New South Wales Consolidated Acts

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Can approvals be revoked or modified?

108 Can approvals be revoked or modified?

(1) A council may revoke or modify an approval in the circumstances set out in section 109.
(2) A modification may take the form of the imposition of an additional condition or the variation or rescission of a condition to which the approval is subject.
(3) Notice of a revocation of an approval or a modification of an approval that restricts or reduces the authority conferred by the approval may be served on any person who appears to the council to be acting under that authority or to be entitled to act under that authority.
(4) A revocation or modification takes effect on the date of service of the notice of the revocation or modification or a later date specified in the notice.
(5) At the same time as or as soon as practicable after the notice of the revocation or modification is served, the council is required to send--
(a) a copy of the notice to each person who, in its opinion, is likely to be disadvantaged by the revocation or modification, and
(b) a copy of the notice and the reasons for the revocation or modification to the Building Services Corporation, if the approval is for--
• the transfer, alteration, repair or extension of water service pipes, or
• the carrying out of sanitary plumbing work, sanitary drainage work or stormwater drainage work.
(6) This section does not apply to an approval granted by the Land and Environment Court.

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