New South Wales Consolidated Acts
[Search this Act]
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.
AustLII: Copyright Policy