Environmental Planning and Assessment Regulation 2000
Historical version for 7 September 2009 to 25 October 2009 (accessed 6 August 2020 at 06:22) Current version
Part 6 Division 11 Clause 113
113   When is an application taken to be refused?
(cf clause 70B of EP&A Regulation 1994)
(1)  For the purposes of section 82 (1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within:
(a)  40 days, except in the case of development referred to in paragraph (b), or
(b)  60 days, in the case of:
(i)  designated development, or
(ii)  integrated development (other than integrated development that, pursuant to State Environmental Planning Policy No 62—Sustainable Aquaculture, is Class 1 aquaculture development), or
(iii)  development for which the concurrence of a concurrence authority is required.
(2)  The 40-day and 60-day periods are measured from:
(a)  the date the development application is lodged with the consent authority, or
(b)  the date the Commission complies with clause 268V (3), if a review has been conducted by the Planning Assessment Commission into development that is not designated development, or part of any such development.
(3)  In the case of designated development or other advertised development for which the relevant submission period exceeds 30 days, the 60-day period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).
(4)  If the relevant submission period for a development application for designated development is more than 30 days, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.
 Clause 107 provides that certain periods of time are to be ignored when calculating a 40-day or 60-day period under this clause. Deemed refusal provisions do not apply to development under section 80 (7) of the Act (where a public inquiry is held into designated development) or to any State significant development for which a public inquiry is held.