| Table 1
Appeals to the P&E Court and, for certain matters, to a tribunal |
| 1. Development applications
For a development application other than an excluded application, an appeal
may be made against—(a) the refusal of all or part of the development
application; or(b) the deemed refusal of the development application; or(c) a
provision of the development approval; or(d) if a development permit was
applied for—the decision to give a preliminary approval. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The applicant | The assessment manager | If the appeal is about a concurrence
agency’s referral response—the concurrence agency | 1 A concurrence agency
that is not a co-respondent2 If a chosen assessment manager is the
respondent—the prescribed assessment manager3 Any eligible advice agency for
the application4 Any eligible submitter for the application |
| 2. Change applications
For a change application other than an excluded application, an appeal may be
made against—(a) the responsible entity’s decision on the change
application; or(b) a deemed refusal of the change application. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| 1 The applicant2 If the responsible entity is the assessment manager—an
affected entity that gave a pre-request notice or response notice | The
responsible entity | If an affected entity starts the appeal—the applicant | 1 A
concurrence agency for the development application2 If a chosen assessment
manager is the respondent—the prescribed assessment manager3 A private
certifier for the development application4 Any eligible advice agency for the
change application5 Any eligible submitter for the change application |
| 3. Extension applications
For an extension application other than an extension application called in by
the Minister, an appeal may be made against—(a) the assessment manager’s
decision on the extension application; or(b) a deemed refusal of the extension
application. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| 1 The applicant2 For a matter other than a deemed refusal of an extension
application—a concurrence agency, other than the chief executive, for the
application | The assessment manager | If a concurrence agency starts the
appeal—the applicant | If a chosen assessment manager is the respondent—the
prescribed assessment manager |
| 4. Infrastructure charges notices
An appeal may be made against an infrastructure charges notice on 1 or more of
the following grounds—(a) the notice involved an error relating to—(i) the
application of the relevant adopted charge; or Examples of errors in applying
an adopted charge— • the incorrect application of gross floor area for a
non-residential development• applying an incorrect ‘use category’, under
a regulation, to the development (ii) the working out of extra demand, for
section 120 ; or(iii) an offset or refund; or(b) there was no decision about
an offset or refund; or(c) if the infrastructure charges notice states a
refund will be given—the timing for giving the refund; or(d) for an appeal
to the P&E Court—the amount of the charge is so unreasonable that no
reasonable relevant local government could have imposed the amount. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The person given the infrastructure charges notice | The local government that
gave the infrastructure charges notice | — | — |
| 5. Conversion applications
An appeal may be made against—(a) the refusal of a conversion application;
or(b) a deemed refusal of a conversion application. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The applicant | The local government to which the conversion application was
made | — | — |
| 6. Enforcement notices
An appeal may be made against the decision to give an enforcement notice. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The person given the enforcement notice | The enforcement authority | — | If the
enforcement authority is not the local government for the premises in relation
to which the offence is alleged to have happened—the local government |
| 7. Enforcement notices under the Plumbing and Drainage Act 2018
An appeal may be made against the decision to give an enforcement notice. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The person given the enforcement notice | The local government that gave the
enforcement notice | — | — |
| Table 2
Appeals to the P&E Court only |
| 1. Appeals from tribunal
An appeal may be made against a decision of a tribunal, other than a decision
under section 252 , on the ground of—(a) an error or mistake in law on the
part of the tribunal; or(b) jurisdictional error. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A party to the proceedings for the decision | The other party to the proceedings
for the decision | — | — |
| 2. Eligible submitter appeals
For a development application or change application other than an excluded
application, an appeal may be made against the decision to approve the
application, to the extent the decision relates to—(a) any part of the
development application or change application that required impact assessment;
or(b) a variation request. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| 1 For a development application—an eligible submitter for the development
application2 For a change application—an eligible submitter for the change
application | 1 For a development application—the assessment manager2 For a
change application—the responsible entity | 1 The applicant2 If the appeal is
about a concurrence agency’s referral response—the concurrence agency
