New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 122A

122A Effect of failure to determine modification applications

(1) For the purposes of sections 96 (6) and 96AA (3) of the Act:

(a) a consent authority is taken to have refused an application under section 96 or 96AA if it fails to determine the application within 40 days after the application is made, and

(b) a later determination does not prejudice or affect the continuance or determination of an appeal made under section 97AA of the Act in respect of a determination that is taken by this clause to have been made.

(2) If a later determination is made by granting consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under section 97AA of the Act in respect of a determination that is taken to have been made by this clause) withdrawn at any time prior to the determination of that appeal.