New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75K

75K Appeals by proponent

(1) This section applies to a project if:

(a) the project is not a critical infrastructure project, and

(b) the proponent is not a public authority, and

(c) the project has not been the subject of a review by the Planning Assessment Commission, and

(d) but for this Part, the provisions of Part 4 would apply to the project.

(2) A proponent who is dissatisfied with the determination of the Minister with respect to an application by the proponent under this Division may appeal to the Court within 3 months after:

(a) the date on which the proponent received notice of the determination of the application in accordance with the regulations, or

(b) the date on which the regulations provide that a pending application is taken to have been refused for the purposes only of this section.

(3) If any such appeal is made, each objector to the application referred to in section 75L is to be given notice by the Minister of that appeal and is, on application made to the Court in accordance with rules of court within 28 days after the date of the notice, entitled to be heard at the hearing of the appeal as if the objector were a party to the appeal.