112Review if consent authority does not determine application

112 Review if consent authority does not determine application (1) A person who made an application under section 30C may apply to the Tribunal for a review of a decision of the Minister under that section in relation to the development application component of a concurrent application if, within 49 days after service of the notice under section 30U(1) no notice was served on the applicant under section 30Y or 30Z. (2) A person who made a development application under section 46 may apply to the Tribunal for a review of any lack of decision by a consent authority to determine the application if: (a) the consent authority deferred its decision and all other relevant decisions or procedures in relation to the deferral are completed; or (b) the applicant is not served with a notice under section 53B or 53C within 84 days of making the application. (3) A person who made an application under section 57 or 59 may apply to the Tribunal for a review of any lack of decision by a consent authority to determine the application if the consent authority does not notify the applicant of a determination within 84 days of the application being made. (4) For the purposes of a review under this section, the application is taken to be refused under section 30C, 30W, 53, 57 or 59. (5) Despite subsection (4), the application may be determined under section 30C, 30W, 53, 57 or 59 any time before the Tribunal determines the review.

Planning Act 1999 134 (6) If the application is determined in accordance with subsection (5), the applicant may: (a) abandon the application for review to the Tribunal under this section; or (b) continue the application for review in relation to the actual determination of the consent authority. (7) The Tribunal must refund to the applicant all fees paid in respect of any abandoned application for review.