New South Wales Consolidated Acts

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Deemed refusal for purposes of appeal

8.17 Deemed refusal for purposes of appeal

(cf previous s 109K(3))

(1) For the purposes only of an appeal under this Division, a council is taken to have made a decision to refuse to issue a certificate (a
"deemed refusal" ) if it has failed to issue the certificate to the applicant within the period prescribed by the regulations.
(2) Nothing in subsection (1) prevents a council from determining an application for a construction certificate, occupation certificate, subdivision works certificate or subdivision certificate after the expiration of the applicable period specified in that subsection.
(3) A determination made after the expiration of that applicable period does not affect the continuance or determination of an appeal made under this Division in respect of a deemed refusal.
(4) If a determination is made after the applicable period to grant the certificate concerned, the council is entitled, with the consent of the applicant and without prejudice to costs, to have any appeal under this Division against a deemed refusal withdrawn at any time prior to the determination of that appeal.

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