State Development and Public Works Organisation Act 1971

This section applies if, under section 35J(a), the proponent is given a Coordinator-General’s change report.

The Coordinator-General must give a copy of the change report to the decision maker for the relevant application.

The change report is taken to be a referral agency’s response for the Planning Act for the application.

The referral agency’s response mentioned in section 37(1)(d)(i) ceases to have effect for the application.

Subsection (6) applies if the change report was given to the proponent—

after the decision-making period for the application started; but

before the decision maker has decided the application.

Despite the Planning Act, the decision-making period for the application—

ends on the day the Coordinator-General gives the proponent a copy of the change report; and

starts again from its beginning on the day after the decision maker receives a copy of the change report.

Subsection (8) applies if—

the change report was given to the proponent after the decision maker decided the application (the original application); and

the proposed change the subject of the change report involves—

assessable development that is not approved by a development approval; or

changes to assessable development approved by a development approval; and

the proponent proposes to carry out the assessable development or assessable development as changed.

The proponent must take, or cause to be taken, the required steps under the Planning Act to obtain approval of the assessable development or changes to the assessable development.

Sections 37 to 41 apply to the obtaining of the approval as if—

a reference to the Coordinator-General’s report for the EIS or IAR for the project were a reference to the change report; and

a reference to a properly made submission about the draft EIS or draft IAR were a reference to a properly made submission about the proposed change.

Subsection (8) applies in relation to the changes to the assessable development even if there is an undecided appeal against the decision on the original application.