New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75Q

75Q Appeal by proponent

(1) This section applies to a project for which an application for approval of a concept plan has been made 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 under this Division to refuse to approve the concept plan for a project (or to modify a concept plan for which approval is given) may appeal to the Court within 3 months after:

(a) the date on which the proponent received notice of the determination 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 the Court allows the appeal, the Minister is to approve the concept plan in the manner determined by the Court. The Court does not have jurisdiction to approve the concept plan or to make or direct the Minister on any determination that may be made under section 75P when giving approval for a concept plan.