39Rejection of development applications

#### 39 Rejection of development applications 39 Rejection of development applications > > (1) A consent authority may reject a development application within 14 days after receiving the application if— > > > > > (a) the application is illegible or unclear about the development consent sought, or > > > > > (b) the application does not contain the information and documents that are required by— > > > > > > > (i) the approved form, or > > > > > > > (ii) the Act or this Regulation, or > > > > > (c) for an application for State significant development—the Planning Secretary considers the application incomplete for reasons given by written notice to the applicant, or > > > > > (d) for an application for integrated development—the application does not identify all of the approvals required to be obtained, as referred to in the Act, section 4.46, before the development may be carried out, or > > > > > (e) for an application required to be accompanied by a biodiversity development assessment report under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)—the application is not accompanied by a report, or > > > > > (f) for an application required to be accompanied by a species impact statement under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZW—the application is not accompanied by a statement. > > > (2) For the purposes of the Act, a development application is taken never to have been made if— > > > > > (a) the application is rejected by a consent authority under this section, and > > > > > (b) the determination to reject the application is not changed following a review. > > > (3) Immediately after rejecting a development application, the consent authority must notify, through the NSW planning portal— > > > > > (a) the applicant of the reasons for the rejection, and > > > > > (b) if the development application is for integrated development or development requiring concurrence—each relevant approval body or concurrence authority. > > > (4) Subsection (3)(b) applies only if the consent authority has already notified the approval body under section 42 or the concurrence authority under section 50. > > **s 39:** Am 2023 (350), Sch 1\[2\].