30ANew Act applies to modifications of planning approvals granted or applied for before commencement of new Act

#### 30A New Act applies to modifications of planning approvals granted or applied for before commencement of new Act 30A New Act applies to modifications of planning approvals granted or applied for before commencement of new Act > > (1) The provisions of Division 4 of Part 7 of the new Act apply to applications for the modification of a planning approval— > > > > > (a) where the planning approval was granted before the commencement of the new Act, and > > > > > (b) where the planning approval was granted on or after the commencement of the new Act, as a result of the determination of a pending or interim planning application. > > > (2) For that purpose— > > > > > (a) the provisions apply in relation to the original development as proposed to be modified, and > > > > > (b) a biodiversity development assessment report is required to be submitted and taken into consideration if Division 4 of Part 7 of the new Act would have applied to the original development (as proposed to be modified) if planning approval had been granted after the commencement of the new Act, and > > > > > (c) however a 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, and > > > > > (d) the biodiversity development assessment report submitted with the application for modification— > > > > > > > (i) is to take into account any measures already taken to avoid, minimise or offset the impact on biodiversity values in connection with the planning approval before the proposed modification, and > > > > > > > (ii) is to take into account only the additional impact on biodiversity values resulting from the modification of the development and not those associated with the development as approved, and > > > > > (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. > > **cl 30A:** Ins 2018 (423), Sch 1 \[1\].