New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 118

Applications under sections 4.55(2) and 4.56 for modification of certain development consents

118 Applications under sections 4.55(2) and 4.56 for modification of certain development consents

(cf clause 72A of EP[#38]A Regulation 1994)

(1) This clause applies to an application under section 4.55(2) or 4.56(1) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following--
(a) designated development,
(b) State significant development,
(c) nominated integrated development, threatened species development or Class 1 aquaculture development where the application was made to a consent authority other than a council.
(2) Notice of the application must be published on the website of the relevant consent authority, that is--
(a) the website of the consent authority that granted the development consent, or
(b) the website of the consent authority to which the original development application was made, if development consent was granted by the Court on appeal, or
(c) the website of the council or councils of the area in which the development concerned is to be carried out, if the development consent was granted by a regional panel or if the development consent was granted by the Court on appeal and the original development consent was granted or was deemed to have been refused by a regional panel.
(3) The relevant consent authority must also cause notice of the application to be given to each person who made a submission in relation to the original development application.
(4) A consent authority referred to in subclause (2)(b) or a council referred to in subclause (2)(c) (if development consent was granted by the Court) must, in the case of an application under section 4.56 of the Act, notify the Court of the date on which notice of the application is published under subclause (2).
(5) The notice published under subclause (2) must contain the following information--
(a) a brief description of the development consent, the land to which it relates and the details of the modification sought,
(b) a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),
(c) the minimum period specified in clause 10 of Schedule 1 to the Act,
(d) a statement that, if the application is approved, there is no right of appeal to the Court by an objector.
(7) During the period referred to in subclause (5)(c), any person may inspect the application and any accompanying information and make extracts from or copies of them.



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