New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 106

106 Can approvals be amended?

(1) A person to whom an approval is granted or any other person entitled to act on an approval may apply to the council to amend the approval.

(2) Sections 78- 86, 89, 97- 99 and 105 apply to an application to amend an approval in the same way as they apply to an application for approval.

(3) The council may amend an approval if--

(a) it is satisfied that the approval as amended will be substantially the same as the original approval, and

(b) it is satisfied that no prejudice will be caused to any person who made a submission concerning the application for the original approval, and

(c) it has consulted with any person or authority whose concurrence to the original approval was required to be obtained and the person or authority has not, within 21 days after being consulted, objected to the amendment of the original approval.

(5) If the council amends an approval under this section, the amended approval replaces the original approval as from the date endorsed on the notice of determination of the application.

(6) In the case of an approval granted by the Land and Environment Court, a reference in this section to the council is taken to be a reference to the Court, but no appeal lies from the Court's determination of the application.