New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 65A

65A Modification of approvals

(1) On application in the approved form by any person entitled to act on an approval, the approval body may modify the approval--

(a) so as to vary any aspect of the original approval, but only if it is satisfied that the act, matter or thing authorised by the modified approval is substantially the same as the act, matter or thing authorised by the original approval, or

(b) so as to correct a minor error, misdescription or miscalculation.

(2) The provisions of sections 61, 62, 64 and 65 apply to an application under subsection (1) (a) in the same way as they apply to an application for an approval, but do not apply to or in respect of an application under subsection (1) (b).

(3) For the purposes of this section--

(a) the Minister is taken to be the approval body in relation to an approval granted by the Minister as a result of an appeal under Division 4, and

(b) the Court is taken to be the approval body in relation to an approval granted by the Court as a result of an appeal under Division 4,

but, in either case, the application for modification of the approval is to be lodged not with the Minister or Court but with the approval body to whom the application for original approval was made.

(4) Modification of an approval under this section is not to be construed as the granting of an approval, but a reference in this or any other Act to an approval includes a reference to the modified approval.