27FCase for assessment to be lodged within 12 months

27F Case for assessment to be lodged within 12 months

[Section 27F of Part 3 Inserted by No. 45 of 2007, s. 11, Applied:29 Nov 2007]

(1)  A case for assessment of an application or proposal must be –

(a) in accordance with the guidance provided by the Board under section 74(4) ; and

(b) lodged with the Board within 12 months after the Board provides that guidance, or within such other period as determined by written agreement between the Board and the applicant or proponent.

(1A)  [Section 27F Subsection (1A) inserted by No. 31 of 2020, s. 5, Applied:30 Nov 2020] A case for assessment is not taken to be lodged with the Board until the applicant or proponent has been notified by the Board under section 27FA(3) that the case for assessment has been accepted.

(2)  If a case for assessment referred to in subsection (1) is not lodged within the period specified in that subsection, the Board –

(a) is not required to complete the assessment; and

(b) may reject the application or proposal.

(3)  If the Board rejects an application or proposal under subsection (2)(b)  –

(a) the Board is to notify the applicant or proponent of that rejection; and

(b) the Board may, in the case of an application for a permit for a permissible level 2 activity, direct the relevant planning authority to refuse to grant the application; and

(c) the applicant or proponent is to pay the assessment fee, or such portion of it as the Board determines.

(4)  The planning authority must comply with a direction under subsection (3) .

(5)  A person who is aggrieved by a decision of the Board to reject, under subsection (2)(b) , a proposal referred to it under or , may appeal to the Appeal Tribunal within 14 days after being notified of the Board's decision.