New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf clause 51 of EP[#38]A Regulation 1994)
(1) A concurrence authority that has received a development application from a consent authority must give written notice to the consent authority of its decision on the development application--(a) within 40 days (or a lesser period, if any, provided for in an environmental planning instrument) after receipt of the copy of the application, or(b) in the case of development that is required to be advertised or notified under Schedule 1 to the Act, within 21 days after it receives--(i) the last of the submissions made during the relevant submission period, or(ii) advice from the consent authority that no submissions were made.Note : This period may be extended by operation of Division 11.
(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1)--(a) the consent authority must notify the concurrence authority as soon as possible after the determination, and(b) this clause ceases to apply to the development application.
(3) Nothing in this clause prevents a consent authority from having regard to a concurrence authority's decision on a development application that has been notified to the consent authority after the expiration of the relevant period under subclause (1).