days after a decision notice for the decision is given to the
                       agency; or                                                                 (b) otherwise – 10 business days after the appeal is started.
                   (b) for an appeal against a deemed refusal – at any time after the         (5) A notice of appeal given to a person who may elect to be a co-
                       deemed refusal happens; or                                                 respondent must state the effect of subsection (6).
                   (c) for an appeal against a decision of the Minister, under chapter        (6) A person elects to be a co-respondent by filing a notice of election,
                       7, part 4, to register premises or to renew the registration of            in the approved form, within 10 business days after the notice of
                       premises – 20 business days after a notice us published under              appeal is given to the person.
                       section 269(3)(a) or (4); or
                                                                                              231 Other appeals
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       business days after the infrastructure charges notice is given
                                                                                                  the Supreme Court decides a decision or other matter under this
                       to the person; or
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                   (e) for an appeal about a deemed approval of a development                     appealable.
                       application for which a decision notice has not been given –
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       30 business days after the applicant gives the deemed
                                                                                                  matter to the extent it is affected by jurisdictional error.
                       approval notice to the assessment manager; or
                                                                                              (3) A person who, but for subsection (1) could have made an
                   (f)   for any other appeal – 20 business days after a notice of the
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                         decision for the matter, including an enforcement notice, is
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                         given to the person.
                                                                                                  statement of reasons in relation to the decision or matter.
               Note –
                                                                                              (4) In this section –
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  decision includes-
                   period.
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (b) other conduct that relates to the making of a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (c) the making of a decision or failure to make a decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (d) a purported decision; and
                   withdraw from the appeal.
                                                                                                  (e) a deemed refusal.
               (6) To remove any doubt. It is declared that an appeal against an
                   infrastructure charges notice must not be about-                               non-appealable, for a decision or matter, means the decision or
                                                                                                  matter-
                   (a) the adopted charge itself; or
                                                                                                  (a) is final and conclusive; and
                   (b) for a decision about an offset or refund-
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                         (i)   the establishment cost of trunk infrastructure identified in
                                                                                                      set aside or called into question in any other way under the
                               a LGIP; or
                                                                                                      Judicial Review Act 1991 or otherwise, whether by the
                         (ii) the cost of infrastructure decided using the method                     Supreme Court, another court, a tribunal or another entity; and
                              included in the local government’s charges resolution.
                                                                                                  (c) is not subject to any declaratory, injunctive or other order of
               230 Notice of appeal                                                                   the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            232 Rules of the P&E Court
                   (a) is in the approved form; and                                           (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (b) succinctly states the grounds of the appeal.


               ABN 97.969.214.121                                                                                                  PO Box 141
               noosa.qld.gov.au                                                                                             Tewantin QLD 4565
               [email protected]                                                                                             07 5329 6500
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Document Set ID: 23011984
Version: 3, Version Date: 13/05/2024