New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 149F

149F Appeals with respect to building certificates

(1) An applicant:

(a) who is aggrieved by a council’s refusal to issue a building certificate, or

(b) who is aggrieved by a council’s refusal to issue a building certificate within 40 days after:

(i) the date of application for the certificate, or

(ii) if the applicant receives a notice under section 149C to supply information, the date on which the information is supplied,

whichever is the later, or

(c) who receives a notice under section 149C to supply information,

may appeal to the Court.

(2) The appeal must be made within 12 months after the date on which the refusal is communicated to the person, the date on which the 40-day period expires or the date of the notice under section 149C, as the case requires.

(3) On hearing the appeal, the Court may do any one or more of the following:

(a) it may direct the council to issue a building certificate in such terms and on such conditions as the Court thinks fit,

(b) it may revoke, alter or confirm a notice under section 149C,

(c) it may make any other order that it considers appropriate.