Appendix F: Timeframes for applications affected by direct referral

Timeframes that may apply if a request is made for direct referrals

The table below does not indicate all parallel timeframes for direct referral because timeframes may be parallel in some cases and not others. The only parallel timeframes that are marked in grey are those that are always parallel.

Action Section Timeframe (working days)
Time from application being lodged until decision that application is complete 88(3) 5
Up to five working days from close of submissions to request direct referral 87D(2) 5
From time the application is lodged to the decision to notify 95 10
From notification to make a decision on a request for direct referral s87E(5) 15
From notification to closing date for submissions 97 20
If already notified, from close of submissions to decision on a request for direct referral 87E(6) 15
From close of submissions to request a commissioner 100A(3) 5
To prepare a report on the application for the Environment Court

Whichever is longer between either:
  • from submissions closing to prepare report on the application for the Environment Court, or
  • from decision to grant referral to prepare report on the application for the Environment Court

87F(3)(a)


87F(3)(b) 		20
From the receipt of the local authority report to the applicant lodging a notice of motions (NOM) with the Environment Court 87G(2)(a) 10
To make a decision on an application if referral is granted, but the NOM is not lodged and a hearing is not held 115(5) 10
To hold a hearing if a NOM is not lodged. Whichever is earlier between either:
  • the end of 10 working days if the NOM is not lodged, or
  • the applicant informs the local authority that a NOM will not be lodged
101(2)(a) 15
From closing date for submissions to hearing if there is pre-circulation of evidence 41B(6) 30
To provide notice of the date and location of the hearing 101(3) 10
For applicant to provide evidence before hearing 41B(2) 10
For submitter to provide evidence before hearing 41B(3) and (4) 5
After the applicant’s right of reply, a hearing must close, if it has not already closed 103A(2) 10
From close of hearing to notice of decision (115(2) 15
Reasons the clock can stop when there is a request for referral to the Environment Court
Section Reason
88D(2)(b)(i) Can be stopped for 15 working days from notification, if not already notified
88D(2)(b)(ii) Can be stopped for 15 working days from the request, if already notified
88D(4) If there is an objection to the decision of the local authority on referral
88D(6) From the date the report is completed until:
  • the notice of motions is lodged
  • the 10 working days to lodge runs out
  • the applicant informs the local authority that he/she/it does not intend to lodge
Timeframes that may be affected by clock stopping when there is a request for referral to the Environment Court
Section Reason
41B(6) and (7) Time limit to begin the hearing if there is pre-circulation of evidence
87F Time limit for preparing local authority report when a request is made to directly refer to the Environment Court
101(2) Time limit for beginning the hearing if there is no pre-circulation of evidence
115 Time limit for notifying a decision

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