Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 28 May 2020 at 03:09) Current version
Part 4A Section 109K
109K   Appeals against failure or refusal to issue Part 4A certificates
(1)  An applicant for:
(a)  a construction certificate, or
(b)  a final occupation certificate, or
(c)  a subdivision certificate,
may appeal to the Court against a consent authority’s (or, in the case of a subdivision certificate for subdivision that is not the subject of development consent, a council’s) decision to refuse to issue such a certificate or to issue a construction certificate subject to conditions.
(2)  An appeal under this section is to be made within 12 months after the date on which the decision was made.
(3)  For the purposes only of an appeal under this section, a consent authority or council is taken to have made a decision to refuse to issue a certificate if, following an application for the certificate, it has failed to issue the certificate:
(a)  in the case of an application for a construction certificate:
(i)  if the application is made on or before the date on which its associated development application is determined, within the relevant period referred to in section 82 (1) in relation to the development the subject of the development application, or
(ii)  if the application is made after the date on which its associated development application is determined, within 28 days after the application for the construction certificate was made, or
(b)  in the case of an application for a final occupation certificate, within 14 days after the application was made, or
(c)  in the case of an application for a subdivision certificate for subdivision that does not constitute designated development:
(i)  within 14 days after the application was made, where development consent to the subdivision is required, or
(ii)  within 7 days after the application was made, where development consent to the subdivision is not required, or
(d)  in the case of an application for a subdivision certificate for subdivision that constitutes designated development:
(i)  within 14 days after the application was made, or
(ii)  within 14 days after the period in which an appeal may be made under section 98 against the granting of development consent to that development, or
(iii)  if such an appeal is made, within 14 days after the final determination of the appeal,
whichever is the longer.
(4)  Nothing in subsection (3) prevents a consent authority or council from determining an application for a construction certificate, occupation certificate or subdivision certificate after the expiration of the relevant period prescribed by that subsection.
(5)  A determination pursuant to subsection (4) does not, subject to subsection (6), prejudice or affect the continuance or determination of an appeal made under this section in respect of a determination that is taken by subsection (3) to have been made.
(6)  If a determination pursuant to subsection (4) is made by granting the certificate concerned, the consent authority or council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under this section in respect of a determination that is taken by subsection (3) to have been made) withdrawn at any time prior to the determination of that appeal.