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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 15 July 2001 to 13 December 2001 (accessed 28 January 2020 at 00:16) Current version
Part 6 Division 12 Clause 118
118   Public participation—application under section 96 (2) of the Act for modification of certain development consents
(cf clause 72A of EP&A Regulation 1994)
(1)  This clause applies to an application under section 96 (2) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following:
(a)  designated development,
(b)  State significant advertised development,
(c)  any other advertised development where the application was made to a consent authority other than a council.
(2)  Notice of the application must be published in a local newspaper by the relevant consent authority, that is:
(a)  by the consent authority that granted the development consent, or
(b)  by the consent authority to which the original development application was made, if development consent was granted by the Court on appeal.
(3)  The relevant consent authority must also cause notice of the application to be given to each person who made a submission in relation to the original development application.
(4)  A consent authority referred to in subclause (2) (b) must notify the Court of the date on which notice of the application is published under subclause (2).
(5)  The notice published under subclause (2) must contain the following information:
(a)  a brief description of the development consent, the land to which it relates and the details of the modification sought,
(b)  a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),
(c)  the period during which the application may be inspected at the principal office of the consent authority that publishes the notice,
(d)  a statement that, if the application is approved, there is no right of appeal to the Court by an objector.
(6)  For the purposes of section 96 (2) (d) of the Act, the period referred to in subclause (4) (c) must be a period of at least 14 days commencing on the day after which notice of the application for modification is first published in a local newspaper.
(7)  During the period referred to in subclause (4) (c), any person may inspect the application and any accompanying information and make extracts from or copies of them.