You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2000 - 557)
Skip to content
Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 17 September 2019 at 22:37)
Part 14 Division 5
Division 5 Public participation—modification of Minister’s approval where no environmental impact statement required
237A   Application
This Division applies in relation to the provisions of Division 4 of Part 5 of the Act, as in force immediately before their repeal, to the extent that those provisions continue to apply to an activity by the operation of a transitional provision made by or under the Act.
238   Particulars of proposed modification to be publicly exhibited
(cf clause 90A of EP&A Regulation 1994)
(1)  For the purposes of section 115BA (5) (b) of the Act, particulars of a proposed modification of an approved activity must be publicly exhibited in accordance with this Division.
(2)  In this Division, particulars of a proposed modification include a description of the modification to be made to the approved activity and the locality of the proposed modified activity.
239   Notice to be given of the public exhibition of the proposed modification
(cf clause 90B of EP&A Regulation 1994)
(1)  Notice of the period during which the particulars of the proposed modification may be inspected and the places and times for inspection—
(a)  must be published in a local newspaper circulating in the locality of the proposed modified activity, and
(b)  must be published in the newspaper on at least 2 separate occasions before the start of that inspection period, and
(c)  must appear in the display section of the newspaper.
(2)  The notice must include the following matters—
(a)  the following heading in capital letters and bold type—“PROPOSED MODIFICATION TO (a title description of approved activity and its location)—PUBLIC EXHIBITION
(b)  brief particulars of the proposed modification,
(c)  the name of the proponent,
(d)  a statement of the period during which the particulars of the proposed modification may be inspected and the places and times for inspection,
(e)  a statement that any person may, before the end of that inspection period, make written representations to the proponent about the proposed modification.
240   Where may the proposed modification be inspected?
(cf clause 90C of EP&A Regulation 1994)
The particulars of the proposed modification are to be available for inspection during the inspection period specified in the notice under clause 241—
(a)  at the principal office of the proponent and the Department, and
(b)  at the office of the proponent and the Department closest to the locality in which the proposed modified activity is to be carried out, and
(c)  at the principal office of the council for the area in which the proposed modified activity is to be carried out, and
(d)  at the Sydney office of the Environment Centre (New South Wales) Pty Ltd.
241   Period of exhibition of proposed modification
(cf clause 90D of EP&A Regulation 1994)
The particulars of the proposed modification are to be available for inspection for a period of at least 14 days beginning on the day following the second occasion on which the relevant notice is published under clause 239.
242   Representations on proposed modification
(cf clause 90E of EP&A Regulation 1994)
(1)  Any person may, during the inspection period specified in the notice under clause 239, inspect the particulars of the proposed modification and may, before the end of that inspection period, make written representations to the proponent about the proposed modification.
(2)  The proponent must include, in the request to the Minister for the modification of the relevant approval, a copy of any written representations made to the proponent in accordance with this clause.