New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 123I

123I Review of modification decision

(1) An application for a review under section 96AB of the Act is to be made not later than 28 days after the date on which the application for the modification of the development consent was determined.

(2) An application must be notified or advertised:

(a) for a period not exceeding 14 days, but otherwise in the same manner as the original application for modification was notified or advertised, or

(b) if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application, the application is to be notified or advertised in accordance with the development control plan.

(3) The notice or advertisement must contain the following information:

(a) a brief description of the original modification application and the land to which it relates,

(b) a statement that submissions concerning the application for review may be made to the council within the notification period.

(4) Submissions may be made in relation to such an application during the notification period and during that period any person may inspect the application and any accompanying information and make extracts from or copies of them.

(5) The council must, as soon as practicable after the review is determined, give written notice of the results of the review to:

(a) the applicant, and

(b) if the application applies to land owned by a Local Aboriginal Land Council-the New South Wales Aboriginal Land Council (but not if the review confirms the determination).

(6) In this clause:
"notification period" means the period during which the application is required to be advertised or notified under subclause (2).