HERITAGE ACT 1977 - SECT 65
Effect of failure to make determination
HERITAGE ACT 1977 - SECT 65
Effect of failure to make determination
65 Effect of failure to make determination
(1) Where the approval body has not determined an application for approval
(other than an application for approval in respect of integrated development)
within a period of 40 days, or, where public notice of that application has
been given under section 61, within a period of 60 days, after service of that
application on it, it shall, for the purposes only of section 70, be deemed to
have determined that application by refusing approval.
(2) Nothing in
subsection (1) prevents the approval body from determining an application
after the expiration of the period referred to in subsection (1) in relation
to that application.
(3) The determination of an application as referred to
in subsection (2) shall not, where an appeal in respect of that application
has been made under section 70, prejudice or affect the making, continuance or
determination of that appeal.
(4) The regulations may prescribe periods of
time that are not to be taken into account in calculating the expiration of
the periods referred to in subsection (1) in circumstances where the
approval body has requested the applicant to provide it with additional
information relating to the application.