New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 7.17

7.17 Modifications of planning approvals or activities

(1) Subsection (2) applies to an application for the modification of a development consent, or State significant infrastructure approval, that was granted after the commencement of this Division.

(2) The provisions of this division relating to applications for development consent or State significant infrastructure approval apply to the application for modification as follows--

(a) the provisions apply in relation to the original development as proposed to be modified (the
"proposed modified development" ),

(b) if this division applies to the proposed modified development, a biodiversity development assessment report (a
"further assessment report" ) must be submitted with the application for modification and taken into consideration, even if--

(i) a biodiversity development assessment report was submitted in connection with the application for the original development, or

(ii) this division did not apply to the original development, including because the modification results in the development exceeding the biodiversity offsets scheme threshold,

(c) however, a further assessment report is not required to be submitted with the application for modification if--

(i) the authority or person determining the application for modification, or determining the environmental assessment requirements for the application, is satisfied that the modification will not increase the impact on biodiversity values, or

(ii) the application would, if it were an application for a development consent for the proposed modified development, be exempt from the requirement to be accompanied by a biodiversity development assessment report under an order made under section 7.7(3),

(d) if a further assessment report must be submitted with the application for modification--the further assessment report must take into account any measures already taken to avoid, minimise and offset the impact on biodiversity values in connection with the consent or approval before the proposed modification,

(e) if a further assessment report is not required to be submitted with the application for modification and the relevant authority proposes to change any offset obligations as part of granting the modification application--sections 7.14(3A) and (3B) apply as if--

(i) a further assessment report was required to be submitted with the application for modification, and

(ii) the relevant authority is proposing to impose a condition to retire biodiversity credits of a number and class that differs from the number and class required to be retired under the original approval or consent,

(f) if an application for a development consent, or State significant infrastructure approval, for the proposed modified development would have been required to be refused because of serious and irreversible impacts on biodiversity values--the application for modification must also be refused.

(3) The regulations may make further provision with respect to any such applications for modification (including exemptions to the application of this section).

(4) The regulations may make provision with respect to the application of this Division in relation to any modification of an activity for which the proponent elected to obtain a biodiversity development assessment report for the original activity.