New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 95

95 "Deferred commencement" approval

(1) An approval may be granted subject to a condition that the approval is not to operate until the applicant satisfies the council as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition.

(2) Such an approval must be clearly identified as a "deferred commencement" approval (whether by the use of that expression or by reference to this section or otherwise).

(3) A "deferred commencement" approval must clearly distinguish conditions concerning matters as to which the council must be satisfied before the approval can operate from any other conditions.

(4) A council may specify the period in which the applicant must produce evidence to the council sufficient to enable it to be satisfied as to those matters.

(5) The applicant may produce evidence to the council sufficient to enable it to be satisfied as to those matters and, if the council has specified a period for the purpose, the evidence must be produced within that period.

(6) If the applicant produces evidence in accordance with this section, the council must notify the applicant whether or not it is satisfied as to the relevant matters. If the council has not notified the applicant within the period of 28 days after the applicant's evidence is produced to it, the council is, for the purposes only of section 177, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.