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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 24 January 2020 at 19:16) Current version
Part 5 Division 4 Section 115BA
115BA   Modification of Minister’s approval
(1)  A reference in this section to a modification of an approval is a reference to revoking or varying a condition of the approval or imposing an additional condition on the approval.
(2)  A proponent may request the Minister to modify an approval granted under this Division if the proponent intends to modify the approved activity so that it will be inconsistent with the approval.
(3)  A proponent does not need to obtain the Minister’s modification of an approval if the activity as modified will be consistent with the approval.
(4)  The proponent must consider in accordance with section 111 the environmental impact of the modification of the activity. For that purpose, a reference in that section to an activity is taken to be a reference to the activity only to the extent that it is proposed to be modified.
(5)  A modification of an approval may be sought:
(a)  if a further environmental impact statement is required under this Part because of the proposed modification of the activity, only after the proponent has complied with section 112 (1) (a)–(c) in respect of the proposed modified activity, or
(b)  if a further environmental impact statement is not so required, only after particulars of the proposed modification of the activity have been publicly exhibited in accordance with the regulations.
(6)  If a proponent requests modification of an approval under this Division, the Minister is required to modify the approval (with or without conditions or revising the requested modification) or disapprove of the modification. The Minister is to notify the proponent of the decision and indicate the reasons for any conditions or revision of the requested modification or any disapproval of the modification of the approval.
(7)  The Minister, when modifying an approval, must consider in accordance with section 111 the environmental impact of the modification of the activity. For that purpose, a reference in that section to an activity is taken to be a reference to the activity only to the extent that it is proposed to be modified.
(8)  If the Minister has directed that an inquiry be held in accordance with section 119 with respect to the proposed modification of the approval, the Minister is to defer a decision on the modification until the proponent advises the Minister whether it proposes to proceed with or revise the requested modification following its consideration of the findings and recommendations of the Commission of Inquiry and any advice of the Minister.
(9)  The Minister’s decision on a modification of an approval is to be made within 21 days after:
(a)  the Minister receives the Director’s report under section 115C, or
(b)  the proponent advises the Minister that it proposes to proceed with or revise the requested modification, if subsection (8) applies.
The proponent may agree to an extension of the period.
(10)  If the Minister’s decision is not made within the period required by subsection (9), the Minister is taken to have modified the approval as requested by the proponent. This subsection does not affect any obligation of the proponent under the other Divisions of this Part.