New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 98A

Appeal concerning security

98A Appeal concerning security

(1) An applicant who is dissatisfied with:
(a) a decision of a consent authority with respect to the provision (otherwise than by the imposition of a condition of development consent) of security of a kind referred to in section 80A (6), or
(b) the failure or refusal of the consent authority to release a security held by it, or
(c) the failure or refusal of a council to release a security held by it that has been provided in accordance with a condition of a complying development certificate,
may appeal to the Court.
Note : The right to appeal against the imposition of a condition of development consent is excluded from subsection (1) (a) so as not to duplicate the right of appeal conferred by section 97.
(2) An appeal with respect to a decision referred to in subsection (1) (a) may be made within 12 months after the applicant received notice of the decision.
(3) An appeal with respect to a failure or refusal referred to in subsection (1) (b) or (c) may be made:
(a) except as provided by paragraph (b), within 6 months after the work to which the security relates has been completed, or
(b) if the security is provided in respect of contingencies that may arise on or after completion of the work to which the security relates, not earlier than 6 months and not later than 12 months after the completion of the work.



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