Actions in Respect of Planning and Environment
| Nature of action | Time Limit Period | Legislation | Provision |
| Appeal by applicant for a development approval. | Appeal must be started within 20 business days after day decision notice or is given to Applicant | s 229(3)(g) Planning Act 2016 (Qld) | |
| Appeal by submitter for a development approval. | Appeal must be started within 20 business days after day decision notice. | s 229(3)(g) Planning Act 2016 (Qld) | |
| Applicant’s appeal to tribunalagainst development application decision. | 20 business days after the day the decision notice e is given to Applicant. | s 229(3)(g) Planning Act 2016 (Qld) | Appeal to tribunal only applies if the development application is for a material change of use for a classified building or operational work associated with building work, a retaining wall or a tennis court (Schedule 1). |
| Proceeding for an offence against the Planning Act 2016 (Qld) | 1 year after the offence is committed
OR 1 year after offence comes to knowledge of complainant. |
s 173A Planning Act 2016 (Qld) | Summary offence before Magistrate. |
| Appeal to the Court against the decision to give an enforcement notice under the Planning Act 2016 (Qld) | 20 business days after the date the notice is given to the person. | s 229(3)(g) Planning Act 2016 (Qld) | |
| Appeal to the tribunal against the decision to give an enforcement notice under the Planning Act 2016 (Qld) | 20 business days after the day the notice is given to the person. | ||
| Appeal against the decision of a local government or condition applied under the Plumbing and Drainage Act 2018. | 5 business days after the notice is given for an appeal against an enforcement notice given
because of a belief mentioned in the Plumbing and Drainage Act 2018, section 143(2)(a)(i), (b) or (c); OR for an appeal against a decision of a local government or an inspector to give an action notice under the Plumbing and Drainage Act 2018
Otherwise, 20 business days after the day the notice is given to the applicant. |
s 229(3)(f) Planning Act 2016 (Qld) | |
| Claim for compensation under Planning Act 2016 (Qld) | · 2 years after the adverse planning change has taken effect – if the adverse planning change is a public purpose change (s 31(2), (6)(a))
· 6 months after notice of the decision is given to the affected owner – for development that is or becomes assessable development after the adverse planning change has effect OR a development that becomes prohibited development (s 31(3), (4), (6)(b)). |
s 31 Planning Act 2016 (Qld) | Claim must be given to local government. |
| Appeals against decision on compensation claims under the Planning Act 2016 (Qld) | The notice given to the affected owner will outline the affected owner’s appeal rights. | s 32(3)(b)(iii_ Planning Act 2016 (Qld) | |
| Appeals against a deemed refusal of compensation claims | An appeal may be started at any time after the last day a decision on the matter should have been made. | s 229(2)(b) Planning Act 2016 (Qld)
ss 476(1)(b) and 476(3) Sustainable Planning Act 2009 (Qld) |
The Planning Act 2016 (Qld) (SPA) is silent on an end date by which an appeal against a deemed refusal of a compensation claim must be commenced. An appeal lodged after a lengthy delay is likely to be met with an argument that it is unreasonable. This will be a matter for the Court’s discretion and will depend on the individual circumstances of the case. |
| Application for internal review of a decision made under the Water Act 2000 (Qld). | 30 business days. | s 863 Water Act 2000 (Qld) | 30 business days after person is given information notice or compliance notice.
Where no notice – 30 business days after the day the decision is published. |
| Appealing a decision made under Water Act 2000 (Qld). | 30 business days. | s 878 Water Act 2000 (Qld) | File notice of appeal with the Land Court within 30 business days after the appellant receives notice of decision or the decision is taken to have been made.
Court may extend period for filing notice of appeal. |
| Commencing proceeding for an offence under Water Act 2000 (Qld). | 1 year after commission of offence.
OR 1 year after offence comes to the complainant’s knowledge, but not later than 2 years after commission of the offence. |
s 931 Water Act 2000 (Qld) | Summary offence before Magistrate. |
| Claiming compensation for a decision made under Water Act 2000 (Qld). | 6 months after day the approval of the plan or amendment of the plan reducing the value of the water allocation was made. | s 988 Water Act 2000 (Qld) | Claim for compensation must be given to chief executive within 6 months. |
| Application for internal review of an original decision made under the Environmental Protection Act 1994 (Qld). | 10 business days. | s 521 Environmental Protection Act 1994 (Qld) | 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision.
OR the longer period the authority allows in special circumstances. |
| Summary proceedings for an offence against the Environmental Protection Act 1994 (Qld). | 1 year after commission of offence.
OR 1 year after offences comes to the complainant’s knowledge, but within 2 years of commission of the offence. |
s 497 Environmental Protection Act 1994 (Qld) | Summary offence before Magistrate. |
| Appeal to Land Court against decision made under the Environmental Protection Act 1994 (Qld). | 22 business days after appellant receives notice of decision or the decision is taken to have been made. | ss 525 and 532 Environmental Protection Act 1994 (Qld) | Appeal is started by filing written notice of appeal with Registrar of Court.
Court may extend period for filing notice of appeal. |