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Environmental Planning and Assessment Regulation 2021
76Deferred commencement consent
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#### 76 Deferred commencement consent
76 Deferred commencement consent
> > (1) A development consent with a deferred commencement, as referred to in the Act, section 4.16(3), must be clearly identified as a “deferred commencement” consent, whether by using the expression, referring to that section or otherwise.
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> > (2) A deferred commencement consent must clearly distinguish between—
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> > > (a) conditions that relate to matters about which the consent authority must be satisfied before the consent can operate (the relevant matters), and
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> > > (b) other conditions.
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> > (3) A consent authority may specify the period within which the applicant must produce sufficient evidence to the consent authority to enable it to be satisfied about the relevant matters.
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> > (4) If the applicant produces evidence in accordance with this section, the consent authority must notify the applicant whether it is satisfied about the relevant matters.
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> > (5) If the consent authority does not notify the applicant within 28 days after the applicant produces the evidence, the consent authority is taken to have notified the applicant, on the day on which the period expires, that it is not satisfied about the relevant matters.
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> > (6) Subsection (5) applies for the purposes of the Act, section 8.7 only.