Agenda - Byron Shire Council - NSW Government

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BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (24) (8) If the council does not determine the application within the period notified by the Minister for the purpose, the council is taken, on the expiration of that period, to have determined the application in accordance with the Minister’s consent. 5 10 74 Prohibition on appeals concerning Crown applications No review or appeal lies against a determination that the council is taken to have made under section 72 (8) or a decision or determination of the Minister under section 72 or 73. 105 Circumstances in which approval is taken to have been refused (1) If the council has not determined an application: (a) within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or 15 (b) within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act, the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires. 20 25 30 (2) Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise. (3) A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4). (4) Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined. Ordinary Meeting Agenda 09/05/13
BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (25) 5 Report No. 12.3. Revised Council Meeting Schedule for 2013 Executive Manager: Corporate Management Report Author: Ken Gainger, General Manager File No: #E2013/26690 Theme: Corporate Management, Councillors Summary: This report is prepared to allow Council to consider a proposed revision to the schedule of Council meetings for 2013. The proposed schedule would commence from 8 August 2013 and work on the basis of holding an Ordinary Meeting every third Thursday. It also proposes the removal of the Strategic Planning Committee from the schedule. Council’s Code of Meeting Practice states, in part, that: “4.3 The scheduling of Ordinary meetings of Council may be changed by resolution of Council.” In future, should this schedule be adopted beyond 2013, the Code of Meeting Practice would require an amendment at part 4.1 which states: “4.1 Ordinary Meetings will be held: (a) on the second and fourth Thursdays of each of the months of February, April, June, August, October and December; (b) on the second Thursday of each of the months of March, May, September and November." Further, due to feedback received from Councillors, this report allows for adoption of a revised agenda delivery date. That is, agendas would be delivered to Councillors nine days before each Ordinary Meeting rather than seven days prior. Council's Code of Meeting Practice states: "5.1 The General Manager of the Council must send to each Councillor, at least seven days before each Ordinary meeting of the Council, a notice specifying the time and place at which, and the date on which, the meeting is to be held and the business proposed to be transacted at the meeting." RECOMMENDATION: 10 15 1. That Council adopts a three weekly meeting cycle for ordinary Council meetings commencing in August 2013 in accordance with the following revised schedule of Ordinary Meetings: 8 August 2013 29 August 2013 19 September 2013 10 October 2013 31 October 2013 21 November 2013 Ordinary Meeting Agenda 09/05/13
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Agenda - Byron Shire Council - NSW Government

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