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Environmental Planning and Assessment Regulation 2021
254Circumstances in which refund of fees required
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#### 254 Circumstances in which refund of fees required
254 Circumstances in which refund of fees required
> > (1) If a consent authority rejects an application, the consent authority must refund to the applicant the whole of the fee paid for the application.
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> > (2) If a consent authority is paid a fee for giving notice of the following development, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice—
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> > > (a) designated development,
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> > > (b) nominated integrated development,
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> > > (c) threatened species development,
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> > > (d) Class 1 aquaculture development,
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> > > (e) prohibited development,
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> > > (f) other development for which a community participation plan requires notice to be given.
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> > (3) If a consent authority is paid a fee for giving notice of a modification application, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice.
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> > (4) If a consent authority is paid an additional fee for an application that is accompanied by a statement of a qualified designer, the consent authority must refund to the applicant the additional fee, if the development is not referred to a design review panel.
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> > (5) Subsections (3) and (4) do not apply to fees paid in relation to—
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> > > (a) a development application for State significant development, or
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> > > (b) an application for approval of State significant infrastructure,