A notice of determination under s 81(1) of the EPA Act that misstates the conditions of development consent (including by incorrectly characterising conditions as deferred commencement conditions) is not effective to make the consent operative under s 83(1). Section 101 of the EPA Act does not prevent a party from arguing that a consent never became effective due to non-compliance with notification requirements, as distinct from challenging the validity of the consent itself. Section 220ZD(2)(b) of the Fisheries Management Act 1994 (NSW) cannot operate to presume knowledge where no valid development consent is in force.
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