Agenda - Byron Shire Council - NSW Government
Agenda - Byron Shire Council - NSW Government
Agenda - Byron Shire Council - NSW Government
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BYRON SHIRE COUNCIL<br />
ORDINARY MEETING 9 MAY 2013 (24)<br />
(8) If the council does not determine the application within the period notified by the Minister for<br />
the purpose, the council is taken, on the expiration of that period, to have determined the<br />
application in accordance with the Minister’s consent.<br />
5<br />
10<br />
74 Prohibition on appeals concerning Crown applications<br />
No review or appeal lies against a determination that the council is taken to have made under<br />
section 72 (8) or a decision or determination of the Minister under section 72 or 73.<br />
105 Circumstances in which approval is taken to have been refused<br />
(1) If the council has not determined an application:<br />
(a) within the period of 40 days after the application is lodged with it, except as provided by<br />
paragraph (b), or<br />
15<br />
(b)<br />
within the period of 80 days after the application is lodged with it in the case of an<br />
application for which the concurrence of a person or authority is required by or under<br />
this Act, the council is, for the purposes only of section 176, taken to have determined<br />
the application by refusing approval on the date on which that period expires.<br />
20<br />
25<br />
30<br />
(2) Nothing in subsection (1) prevents the council from determining an application after the<br />
expiration of the 40-day or 80-day period, whether on a review under section 100 or<br />
otherwise.<br />
(3) A determination under subsection (2) does not prejudice or affect the continuance or<br />
determination of an appeal made under section 176 in respect of a determination that is<br />
taken under subsection (1) to have been made, subject to subsection (4).<br />
(4) Where a determination under subsection (2) is made by granting approval, the council is<br />
entitled, with the consent of the applicant and without prejudice to costs, to have an appeal<br />
made under section 176 in respect of a determination that is taken by subsection (1) to have<br />
been made, withdrawn at any time before the appeal is determined.<br />
Ordinary Meeting <strong>Agenda</strong> 09/05/13