New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 82D

82D Effect of review decisions

(1) For the purposes of determining an application for a review, a reviewing body has the same functions as the consent authority had, in relation to the original application or determination.

(2) If the reviewing body determines under section 82B that a council should proceed to consider a development application, the development application that is the subject of the review is taken to have been lodged on the day on which that determination is made.

(3) If the reviewing body changes a determination (other than a determination under section 82B), the changed determination replaces the earlier determination as from the date of review and the date of determination of the application is taken to be the date of the decision on the review.

(4) If the reviewing body grants development consent, or varies the conditions of a development consent or otherwise modifies a development consent, the reviewing body must endorse on the notice issued under section 82C (6) the date from which the consent, or the consent as varied, operates.

(5) A decision by a reviewing body in determining an application for a review is taken for all purposes to be the decision of the consent authority.

(6) This section has effect even if the appointment of a reviewing body or a member of a reviewing body is subsequently found not to have been validly made.