New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 122B

Days not to be included in calculating period for deemed refusal of modification application

122B Days not to be included in calculating period for deemed refusal of modification application

(1) A day that occurs between a request by a consent authority for additional information from an applicant for modification of a development consent under clause 121A, and the earlier of the following days, is not to be included in calculating the relevant period for the application--
(a) the day on which the information is provided to the consent authority,
(b) the day on which the applicant notifies, or is taken to have notified, the consent authority that the information will not be provided.
(2) Subclause (1) applies only if the request is made within 25 days after the date on which the application for modification of the development consent is lodged on the NSW planning portal.
(3) The following days are not to be included in calculating the relevant period for an application for modification of a development consent--
(a) the day on which the application is lodged on the NSW planning portal,
(b) the day following the day in paragraph (a).
(4) In this clause--

"relevant period" for an application for modification of a development consent means the period of 40 days specified in clause 122A after which the application is taken to have been refused.



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