New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.53

4.53 Lapsing of consent

(cf previous s 95)

(1) A development consent lapses--

(a) 5 years after the date from which it operates if the development consent commences operation after the prescribed period, or

(b) 5 years after the date from which it operates if the development consent commences operation during the prescribed period, or

(c) 2 years after the date on which the development consent would otherwise have lapsed if the development consent commenced operation before, and has not lapsed at, the commencement of the prescribed period.

(2) A consent authority may reduce a period specified in subsection (1)(a) or (b) in granting development consent.

(3) Subsection (2) does not--

(a) apply to development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or

(b) authorise a reduction to be made that would cause--

(i) a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or

(ii) a development consent that commences operation during the prescribed period to lapse within 5 years after the date from which the consent operates, or

(iii) a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent.

(3A) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (1)(c)--

(a) the development consent is taken not to have lapsed, and

(b) subsection (1)(c) applies to the development consent.

(4) Development consent for--

(a) the erection of a building, or

(b) the subdivision of land, or

(c) the carrying out of a work,

does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section.

(5) Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of that consent is actually commenced before the date on which the consent would otherwise lapse.

(6) Despite any other provision of this section, a development consent that is subject to a deferred commencement condition under section 4.16(3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within--

(a) 5 years after the grant of consent if the consent is granted after the prescribed period, or

(b) 5 years after the grant of consent if the consent is granted during the prescribed period, or

(c) 2 years after the date on which the development consent would otherwise have lapsed if--

(i) the grant of consent was before the commencement of the prescribed period, and

(ii) the development consent has not lapsed at that commencement.

(6A) A consent authority may reduce a period specified in subsection (6)(a) or (b) in granting development consent.

(6B) Subsection (6A) does not authorise a reduction to be made that would cause a development consent granted during the prescribed period to lapse within 5 years after the date on which it was granted.

(6C) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (6)(c)--

(a) the development consent is taken not to have lapsed, and

(b) subsection (6)(c) applies to the development consent.

(7) The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section.

(8) In this section--

"prescribed period" means the period commencing on 25 March 2020 and ending on 25 March 2022.