Metropolitan Region Scheme

Subject to clause 46, the Commission must determine an application for development approval under this Scheme —

if the application is the subject of a notice under clause 41 — within 90 days after the day on which the application is accepted for assessment; or

otherwise — within 60 days after the day on which the application is accepted for assessment; or

in either case — within a longer period agreed in writing between the applicant and the Commission.

If the Commission has not made a determination in the period referred to in subclause (1), the Commission is taken to have refused to grant the development approval.

Despite subclause (2), the Commission may determine whether or not to grant the development approval after the period applicable under subclause (1) has expired and the validity of the determination is not affected by the expiry.