Modification of Part 5 activity (sections 7.8 and 7.17)
7.5 Modification of Part 5 activity (sections 7.8 and 7.17)
This clause applies to a modification of an activity under Part 5 of the Environmental Planning and Assessment Act 1979 where the proponent obtained a species impact statement or a biodiversity assessment report for the purposes of biodiversity assessment under section 7.8 of the Act.
Section 7.8 of the Act does not apply in relation to any such modification that will, in the opinion of the determining authority, reduce the overall impact of the activity (or have no impact) on biodiversity values.
Section 7.8 of the Act applies in relation to any such modification that will, in the opinion of the determining authority, increase the overall impact of the activity on biodiversity values, and for that purpose the proponent may elect to have the impacts of the modification assessed by a species impact statement or a biodiversity development assessment report.
The determining authority is required to take into account, in connection with the assessment of the modification, measures taken to avoid or minimise the impact on biodiversity values in connection with the original activity (including any measures calculated in terms of the retirement of biodiversity credits).
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