New South Wales Consolidated Acts
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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 96AB
Review where modification application refused or conditions imposed
96AB Review where modification application refused or conditions imposed
(1) Applications for review of modification decisions An applicant for the
modification of a development consent for which a council is the
consent authority may request the council to review a determination by the
council under section 96 or 96AA of the application.
(2) Council must review
determination A council must, on a request made in accordance with this
section, conduct a review.
(3) Persons who may conduct council review The
review must be carried out by:
(a) if the determination was made by the
council-the council, or
(b) if the determination was made by a delegate of
the council-by the council or another delegate of the council who is not
subordinate to the delegate who made the determination.
(4) Determination of
review As a consequence of the review, the council may confirm or change the
(5) No review if appeal period expired or appeal made A
determination cannot be reviewed:
(a) after the time limited for the making of
an appeal under section 97AA expires, if no such appeal is made against the
(b) after an appeal under section 97AA against the
determination is disposed of by the Court, if such an appeal is made against
(6) Withdrawal of appeals If on a review the council
modifies a development consent, the council is entitled, with the consent of
the applicant and without prejudice to costs, to have an appeal made under
section 97AA in respect of its determination withdrawn at any time prior to
the determination of that appeal.
(7) Determinations not subject to review
This section does not apply to the following determinations:
determination of an application to modify a complying development certificate,
(b) a determination in respect of designated development,
(c) a determination
in respect of integrated development,
(d) a determination made by the council
under section 89A in respect of an application by the Crown,
determination that is taken to have been made because the council has failed
to determine an application.
Note : Sections 82C and 82D apply to a review
under this section.
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