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METROPOLITAN REDEVELOPMENT AUTHORITY REGULATIONS 2011 - REG 22

22 .         Amending development approval on application

        (1)         A person to whom a development approval has been issued by the Authority may apply to the Authority to do any or all of the following —

            (a)         to amend the approval so as to extend the period within which any development approved must be substantially commenced;

            (b)         to amend or delete any condition to which the approval is subject;

            (c)         to amend an aspect of the development approved that, if amended, would not substantially change the development approved.

        (2)         The application must be —

            (a)         made in the approved form; and

            (b)         accompanied by any information or supporting material required by the approved form; and

            (c)         accompanied by the fee set out in Schedule 5 item 3.

        (3)         The Authority may give written notice of the particulars of an application under subregulation (1) to any person mentioned in section 64(1) and have regard to any submissions made by the person.

        (4)         In considering an application under subregulation (1), the Authority must have regard to the matters mentioned in section 66(1).

        (5)         The Authority may decide an application under subregulation (1) by —

            (a)         approving the application with or without conditions; or

            (b)         refusing the application.

        (6)         The Authority must decide the application within 90 days after the application is made.

        (7)         The Authority must give written notice of any decision under this regulation to the applicant and to any person mentioned in section 64(1)(a) or as it otherwise thinks fit.

        (8)         The decision takes effect on the day on which written notice of it is given to the applicant.

        (9)         A decision under this regulation in relation to a development approval does not extend the period decided under section 66(3) in respect of the development approval unless that is a specific term of the decision.

        (10)         This regulation applies in relation to a development approval under section 60 as if any reference in this regulation to the Authority were a reference to the Minister.



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