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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 19 November 2019 at 10:41)
Effect of failure to determine modification applications
For the purposes of sections 4.55 (6) and 4.56 (3) of the Act—a consent authority is taken to have refused an application under section 4.55 or 4.56 if it fails to determine the application within 40 days after the application is made, anda later determination does not prejudice or affect the continuance or determination of an appeal made under section 8.9 of the Act in respect of a determination that is taken by this clause to have been made.If a later determination is made by granting consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under section 8.9 of the Act in respect of a determination that is taken to have been made by this clause) withdrawn at any time prior to the determination of that appeal.