New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 8D

8D Rejection of applications if proponent fails to comply with requirements

(1) This clause applies to project applications.

(2) If:

(a) any such application has not been duly made, and

(b) the Director-General has notified the proponent of the action required to ensure that the application is duly made, and

(c) the proponent has failed to take that action within 14 days after being so notified,

the Minister may decide to reject the application without determining whether to approve or disapprove of the carrying out of the project or to give or refuse to give approval for the concept plan (as the case requires).

(3) If:

(a) the proponent has failed to comply with the Director-General’s requirements under section 75H of the Act in connection with an application, and

(b) the Director-General has notified the proponent of the requirements that have not been complied with, and

(c) the proponent has failed to comply with those requirements within 21 days after being so notified,

the Minister may decide to reject the application without determining whether to approve or disapprove of the carrying out of the project or to give or refuse to give approval for the concept plan (as the case requires).

(4) An application is taken to be rejected and never to have been made when the proponent is given notice of the Minister’s decision to reject the application under this clause.

(5) The Director-General must refund to the proponent the whole of any fee paid in connection with an application that is rejected under this clause.