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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 (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 proces​s 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 09 February 2018    Creative Commons Attribution 4.0 International (CC BY 4.0)

More information

For more information, contact the Registrar, Development Tribunals:



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