| Another eligible submitter for the application |
| 3. Eligible submitter and eligible advice agency appeals
For a development application or change application other than an excluded
application, an appeal may be made against a provision of the development
approval, or a failure to include a provision in the development approval, to
the extent the matter relates to—(a) any part of the development application
or change application that required impact assessment; or(b) a variation
request. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| 1 For a development application—an eligible submitter for the development
application2 For a change application—an eligible submitter for the change
application3 An eligible advice agency for the development application or
change application | 1 For a development application—the assessment manager2
For a change application—the responsible entity | 1 The applicant2 If the
appeal is about a concurrence agency’s referral response—the concurrence
agency | Another eligible submitter for the application |
| 4. Compensation claims
An appeal may be made against—(a) a decision under section 32 about a
compensation claim; or(b) a decision under section 265 about a claim for
compensation; or(c) a deemed refusal of a claim under paragraph (a) or (b) . |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A person dissatisfied with the decision | The local government to which the
claim was made | — | — |
| 5. Registered premises
An appeal may be made against a decision of the Minister under chapter 7 ,
part 4 . |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| 1 A person given a decision notice about the decision2 If the decision is to
register premises or renew the registration of premises—an owner or occupier
of premises in the affected area for the registered premises who is
dissatisfied with the decision | The Minister | — | If an owner or occupier starts
the appeal—the owner of the registered premises |
| 6. Local laws
An appeal may be made against a decision of a local government, or conditions
applied, under a local law about—(a) the use of premises, other than a use
that is the natural and ordinary consequence of prohibited development; or(b)
the erection of a building or other structure. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A person who—(a) applied for the decision; and(b) is dissatisfied with the
decision or conditions. | The local government | — | — |
| Table 3
Appeals to a tribunal only |
| 1. Building advisory agency appeals
An appeal may be made against giving a development approval for building work
to the extent the building work required code assessment against the building
assessment provisions. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A building advisory agency for the development application related to the
approval | The assessment manager | The applicant | 1 A concurrence agency for the
development application related to the approval2 A private certifier for the
development application related to the approval |
| 2. Inspection of building work
An appeal may be made against a decision of a building certifier or referral
agency about the inspection of building work that is the subject of a building
development approval under the Building Act . |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| The applicant for the development approval | The person who made the decision
| — | — |
| 3. Certain decisions under the Building Act and the
Plumbing and Drainage Act 2018
An appeal may be made against—(a) a decision under the Building Act , other
than a decision made by the Queensland Building and Construction Commission,
if an information notice about the decision was given or required to be given
under that Act; or(b) a decision under the Plumbing and Drainage Act 2018 ,
other than a decision made by the Queensland Building and Construction
Commission, if an information notice about the decision was given or required
to be given under that Act. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent
(if any) | Column 4
Co-respondent
by election (ifany) |
| A person who received, or was entitled to receive, an information notice about
the decision | The entity that made the decision | — | — |
| 4. Failure to decide an application or other matter under the Building Act
An appeal may be made against a failure to make a decision under the Building
Act within the period required under that Act, other than a failure by the
Queensland Building and Construction Commission to make a decision, if an
information notice about the decision was required to be given under that Act.
|
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A person who was entitled to receive notice of the decision | The entity that
failed to make the decision | — | — |
| 5. Failure to decide an application or other matter under the
Plumbing and Drainage Act 2018
An appeal may be made against a failure to make a decision under the
Plumbing and Drainage Act 2018 within the period required under that Act,
other than a failure by the Queensland Building and Construction Commission to
make a decision, if an information notice about the decision was required to
be given under that Act. |
| Column 1
Appellant | Column 2
Respondent | Column 3
Co-respondent(if any) | Column 4
Co-respondentby election (ifany) |
| A person who was entitled to receive an information notice about the decision
| The entity that failed to make the decision | — | — |
Queensland Consolidated Acts