Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

This clause applies to development that was a transitional Part 3A project and that has been declared to be State significant infrastructure by an order under clause 5.

A condition that causes the approval for the development to lapse on a day (the original lapsing day) does not have effect and the approval instead lapses on the day specified in subclause (3) if—

a request has been duly made to the Minister to modify the approval to specify a later day on which the approval will lapse (a relevant modification request), and

the relevant modification request is made before the original lapsing day and the request has not been determined on or before that day.

The approval lapses 12 months after the relevant modification request is made unless before the end of that period—

the relevant modification request is refused or withdrawn, in which case the approval lapses on the day on which the refusal or withdrawal occurs, or

the relevant modification request is granted, in which case the approval lapses on the day specified in the modified approval.

This clause extends to a relevant modification request that was duly made before the commencement of this clause.

If a relevant modification request was made before the commencement of this clause and was not determined before the approval lapsed, the approval is revived for the purposes of the application of this clause and of any other request made before that commencement in relation to the approval. In that case, the period of 12 months referred to in subclause (3) is taken to be the 12 months after the commencement of this clause.