New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 8E

8E Provisions relating to appeals

(1) Date of receipt of notice of determination For the purposes of determining the commencement of the appeal period under section 75K (2) (a), 75L (3) or 75Q (2) (a) of the Act, notice of the determination concerned is received on the date that the notice is received (or taken to have been received) in accordance with section 153 of the Act.

(2) Proponent appeal relating to approval of project-deemed refusal For the purposes of section 75K (2) (b) of the Act, the date on which a pending application for approval to carry out a project is taken to have been refused for the purposes only of enabling an appeal within 3 months after the date of the deemed refusal is as follows:

(a) 60 days from the end of the proponent’s environmental assessment period for the project, except as provided by paragraph (b) or (c),

(b) 120 days from the end of that period if the Director-General notifies the proponent, when notifying the environmental assessment requirements for the project, that the project involves a complex environmental assessment and approval process,

(c) 30 days from the end of that period if the Director-General notifies the proponent, when notifying the environmental assessment requirements for the project, that the project does not involve a complex environmental assessment and approval process.

(3) Proponent appeal relating to concept plan or modification of concept plan-deemed refusal For the purposes of section 75Q (2) (b) of the Act, the date on which a pending application for approval of a concept plan or to modify a concept plan is taken to have been refused for the purposes only of enabling an appeal within 3 months after the date of the deemed refusal is as follows:

(a) 60 days from the end of the proponent’s environmental assessment period for the concept plan, except as provided by paragraph (b) or (c),

(b) 120 days from the end of that period if the Director-General notifies the proponent, when notifying the environmental assessment requirements for the concept plan, that the concept plan involves a complex environmental assessment and approval process,

(c) 30 days from the end of that period if the Director-General notifies the proponent, when notifying the environmental assessment requirements for the concept plan, that the concept plan does not involve a complex environmental assessment and approval process.

(4) Proponent appeal relating to modifications of approval The time within which an appeal may be made under section 75W (5) of the Act is 3 months after:

(a) the date on which the proponent received (or is taken to have received) notice of the determination of the request for a modification of the approval for a project in accordance with section 153 of the Act, or

(b) the expiration of the period of 40 days after the request for the modification was made during which the Minister has failed to determine the request.