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Contents (1979 - 13)
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Coastal Protection Act 1979 No 13
Current version for 30 November 2016 to date (accessed 16 August 2017 at 23:21)
Part 3 Section 42
42   Period for consideration by Minister of proposal or application
(1)  The Minister shall inform a public authority which has, under section 40 (1), notified the Minister of a proposal or which has, under section 40 (2), forwarded to the Minister a copy of an application of the Minister’s decision with respect to the proposal or application:
(a)  except as provided by paragraph (b)—within a period of 21 days after being notified of the proposal or receiving a copy of the application, or
(b)  where, within the period referred to in paragraph (a), the Minister sends by post to the public authority and, in the case of an application, to the applicant, a notice informing it or them, as the case may be, that the Minister is unable to deal with the proposal or application within that period and specifies in that notice a longer period within which the Minister will deal with the proposal or application—within the longer period.
(2)  Where the Minister does not inform a public authority referred to in subsection (1) of the Minister’s decision with respect to a proposal or application within the period referred to in subsection (1) (a), or the longer period referred to in subsection (1) (b), as the case may be, the public authority may carry out the development or grant the right or consent the subject of the proposal or application, as the case may be, without the concurrence of the Minister.
(3)  The amendment made to subsection (1) by the Environmental Planning and Assessment Amendment Act 2008 does not apply in relation to any proposal or application that has been notified or forwarded to the Minister before the commencement of that amendment.