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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 5 April 2020 at 13:13) Current version
Part 4 Division 7 Section 95
95   Lapsing of consent
(1)  A development consent lapses:
(a)  5 years after the date from which it operates, except as provided by paragraph (b), or
(b)  in the case of a development consent that is subject to a condition under section 80 (5), 5 years after the date from which the initial development consent operates, or 2 years after the date from which a later or the latest development consent granted in accordance with the condition operates, whichever is the longer.
(2)  A consent authority, in granting development consent, may vary either or both of the periods referred to in subsection (1), despite that subsection.
(3)  Such a variation may not be made so as to cause:
(a)  a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or
(b)  a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent.
(4)  Development consent for:
(a)  the erection of a building, or
(b)  the subdivision of land, or
(c)  the carrying out of a work,
does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section.
(5)  Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of that consent is actually commenced before the date on which the consent would otherwise lapse.