QLDIn ForceAct
Planning Act 2016
sec.253Conduct of appeals
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### sec.253 Conduct of appeals
This section applies to an appeal to a tribunal.
Generally, the appellant must establish the appeal should be upheld.
However, for an appeal by the recipient of an enforcement notice, the enforcement authority that gave the notice must establish the appeal should be dismissed.
The tribunal must hear and decide the appeal by way of a reconsideration of the evidence that was before the person who made the decision appealed against.
However, the tribunal may, but need not, consider—
other evidence presented by a party to the appeal with leave of the tribunal; or
any information provided under section 246 .
In this section—
enforcement notice includes an enforcement notice under the Plumbing and Drainage Act 2018 .
s 253 amd 2022 No. 11 s 39
(sec.253-ssec.1) This section applies to an appeal to a tribunal.
(sec.253-ssec.2) Generally, the appellant must establish the appeal should be upheld.
(sec.253-ssec.3) However, for an appeal by the recipient of an enforcement notice, the enforcement authority that gave the notice must establish the appeal should be dismissed.
(sec.253-ssec.4) The tribunal must hear and decide the appeal by way of a reconsideration of the evidence that was before the person who made the decision appealed against.
(sec.253-ssec.5) However, the tribunal may, but need not, consider— other evidence presented by a party to the appeal with leave of the tribunal; or any information provided under section 246 .
(sec.253-ssec.6) In this section— enforcement notice includes an enforcement notice under the Plumbing and Drainage Act 2018 .
- (a) other evidence presented by a party to the appeal with leave of the tribunal; or
- (b) any information provided under section 246 .