New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous s 98A)
(1) This section applies in connection with a decision of a consent authority or council relating to security of the kind referred to in section 4.17(6).
(2) The applicant for development consent to which the security relates, or a person having the benefit of the consent, who is dissatisfied with the decision may appeal to the Court as follows--(a) an appeal may be made against a decision of the consent authority with respect to the provision of the security (otherwise than by the imposition of a condition of development consent),(b) an appeal may be made against the failure or refusal of the consent authority to release a security held by it,(c) an appeal may be made against the failure or refusal of a council to release a security held by it that has been provided in accordance with a condition of a complying development certificate.
(3) An appeal under subsection (2)(a) may be made only within 6 months after the applicant for development consent received notice of the decision.
(4) An appeal under subsection (2)(b) or (c) may be made only--(a) except as provided by paragraph (b), within 6 months after the work to which the security relates has been completed, or(b) if the security is provided in respect of contingencies that may arise on or after completion of the work to which the security relates, not earlier than 6 months and not later than 12 months after the completion of the work.