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Environmental Planning and Assessment Regulation 2021
94Circumstances in which the assessment period ceases to run
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#### 94 Circumstances in which the assessment period ceases to run
94 Circumstances in which the assessment period ceases to run
> > (1) The assessment period for a development application for State significant development ceases to run during the period between the day on which the Planning Secretary requests a written response to submissions from the applicant under section 59 and the earlier of—
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> > > (a) the day on which the response is given to the Planning Secretary, or
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> > > (b) the day on which the applicant gives, or is taken to have given, written notice to the Planning Secretary that a response will not be given.
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> > (2) The assessment period for a development application ceases to run during the period between the day on which a consent authority requests additional information from an applicant under section 36 and the earlier of—
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> > > (a) the day on which the information is given to the consent authority, or
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> > > (b) the day on which the applicant gives, or is taken to have given, written notice to the consent authority that the information will not be given.
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> > (3) Subsection (2) applies only if the consent authority’s request is made within 25 days after the day on which the development application is lodged.
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> > (4) The assessment period for integrated development that requires an Aboriginal heritage impact permit under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) ceases to run during the period of Aboriginal community consultation required under that Act that occurs within 46 days after the day on which the development application is lodged.
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> > (5) Subsection (4) applies only if the Aboriginal community consultation commences within 25 days after the day on which the development application is given to the approval body under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).
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> > (6) The assessment period for development requiring the concurrence of a concurrence authority or the approval of an approval body ceases to run during the period between the day on which the concurrence authority or approval body requests additional information from a consent authority under section 43 or 52 and the earlier of—
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> > > (a) the day on which the consent authority gives the information to the concurrence authority or approval body, or
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> > > (b) the day on which the consent authority gives, or is taken to have given, written notice to the concurrence authority or approval body that the information will not be given.
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> > (7) Subsection (6) applies only if the concurrence authority or approval body makes the request to the consent authority within 25 days after the request for concurrence or approval is received by the concurrence authority or approval body from the consent authority.