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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
119Deemed refusal periods for appeals—the Act, s 8.17(1)
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#### 119 Deemed refusal periods for appeals—the Act, s 8.17(1)
119 Deemed refusal periods for appeals—the Act, s 8.17(1)
> > (1) This section specifies the period after which a council is taken to have refused to issue a construction certificate, subdivision works certificate, occupation certificate or subdivision certificate.
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> > (2) The period for a construction certificate or subdivision works certificate ends—
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> > > (a) for an application made on or before the day on which the council determines the associated development application—at the end of the deemed refusal period, or
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> > > (b) otherwise—28 days after the application for the certificate is made.
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> > (3) The period for an occupation certificate ends 14 days after the application for the occupation certificate is made.
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> > (4) The period for a subdivision certificate ends—
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> > > (a) for an application relating to subdivision that is State significant development or designated development, 14 days after the later of—
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> > > > (i) the application for the subdivision certificate is made, or
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> > > > (ii) the end of the period within which an appeal against the granting of the associated development consent may be made under the Act, section 8.8, or
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> > > > (iii) the determination of an appeal against the granting of the associated development consent, or
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> > > (b) otherwise—
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> > > > (i) if the subdivision requires development consent—14 days after the application for the subdivision certificate is made, or
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> > > > (ii) if the subdivision does not require development consent—7 days after the application for the subdivision certificate is made.
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> > (5) In this section—
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> > associated development application, in relation to an application for a construction certificate or subdivision works certificate, means the development application for the development to which the application for the construction certificate or subdivision works certificate relates.
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> > associated development consent, in relation to an application for a subdivision certificate, means the development consent for the subdivision to which the application relates.
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> > deemed refusal period means the period after which the council is taken to have refused an associated development application for the purposes of the Act, section 8.11(1).