New South Wales Consolidated Regulations
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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 122A
Effect of failure to determine modification applications
122A Effect of failure to determine modification applications
(1) For the purposes of sections 4.55(6) and 4.56(3) of the Act-- (a) a
consent authority is taken to have refused an application under section 4.55
or 4.56 if it fails to determine the application within 40 days after the
application is made, and
(b) a later determination does not prejudice or
affect the continuance or determination of an appeal made under section 8.9 of
the Act in respect of a determination that is taken by this clause to have
been made.
(2) If a later determination is made by granting consent, the
consent authority is entitled, with the consent of the applicant and without
prejudice to costs, to have an appeal (being an appeal made under section 8.9
of the Act in respect of a determination that is taken to have been made by
this clause) withdrawn at any time prior to the determination of that appeal.
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