sec.49Due day for deciding applications

sec.49 Due day for deciding applications

The due day for the authority to decide the application is the sixtieth day after the application is made, not including— a day the authority asks for more information or documents under section 47 ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) . However, if requested to do so by the authority, the State Minister may extend the due day for deciding the application if the Minister is satisfied it would be reasonable, having regard to the nature of the application and any other matter relevant to the authority’s capacity to properly decide it. If the State Minister extends the due day, the Minister must give written notice of the extension to the authority and the applicant. The due day may also be extended by agreement between the authority and the applicant. If the authority does not decide the application by the due day, including any extension— the applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but if the applicant does not proceed under part 5 , the authority is still required to decide the application as soon as practicable. s 49 amd 2023 SL No. 142 s 5 (sec.49-ssec.1) The due day for the authority to decide the application is the sixtieth day after the application is made, not including— a day the authority asks for more information or documents under section 47 ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) . (sec.49-ssec.2) However, if requested to do so by the authority, the State Minister may extend the due day for deciding the application if the Minister is satisfied it would be reasonable, having regard to the nature of the application and any other matter relevant to the authority’s capacity to properly decide it. (sec.49-ssec.3) If the State Minister extends the due day, the Minister must give written notice of the extension to the authority and the applicant. (sec.49-ssec.4) The due day may also be extended by agreement between the authority and the applicant. (sec.49-ssec.5) If the authority does not decide the application by the due day, including any extension— the applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but if the applicant does not proceed under part 5 , the authority is still required to decide the application as soon as practicable.

• (a) a day the authority asks for more information or documents under section 47 ; or
• (b) the day the applicant complies with the request; or
• (c) any days between the days mentioned in paragraphs (a) and (b) .
• (a) the applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but