Record whether a one-year extension of a shortened consent can be sought
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the consent, record whether it writes a lapsing period of less than 5 years, and whether the period has already expired. If both are still open on the face of the consent, record that an application for an extension of 1 year may be made before the period expires, and that the consent authority may grant it if satisfied the applicant has shown good cause. Record that an extension, if granted, runs from the later of the date the consent would have lapsed and the date the extension was granted, or the date an appeal determination allowed it. Record that the section does not apply to complying development. Do not draft the application. Do not say that good cause has been shown.
- What the lawyer must review
- The lawyer decides whether to apply and what good cause is put forward. Section 4.54 of the Environmental Planning and Assessment Act 1979 (NSW) applies where, in granting a development consent, the consent authority reduced the lapsing period to less than 5 years. The applicant, or any other person entitled to act on the consent, may apply to the consent authority before the period expires for an extension of 1 year. The consent authority may grant the extension if satisfied the applicant has shown good cause. The opened text has no subsection (3). An extension runs from the later of the date the consent would have lapsed but for the extension, and the date the consent authority granted it or, if the Court allowed the extension in determining an appeal, the date the Court determined the appeal. The Act's definition of Court was not opened. The section does not apply to complying development. This task does not prepare the application.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the consent, record whether it writes a lapsing period of less than 5 years, and whether the period has already expired. If both are still open on the face of the consent, record that an application for an extension of 1 year may be made before the period expires, and that the consent authority may grant it if satisfied the applicant has shown good cause. Record that an extension, if granted, runs from the later of the date the consent would have lapsed and the date the extension was granted, or the date an appeal determination allowed it. Record that the section does not apply to complying development. Do not draft the application. Do not say that good cause has been shown. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not treat a consent that still has a 5-year period as eligible.
- Do not draft the extension application or the good-cause reasons.
- Do not invent a subsection (3). The opened text goes from subsection (2) to subsection (4).
- Record that the section does not apply to complying development.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 4.54, extension of lapsing period for 1 year · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.