New South Wales Consolidated Acts

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BIODIVERSITY CONSERVATION ACT 2016 - SECT 7.17

Modifications of planning approvals or activities

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 approvals apply to any such application for modification as follows--
(a) the provisions apply in relation to the original development as proposed to be modified,
(b) a biodiversity development assessment report is required to be submitted and taken into consideration if this Division applies to the original development as proposed to be modified even if a biodiversity development assessment report was submitted in connection with the application for the original development or even if this Division did not apply to the original development (for example, because the modification results in the development exceeding the biodiversity offsets scheme threshold),
(c) however a further biodiversity development assessment report is not required to be submitted if 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,
(d) the biodiversity development assessment report submitted with the application for modification is to take into account any measures already taken to avoid, minimise or offset the impact on biodiversity values in connection with the consent or approval before the proposed modification,
(e) if an application for the original development as proposed to be modified would have been required to be refused because of serious and irreversible impacts on biodiversity values, the application for modification is required to 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.



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