Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 4.1.28A

4.1.28A Additional and extended appeal rights for submitters for particular development applications

(1) This section applies to a development application to which chapter 5, part 8A applies.

(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency response made by a prescribed concurrence agency for the application.

(3) However, the submitter may only appeal against a referral agency response to the extent it relates to--

(a) if the prescribed concurrence agency is the chief executive (environment)--development for an aquacultural ERA; or
(b) if the prescribed concurrence agency is the chief executive (fisheries)--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.

(4) Despite section 4.1.28(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 4.1.28(2) if it is a decision of the chief executive (fisheries);
(b) a referral agency response mentioned in subsection (2).


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