New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 8.5

8.5 Miscellaneous provisions relating to reviews

(cf previous ss 82A(10), 82C, 82D)

(1) The regulations may make provision for or with respect to reviews under this Division, including--

(a) specifying the person or body with whom applications for reviews are to be lodged and by whom applications for reviews and the results of reviews are to be notified, and

(b) setting the period within which reviews must be finalised, and

(c) declaring that a failure to finalise a review within that time is taken to be a confirmation of the determination or decision subject to review.

(2) The functions of a consent authority in relation to a matter subject to review under this Division are the same as the functions in connection with the original application or determination.

(3) If a decision to reject an application for development consent is changed on review, the application is taken to have been lodged on the date the decision is made on the review.

(4) If a determination is changed on review, the changed determination replaces the earlier determination on the date the decision made on the review is registered on the NSW planning portal.

(5) Notice of a decision on a review to grant or vary development consent is to specify the date from which the consent (or the consent as varied) operates.

(6) A decision after the conduct of a review is taken for all purposes to be the decision of the consent authority.

(7) If on a review of a determination the consent authority grants development consent or varies the conditions of a development consent, the consent authority is entitled (with the consent of the applicant and without prejudice to costs) to have an appeal against the determination made by the applicant to the Court under this Part withdrawn at any time prior to the determination of that appeal.