New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf clause 70B of EP[#38]A Regulation 1994)
(1) For the purposes of section 8.11(1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within the
"deemed refusal period" , being--(a) 40 days, except in the case of development referred to in paragraph (b) or (c), or(b) 60 days, in the case of--(i) designated development, or(ii) integrated development (other than integrated development that, pursuant to Part 5 of State Environmental Planning Policy (Primary Production and Rural Development) 2019 , is Class 1 aquaculture development), or(iii) development for which the concurrence of a concurrence authority is required, or(iv) a development application that is accompanied by a biodiversity development assessment report and that proposes a discount in the biodiversity credits required under the report to be retired, or(c) 90 days, in the case of State significant development.
(2) The deemed refusal period is measured from--(a) the date the development application is lodged on the NSW planning portal, or(b) the date the Commission complies with clause 6 of Schedule 2 to the Act, if a public hearing has been conducted by the Independent Planning Commission into development other than development the subject of a development application to which section 8.7 of the Act does not apply, or part of any such development.
(3) In the case of nominated integrated development, threatened species development or Class 1 aquaculture development for which the relevant submission period exceeds the minimum period specified in clause 8A of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds the minimum period specified in clause 8A of Schedule 1 to the Act, despite subclause (1).
(3A) Despite subclause (1), if the relevant submission period for an application for designated development exceeds the minimum period specified in clause 8 of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds that minimum period.
(4) If the relevant submission period for a development application for designated development is more than the minimum period specified in clause 8 of Schedule 1 to the Act, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 8.11 of the Act.
(5) In the case of State significant development for which the relevant submission period exceeds the minimum period specified in clause 9 of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds the minimum period specified in clause 9 of Schedule 1 to the Act, despite subclause (1).
(6) If the relevant submission period for a development application for State significant development is more than the minimum period specified in clause 9 of Schedule 1 to the Act, the Minister is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 8.11 of the Act.
(7) In the case of State significant development, any day that occurs between the date of the Planning Secretary's request for a written response to submissions under clause 82(2) and the date on which that response is provided to the Planning Secretary is not to be taken into consideration in calculating the number of days in the deemed refusal period.
Note : This clause does not apply in respect of a development application if section 8.7 of the Act does not apply to the application.