Action by Commission on receipt of application
38 Action by Commission on receipt of application
On receipt under clause 37(2) of an application for development approval under this Scheme, the Commission must —
consider whether the application and accompanying material satisfies clauses 34 to 36, as the case requires; and
within 7 days after the day on which the application is received, give the applicant written notice stating —
if the Commission is satisfied that the application and accompanying material satisfies clauses 34 to 36, as the case requires — that the application has been accepted for assessment; or
otherwise — that the applicant must amend the application, or provide further accompanying material, before the application can be accepted for assessment.
If the Commission does not give notice under subclause (1)(b) within the 7‑day period referred to in that subclause, the application is taken to be accepted for assessment on the day after the end of that period.
If the Commission gives notice under subclause (1)(b)(ii) and the applicant amends the application or provides further accompanying material as required, this clause applies again in respect of the application as amended or as accompanied by the further material as if a reference to the receipt of the application were a reference to the receipt of the amendment or the further material.
[Clause 38 inserted: Act No. 41 of 2024 s. 5.]
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