Updated Case Note: Modification applications permitted

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Updated Case Note: Modification applications permitted

by Karen Arthur

Date: 16 July 2021

Case: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112

Original Case Note

Update

The Environmental Planning and Assessment Amendment (Modifications) Regulation 2021 (Regulation), published on the 14 July 2021, amends the law here.

The Regulation amends the Environmental Planning and Assessment Regulation 2000, having the following effects:

  1. modification applications can be amended;
  2. a request to modify the Minister’s approval for State significant infrastructure (SSI) can be amended; and
  3. consent authorities may request additional information from applicants in relation to modification applications.

 

The Regulation further specifies the days that are not included when calculating the date of deemed refusal for a modification application. Accordingly, the Regulation operates to update the Environmental Planning and Assessment Regulation 2000, providing that applicants can lodge applications for the amendment of a modification application. Almost all these provisions came into effect on the 14 July 2021. The exception is a provision requiring the lodgement of amendments of a request for modification of Minister’s approval for SSI occur via the NSW planning portal, which commences on 1 October 2021.