Australian Capital Territory Consolidated Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 - REG 305

    (1)     This section applies if—

        (a)     an activity is a controlled activity mentioned in the Act, schedule 2, item 1, 3 or 4; and

        (b)     a development application has been made in relation to the controlled activity within 20 working days after the day the planning and land authority gives a show cause notice under the Act, section 353 (2); and

        (c)     the development application is refused.

    (2)     The period is 20 working days after the day the development application is refused.

    (3)     For this section, a development application is refused on the latest of the following days that apply to the development application:

        (a)     if there is no right to make a reconsideration application or apply to the ACAT for review of the decision on the development application—the day notice of the decision to refuse is given to the applicant;

        (b)     if there is a right to make a reconsideration application and—

              (i)     no application is made—the day the period for making the reconsideration application ends; or

              (ii)     an application is made—the day notice of the decision to refuse, as confirmed or substituted on reconsideration, is given under the Act, section 195;

        (c)     if there is a right to apply to the ACAT for review of the decision on the development application and—

              (i)     no application is made—the day the period for making the application for review ends; or

              (ii)     an application is made—

    (A)     the day the decision to refuse the development application, as confirmed, varied or substituted by the ACAT, takes effect under the ACT Civil and Administrative Tribunal Act 2008 , section 69 (Effect of orders for administrative review); or

    (B)     the day the application for review is withdrawn, dismissed or struck out.