Environmental Planning and Assessment Act 1979

Modifications involving minor error, misdescription or miscalculations or of no environmental impact A consent authority may, on application by the applicant or another person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify a development consent—

to correct a minor error, misdescription or miscalculation, or

if satisfied the proposed modification has no environmental impact.

Subsections (1A), (2), (3) and (6) and Part 8 do not apply to a modification under subsection (1).

Modifications involving minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if—

it is satisfied that the proposed modification has minimal environmental impact, and

it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

it has notified the application in accordance with—

the regulations, if the regulations so require, or

the community participation plan, if the community participation plan requires the notification or advertising of applications for modification of a development consent, and

it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the community participation plan, as the case may be.

Other modifications A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if—

it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(Repealed)

it has notified the application in accordance with—

the regulations, if the regulations so require, or

the community participation plan, if the community participation plan requires the notification or advertising of applications for modification of a development consent, and

it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the community participation plan, as the case may be.

In determining an application for a modification of a consent under this section, the consent authority must take the following into consideration—

the matters referred to in section 4.15(1), but only so far as the matters are of relevance to the application,

the reasons given by the consent authority for the grant of the consent sought to be modified, but only so far as the reasons are of relevance to the application.

Section 4.15(1C) extends to an application for a modification under this section of a consent for targeted assessment development.

Section 4.13 extends to an application under subsection (1A) or (2) as if the application were a development application if an environmental planning instrument provides that the consent authority is required to notify, consult with or obtain the concurrence of a person before determining the application for modification.

The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

To avoid doubt, a consent authority is not prevented from modifying a consent under subsection (1), (1A) or (2) merely because the modification only modifies a condition of consent and would not result in a change to the development the subject of the consent.

Deemed refusals The regulations may make provision for or with respect to the following—

the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent,

the effect of any such deemed determination on the power of a consent authority to determine any such application,

the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act.

(Repealed)

Modifications by the Court The provisions of this section extend, subject to the regulations, to enable the Court to modify a consent granted by it but, in the extension of those provisions, the functions imposed on a consent authority under subsection (1A)(c) or subsection (2)(b) and (c) are to be exercised by the relevant consent authority and not the Court.