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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > What you can appeal > Water connection appeals

 Water connection appeals

You can appeal to the Development Tribunals under the Planning Act 2016 and the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (SEQ Water Act) about a water connection decision, but only for certain buildings (defined under the Building Code of Australia).

The Tribunals can hear appeals under the SEQ Water Act about the following:

  1. Water connection decisions for which the land is subject to a development application for a material change of use for a classified building or for a material change of use involving a limited class 2 building (section 99BRBE). Definitions of a classified building and class 2 building can be found in the National Construction Code 2016.
  2. Particular charges for a water connection, including a connection charge, property service works charge or trunk infrastructure charge (section 99BRBF).
  3. A refusal of a conversion application to convert non-trunk infrastructure to trunk infrastructure (section 99BRBFA).

Chapter 4C, Part 4, Division 3 of the SEQ Water Act provides further detail in relation to water connection appeals to the Tribunals.

Timeframes

Appeals lodged with a Tribunal are processed more quickly than through the Planning and Environment Court and are conducted in an informal manner. The chairperson of a Tribunal established to decide an appeal about infrastructure charges or a conversion application must be a lawyer as prescribed under the Planning Regulation 2017.

Applicants may seek legal advice for the purposes of completing the appeal application and supporting documentation however a legal representative is not permitted to attend an appeal hearing under section 248(b) of the Planning Act 2016.

Refer to the fact sheet Appeal and declaration application process for more information on lodging an appeal.

What you cannot appeal

The Tribunals cannot decide appeals under section 99BRBF of the SEQ Water Act which includes the following:

  1. The relevant charge itself (as opposed to an error relating to the calculation of the charge).
  2. An offset or refund for an infrastructure charges notice which includes:
    • The establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or
    • The cost of infrastructure using the method in the distributor-retailer’s infrastructure charges schedule.


Last updated 02 July 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)

More information

For more information, contact the Registrar, Development Tribunals:



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