it's an anomaly alright - classic example of red tape. As I understand it there is no allowance for such an appeal in the Act so, as a result, there is no associated jurisdiction for ABP to hear an appeal
Therefore, you can appeal it but ABP will just refer it back to the LA.
It can either be that this was an "oversight" in the 2010 amendment or, more likely, that the decision was taken that an application that either was or was not appealed previously has been deemed duly dealt with by the system at that time. If it was the latter, however, it really should have been covered in the 2010 amendment