New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 83

83 Date from which consent operates

(1) Subject to subsections (2) and (3), if a determination is made by the granting of consent, the consent becomes effective and operates from:

(a) except as provided in paragraph (b)-the date that is endorsed on the notice given to the applicant in accordance with section 81 (1) of the determination of the development application or under section 82D (4), or

(b) in the case of designated development to which an objection has been made in accordance with section 79 (5):

(i) if consent was granted under section 80 (6) or (7) following the holding of a review that includes a public hearing by the Planning Assessment Commission-the date that is endorsed on the notice of the determination of the development application given to the applicant in accordance with section 81 (1), or

(ii) in any other case-the expiration of 28 days from the date that is endorsed on the notice of the determination of the development application given to the applicant in accordance with section 81 (1).

(2) Subject to subsection (3), if a determination is made by the granting of consent or the granting of consent subject to conditions, and an appeal has been made under section 97 (1) or 98, the consent:

(a) ceases to be, or does not become, effective pursuant to subsection (1), and

(b) becomes effective and operates from the date of the determination of that appeal, except where that decision is to refuse development consent.

(3) A consent referred to in subsection (1) or (2) is void and, except for the purposes of section 97 or 98, is taken never to have been granted if:

(a) development consent is refused on a review under section 82A or an appeal under section 97, or

(b) the effect of a decision on an appeal under section 98 is that development consent is refused.

(4) If a determination is made by refusing consent or if an application is taken by section 82 to have been so determined, and the decision on the appeal made pursuant to section 97 in respect of that determination has the effect of granting consent, the decision is taken to be a consent granted under this Division and that consent is effective and operates from the date of that decision.

(4A) Subsections (2) and (3) do not apply to State significant development. If development consent for any such development is refused by the Court on an appeal, any development consent that was granted ceases to have effect on the determination of the appeal.

(5) Despite any other provision of this section, a development consent is taken to become effective and operate from such date as may be fixed by:

(a) a court (whether or not the Land and Environment Court) that finally determines an appeal on a question of law which confirms the validity of, or results in the granting of, the consent, or

(b) the Land and Environment Court, if the validity of a consent granted by that Court is confirmed by, or the consent is granted by that Court as a result of, such a final determination made by another court that has not fixed that date.